FAQ: Ip Registration India

Under Indian copyright and patent law, IP created by an employee in the course of employment generally belongs to the employer by default, so if the India entity directly employs the developers, the India entity technically owns the resulting IP unless an intercompany agreement assigns it to the foreign parent — without that assignment agreement in place, the group's IP ownership structure can end up misaligned with its intended structure.  Read full answer →

A foreign company can file a trademark application directly in India through an authorized agent, without needing a local entity first, but full registration typically takes 18 to 24 months from filing to certificate issuance if there is no opposition, though the mark gets usable priority protection from the filing date itself.  Read full answer →

A foreign IP owner has several enforcement routes in India — a civil infringement suit seeking injunction and damages, criminal complaints for counterfeiting under the Trade Marks Act and Copyright Act, and Customs recordal to have counterfeit goods intercepted at the border — and having a registered trademark or patent in India significantly strengthens all three routes.  Read full answer →

Copyright protection in India arises automatically upon creation of an original work, including software code, and does not require registration to exist — but formal registration with the Copyright Office provides a public record and prima facie evidence of ownership that makes enforcement in an infringement dispute significantly easier and faster.  Read full answer →

Most foreign companies that already have a pending international PCT application should enter the India national phase within 31 months of the priority date rather than filing a fresh Indian application, since the national phase route preserves the original priority date and avoids duplicating the application drafting and examination process from scratch.  Read full answer →