Some suggestions and tips for protection of Intellectual Property Rights in India are:-
- Register Intellectual Property Rights (IPR);
- It has been observed that a registration certificate may carry a greater value than the actual evidence of user of the IPR before courts as well as enforcement agencies;
- Remember Courts put greater reliance on registrations.
- Remember for protection of your trade mark / copyright, registration is not necessary.
- Keep your intellectual property portfolio ( Registrations) updated;
- Make Intellectual Property protection a priority;
- Implement clear and effective policies and strategies for IP protection;
- Must have an IP management policy for the organization;
- Whenever possible, prefer to give a public notice against any violation of the IPR through at least 2 newspapers of the national level, as such publications are treated as pubic knowledge and defense of ignorance about the rights of the IP holder may not be taken in the court;
- Wherever required, enter into elaborate assignments, licensing or user agreements, and care should be taken to make provisions for all post termination IPR issues;
- Discourage the policy of permissive user;
- While dealing with IPR, believe in writing;
- Conduct regular due diligence exercise to protect and detect IP violations;
- Determine the risks that your IP faces and keep a watch over potential registrations, risks and violations, and take timely action to oppose any such registrations or violations;
- In case IP litigation is initiated, take the same to its logical conclusion by restraining the actual violation, however do not prolong the litigation, until and unless absolutely necessary, for damages or compensation. It has been observed that Indian courts are not very inclined towards granting punitive or exemplary damages;
- Remember, delay in enforcement of IPR may some times frustrate;
- Renew your IPR in time, else you may loose your substantial right in the IPR;
- Plan for IPR inheritance;
- Keep all papers, registration certificates, copies of applications and correspondence etc., at one place and safely.
- Remember IPR is your most valuable asset.
© 2013, Vaish Associates, Advocates,
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Road, Flat No. 5-7, New Delhi-110001, India.
The content of this article is intended to provide a general guide to the subject matter. Specialist professional advice should be sought about your specific circumstances. The views expressed in this article are solely of the authors of this article.
