Foreign Companies - IP in India

 

Overview

 

For foreign companies, IP protection in India is a key part of India business strategy. Most companies start protecting their IP in India and its neighboring countries, years before they start doing in the sub continent.

 

The patent filing stastics in India are largely dominated by foreign companies with roughly 80% applications originating from abroad.

 

 

Our Services for Foreign Companies

 

 

 

  • Working with Indian subsidiaries of Foreign companies with identifying their IP and filing and protecting IP rights generating out of their Indian subsidiaries

 

  • IP training to corporate employees on IP generation, identifcation and protection around the globe

 

  • Working closely with in house IP teams on several aspects of IP

 

  • Portfolio Management Services (PMS)

 

  • File Management Services for global portfolio (FMS)

 

  • Protection of IP rights

 

  • Advisory on IP rights and enforcement

 

  • Commercialization in India

 

  • Foreign Filing License for Indian inventors

 

  • IP Audits

 

  • Investigations

     

 

Just get in touch with us at info@candcip.in for your requirements and we shall be glad to advise you further.

 

More information on our services is available at Services and Documentation Tab on top of this page

 

 

How to file in India

 

India is a part of key treaties for IP Protection, including:

 

  • PCT - Patent Cooperation Treaty

 

It is possible to file Patent applications in India through the PCT National Phase route and this is certainly a very popular route for patent filing in India. More information on PCT National Phase is available here

 

  • Madrid Protocol - for Trademarks

 

Madrid protocol is a highly popular route for trademark filing in India and is now used by a large number of foreign companies to protect their trademarks in India. As filing through this route ensures timely examination within statutory 18 month deadline, it is certainly helping accelerate examination in India. More information on Madrid Protcol is available here.

 

  • Paris Convention - for Patents, Trademarks and Designs

 

The Paris Convention route for Patents is highly popular with companies looking to get early Grant of Patents. This route offers several benefits to foreign companies:

 

> Quicker Grant - as the Indian application gets early in queue for examination and this leads to much quicker examination and grant (particularly in comparison to the PCT National Phase route.

 

> Lesser burden of Formal Requirements - As the application is examined much earlier than many other foreign countries, this leads to lesser documentation under duty of disclosure and reduction in costs and paperwork relating to foreign prosecution documents.

 

In terms of trademarks and designs as well, the Paris convention helps secure the priority date and is a popular route to protect the priority date in the current globalized scenario where new brands, designs and inventions travel to the other corner of the world almost immedoately close to the launch.

 

 

Enforcement in India

 

Apart from above protection strategies, the enforcement part in India is really positive. With exceptions of a few debated decisions concerning second medical use patents, the enforcemennt for Patent matters has been extremely good with a very high percentage of injunctions.

 

In terms of Trademark enforcement, the Indian courts have repeatedly decided in favour of global brands and have recognized the concept of International use and reputation (even when there is no use or reputation in India).

 

In terms of Copyrights, Microsoft has been very active in enforcement of copyright in software and has very often obtained injunction orders as well as damages. 

 

In terms of Designs, the Indian courts have again been very active in upholding rights of design owners and providing them equitable reliefs.

 

More information on IP enforcement in India is available here.

 

 

 

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