The Wake-Up Call: Why Indian Companies Should Prioritize Intellectual Property Management

Authors : Nilanshu Shekhar, Rishabh Manocha, Sidharth Grover

Intellectual Property (IP) management is crucial for fostering innovation, protecting creative works, and promoting economic development. IP refers to intangible creations of the mind, such as inventions, literary and artistic works, designs, symbols, names, and images used in commerce. Effective IP management involves the identification, protection, and exploitation of these intellectual assets. IP Landscape in India is very vast and includes the following well-established legal framework for the protection of intellectual property, comprising patents, trademarks, copyrights, and designs. 

Challenges Faced in Prioritizing Management

Various challenges can be faced by an Indian company in prioritizing its IP management and creating a good portfolio to maintain and protect its IP rights. A firm must identify the challenges that are faced and take timely corrective action. This would ensure that the company is not only able to protect its rights but also the rights of the investors and other parties associated with the company.

Example– In the year 2020 the gaming industry giant Sony launched the much-anticipated Play Station 5 (PS5) globally as a successor to its outgoing model Play Station 4 (PS4). Sony would usually take its time launching the latest model in India and the same was the case this time as well. Still, it took an unusual turn when a guy based in Delhi took advantage of the delay and registered the mark Play Station 5 (PS5) with the Trademark Office under the same classes that Sony intended to register the mark. This resulted in Trademark Squatting by the person against Sony which led to delays in the registration of the mark and ultimately resulted in losses to the company. This is a great example to showcase how a company can face challenges in prioritizing IP management.  A few of the other challenges that companies in India can face are as follows- 

1.Resource Constraints

Many Indian firms, especially smaller ones, may face resource constraints in terms of finances and expertise. Investing in IP protection measures and legal processes can strain budgets, making it challenging for firms to prioritize IP management.

2. Lack of Awareness

Some businesses may not fully appreciate the value of their intellectual property or the importance of protecting it. This lack of awareness can lead to insufficient investment in IP management strategies and put the firm at risk of losing valuable assets.

3. Lengthy Registration Processes:

The registration processes for patents, trademarks, and copyrights in India can be time-consuming. This delay can affect a company’s ability to quickly establish and protect its rights, especially in fast-paced industries.

4. Inadequate Infrastructure

The infrastructure for IP management in India may face challenges such as a backlog of applications and outdated technology used by the organizations may lead to further delays. This can result in inefficiencies in the registration and protection of intellectual property.

5. Globalization Challenges

For firms with international operations, coordinating and enforcing IP rights across borders can be complex. Differing IP laws and enforcement mechanisms in different countries can pose additional challenges.

All these challenges can be mitigated by employing IP management strategies and engaging an expert who can navigate through the complexities of the laws and provide a cost-effective solution to the challenges ultimately assisting the company in protecting its IP rights and all rights of all the associated parties.

Solution | Global IP Filing - Hubs & Spoke Model

As we know the world is sinking and companies always look for faster & efficient solutions, well global IP filings is the solution to multiple tedious filing system. Global filing is a strategic and efficient method employed by applicants in managing intellectual property rights, such as patents or trademarks, across multiple countries. Digital space, new-age technologies and interconnectivity has strengthened the global trade, putting the importance of global IP at the center.

In navigating the landscape of global intellectual property (IP) filing, it is imperative for a firm like ours to possess a multifaceted skill set. Firstly, identifying the type of IP to be filed involves a strategic consideration of the product lifecycle, emphasizing utility models where applicable. Simultaneously managing present, short-term, and long-term market dynamics is crucial for an informed decision-making process, whether opting for a design patent, utility patent, or other forms. Recognizing the value of digital marketplaces adds another layer to our advantage.

The quality of the patent application draft plays a pivotal role in maximizing the scope of protection. Our approach involves flexibility, ensuring that the draft is tailored to meet the diverse legal requirements of different jurisdictions. A comprehensive understanding of local IP laws is paramount, especially in a globalized business landscape. As businesses expand globally, our firm aims to exploit the advantages offered by the specific laws and processes of individual jurisdictions, providing a bird’s eye view for strategic planning.

Synchronized prosecution is a key element in our global IP filing strategy. Leveraging global treaties and judiciously deciding on International Searching Authorities (ISA) and International Preliminary Examining Authorities (IPEA) enhance our global reach. We ensure that examination requests are filed at the right time and place, aligning with our goal of strategic and synchronized global IP prosecution.

