So, you have made an innovative product that is worth significantly. Now, how do you protect it from getting replicated by your competitors? You are the brand manager of flipkart.com how do you prevent somebody else registering the website flipkart.org? You have written top quality software, how do you protect others from copying it? This is where patents, trademark and copyright protections come to your help. India has been a reluctant starter in this field, but in 1995 under pressure from the US and the World Trade Organization India enacted its first set of Intellectual Property laws. However, India had a copyright law since 1950s that protected software and creative work.

Government of India’s Controller General of Patents, Designs and Trademarks is the main agency for intellectual property protection in India. There are 4 main categories of IP that is relevant to entrepreneurs.

1. Patents

Patents protect inventions – usually an industrial product. The product must be novel, non-obvious and must have some valid industrial application. India’s patent protections usually extend for 20 years. Read more on Patents here and here. Patent applications are complicated and it is advisable to use a good lawyer for filing. Here are the list of approved patent agents in India. You can search the list of patents issued by the India’s patent office.

2. Industrial Design

Industrial designs are applicable for a unique shape, configuration or pattern of an article. Read more about the Industrial design protection here. The 10 step guide to industrial design application is here.

3. Trademark

Trademark protects a brand from being misused by copycats. In India, a brand can protect its name, its logo, artistic form, packaging and prevent somebody from registering another brand that sounds or written similar to an existing brand. You can begin your trademark registration by using the Government of India’s trademark search tool. It costs about Rs. 2500 to apply for the TradeMark though it is advisable to use the services of a lawyer for this. Once your trademark registration is approved you put a (R) next to your brand.

Read more about trademark search and registration here and here

4. Copyrights

Copyrights protect a form of expression – code, book, music, movie, etc. It doesn’t protect the idea (for example an algorithm or plot that is associated with the code or novel) nor the title/name of the book (that is protected by Trademark). Copyright protections are automatic right when the work is done, though explicity protection can be obtained to strengthen the author’s case in a court of law. You can e-file a copyright application at India’s copyright office here. Read a report on state of India’s copyright laws related to software