In the rush to build and ship, intellectual property is easy to ignore — until an investor’s due diligence, a copycat, or a co-founder dispute makes it urgent. The good news: most IP problems are far cheaper to prevent than to fix. Here is a practical checklist for Indian startups and MSMEs.
1. Clear your name before you commit
Search the IP India trademark database and domain availability before printing business cards. Rebranding after launch is painful and expensive.
2. Register your core trademark
Once a name is clear, file it (Form TM-A) in the classes that fit your business. Recognised startups and MSMEs may qualify for reduced official fees.
3. Lock down domains and handles
Register your primary domain plus obvious variants, and claim matching social handles — cheap insurance against squatters and impersonators.
4. Make sure the company actually owns its IP
By default, work by founders, contractors, and freelancers may not belong to the company without a written assignment. Put IP assignment agreements in place so the business owns its code, designs, and content.
5. Put confidentiality in writing
Use NDAs and confidentiality clauses with everyone who touches sensitive information, to protect trade secrets from day one.
6. Mind patent timing — and the FFL rule
If you have a novel invention, talk to a patent professional before any public disclosure. And if an India-resident inventor is involved, remember the Foreign Filing License requirement before filing abroad. Recognised startups can also benefit from expedited patent examination in India.
7. Respect others’ IP
Audit your fonts, images, code libraries, and content licences. An unlicensed asset — or an open-source library with incompatible terms — can create real liability.
8. Handle AI-assisted work carefully
If you use generative AI for code, copy, or design, document the human authorship behind anything you need to own, and check each tool’s terms.
9. Register key copyrights
Copyright is automatic in India, but registering important works gives you useful evidence of ownership if you ever need to enforce.
10. Keep an IP register
Maintain a simple record of what you own, what is registered where, and renewal dates. Investors will ask — and you will be glad it exists.
The 30-minute version
If you only do three things this week: (1) clear and reserve your name, (2) get IP assignment agreements signed by everyone who builds, and (3) start a one-page IP register.
Need a hand protecting your portfolio? Raise a query with IPVigil.
This article is general educational information and is not legal advice. For your specific situation, consult a qualified IP professional.