The Wake-Up Call: Why Indian Companies Should Prioritize Intellectual Property Management

Authors : Nilanshu Shekhar, Rishabh Manocha, Sidharth Grover

Intellectual Property (IP) management is crucial for fostering innovation, protecting creative works, and promoting economic development. IP refers to intangible creations of the mind, such as inventions, literary and artistic works, designs, symbols, names, and images used in commerce. Effective IP management involves the identification, protection, and exploitation of these intellectual assets. IP Landscape in India is very vast and includes the following well-established legal framework for the protection of intellectual property, comprising patents, trademarks, copyrights, and designs. 

Challenges Faced in Prioritizing Management

Various challenges can be faced by an Indian company in prioritizing its IP management and creating a good portfolio to maintain and protect its IP rights. A firm must identify the challenges that are faced and take timely corrective action. This would ensure that the company is not only able to protect its rights but also the rights of the investors and other parties associated with the company.

Example– In the year 2020 the gaming industry giant Sony launched the much-anticipated Play Station 5 (PS5) globally as a successor to its outgoing model Play Station 4 (PS4). Sony would usually take its time launching the latest model in India and the same was the case this time as well. Still, it took an unusual turn when a guy based in Delhi took advantage of the delay and registered the mark Play Station 5 (PS5) with the Trademark Office under the same classes that Sony intended to register the mark. This resulted in Trademark Squatting by the person against Sony which led to delays in the registration of the mark and ultimately resulted in losses to the company. This is a great example to showcase how a company can face challenges in prioritizing IP management.  A few of the other challenges that companies in India can face are as follows- 

1.Resource Constraints

Many Indian firms, especially smaller ones, may face resource constraints in terms of finances and expertise. Investing in IP protection measures and legal processes can strain budgets, making it challenging for firms to prioritize IP management.

2. Lack of Awareness

Some businesses may not fully appreciate the value of their intellectual property or the importance of protecting it. This lack of awareness can lead to insufficient investment in IP management strategies and put the firm at risk of losing valuable assets.

3. Lengthy Registration Processes:

The registration processes for patents, trademarks, and copyrights in India can be time-consuming. This delay can affect a company’s ability to quickly establish and protect its rights, especially in fast-paced industries.

4. Inadequate Infrastructure

The infrastructure for IP management in India may face challenges such as a backlog of applications and outdated technology used by the organizations may lead to further delays. This can result in inefficiencies in the registration and protection of intellectual property.

5. Globalization Challenges

For firms with international operations, coordinating and enforcing IP rights across borders can be complex. Differing IP laws and enforcement mechanisms in different countries can pose additional challenges.

All these challenges can be mitigated by employing IP management strategies and engaging an expert who can navigate through the complexities of the laws and provide a cost-effective solution to the challenges ultimately assisting the company in protecting its IP rights and all rights of all the associated parties.

Solution | Global IP Filing - Hubs & Spoke Model

As we know the world is sinking and companies always look for faster & efficient solutions, well global IP filings is the solution to multiple tedious filing system. Global filing is a strategic and efficient method employed by applicants in managing intellectual property rights, such as patents or trademarks, across multiple countries. Digital space, new-age technologies and interconnectivity has strengthened the global trade, putting the importance of global IP at the center.

In navigating the landscape of global intellectual property (IP) filing, it is imperative for a firm like ours to possess a multifaceted skill set. Firstly, identifying the type of IP to be filed involves a strategic consideration of the product lifecycle, emphasizing utility models where applicable. Simultaneously managing present, short-term, and long-term market dynamics is crucial for an informed decision-making process, whether opting for a design patent, utility patent, or other forms. Recognizing the value of digital marketplaces adds another layer to our advantage.

The quality of the patent application draft plays a pivotal role in maximizing the scope of protection. Our approach involves flexibility, ensuring that the draft is tailored to meet the diverse legal requirements of different jurisdictions. A comprehensive understanding of local IP laws is paramount, especially in a globalized business landscape. As businesses expand globally, our firm aims to exploit the advantages offered by the specific laws and processes of individual jurisdictions, providing a bird’s eye view for strategic planning.

Synchronized prosecution is a key element in our global IP filing strategy. Leveraging global treaties and judiciously deciding on International Searching Authorities (ISA) and International Preliminary Examining Authorities (IPEA) enhance our global reach. We ensure that examination requests are filed at the right time and place, aligning with our goal of strategic and synchronized global IP prosecution.

The Wake-Up Call: Why Indian Companies Should Prioritize Intellectual Property Management

Authors : Nilanshu Shekhar, Rishabh Manocha, Sidharth Grover

Intellectual Property (IP) management is crucial for fostering innovation, protecting creative works, and promoting economic development. IP refers to intangible creations of the mind, such as inventions, literary and artistic works, designs, symbols, names, and images used in commerce. Effective IP management involves the identification, protection, and exploitation of these intellectual assets. IP Landscape in India is very vast and includes the following well-established legal framework for the protection of intellectual property, comprising patents, trademarks, copyrights, and designs. 

Challenges Faced in Prioritizing Management

Various challenges can be faced by an Indian company in prioritizing its IP management and creating a good portfolio to maintain and protect its IP rights. A firm must identify the challenges that are faced and take timely corrective action. This would ensure that the company is not only able to protect its rights but also the rights of the investors and other parties associated with the company.

Example– In the year 2020 the gaming industry giant Sony launched the much-anticipated Play Station 5 (PS5) globally as a successor to its outgoing model Play Station 4 (PS4). Sony would usually take its time launching the latest model in India and the same was the case this time as well. Still, it took an unusual turn when a guy based in Delhi took advantage of the delay and registered the mark Play Station 5 (PS5) with the Trademark Office under the same classes that Sony intended to register the mark. This resulted in Trademark Squatting by the person against Sony which led to delays in the registration of the mark and ultimately resulted in losses to the company. This is a great example to showcase how a company can face challenges in prioritizing IP management.  A few of the other challenges that companies in India can face are as follows- 

1.Resource Constraints

Many Indian firms, especially smaller ones, may face resource constraints in terms of finances and expertise. Investing in IP protection measures and legal processes can strain budgets, making it challenging for firms to prioritize IP management.

2. Lack of Awareness

Some businesses may not fully appreciate the value of their intellectual property or the importance of protecting it. This lack of awareness can lead to insufficient investment in IP management strategies and put the firm at risk of losing valuable assets.

3. Lengthy Registration Processes:

The registration processes for patents, trademarks, and copyrights in India can be time-consuming. This delay can affect a company’s ability to quickly establish and protect its rights, especially in fast-paced industries.

4. Inadequate Infrastructure

The infrastructure for IP management in India may face challenges such as a backlog of applications and outdated technology used by the organizations may lead to further delays. This can result in inefficiencies in the registration and protection of intellectual property.

5. Globalization Challenges

For firms with international operations, coordinating and enforcing IP rights across borders can be complex. Differing IP laws and enforcement mechanisms in different countries can pose additional challenges.

All these challenges can be mitigated by employing IP management strategies and engaging an expert who can navigate through the complexities of the laws and provide a cost-effective solution to the challenges ultimately assisting the company in protecting its IP rights and all rights of all the associated parties.

Solution | Global IP Filing - Hubs & Spoke Model

As we know the world is sinking and companies always look for faster & efficient solutions, well global IP filings is the solution to multiple tedious filing system. Global filing is a strategic and efficient method employed by applicants in managing intellectual property rights, such as patents or trademarks, across multiple countries. Digital space, new-age technologies and interconnectivity has strengthened the global trade, putting the importance of global IP at the center.

In navigating the landscape of global intellectual property (IP) filing, it is imperative for a firm like ours to possess a multifaceted skill set. Firstly, identifying the type of IP to be filed involves a strategic consideration of the product lifecycle, emphasizing utility models where applicable. Simultaneously managing present, short-term, and long-term market dynamics is crucial for an informed decision-making process, whether opting for a design patent, utility patent, or other forms. Recognizing the value of digital marketplaces adds another layer to our advantage.

The quality of the patent application draft plays a pivotal role in maximizing the scope of protection. Our approach involves flexibility, ensuring that the draft is tailored to meet the diverse legal requirements of different jurisdictions. A comprehensive understanding of local IP laws is paramount, especially in a globalized business landscape. As businesses expand globally, our firm aims to exploit the advantages offered by the specific laws and processes of individual jurisdictions, providing a bird’s eye view for strategic planning.

Synchronized prosecution is a key element in our global IP filing strategy. Leveraging global treaties and judiciously deciding on International Searching Authorities (ISA) and International Preliminary Examining Authorities (IPEA) enhance our global reach. We ensure that examination requests are filed at the right time and place, aligning with our goal of strategic and synchronized global IP prosecution.