4 ways to protect your intellectual property in India – Times of India

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Dr. Shweta Singh – CEO, Ennoble IP and a Patent law expert.
Data and information are readily available and accessible online these days and can be shared. Thus, it becomes difficult for people to protect their intellectual property (IP) from piracy and counterfeiting. In today’s world, the protection of data is an utmost priority for everyone, whether an individual or a company.
Why is the IP framework essential?
The 2022 U.S. Chamber International IP Index highlights that an effective IP system encourages innovators and creators to embrace new ideas, take risks, and drive change. However, a weak IP system undermines innovation and creativity. More importantly, the latest technologies, medicines, and creative content worldwide have become more vulnerable to piracy.
The current situation in India
In India, the IP scenario is complicated in many ways. While there is a significant focus on innovation and the promotion of art and culture, protecting these inventions, especially in the creative industry, is relatively weak. As a result, India has improved its IP score by 13% but still ranks 43rd out of 55 countries per the International IP Index 2022.
Let’s take a look at various ways to protect your IP in India:
1. Keep business and trade ideas a secret
Until you adequately secure your IP through a non-disclosure agreement, it is best to avoid discussing it with others. People should be careful whom they trust with their key information. Do not promote any idea in the public domain.
2. Document your concepts and original content in detail
Having detailed drawings, descriptions, plans, and records as proof of your IP will help you protect your work. It will come in handy if someone challenges you as the rightful owner of your trademarks and copyrights. Make sure you have added dates wherever possible because the first use date is critical in IP matters.
3. Apply for a trademark
Companies can protect their core management, research, and development operations through IP rights and registrations. This provides them with a better bargaining position for cross-licensing and counterclaims. In addition, IP rights and registrations pave the way for future market share via technological advancements.
4. Ensure strong access credentials 
Manuscripts, creations, and all ideas should be kept in a secure location protected by an identity and access management system. With compromised credentials accounting for 81% of breaches, it is critical to store IP on a system that employs adaptive authentication with risk analysis, or at the very least, a two-factor authentication. Passwords are no longer an effective means of security.
As an innovator, you must prove your case that the product of your IP is new, novel, and worthy of protection. A patent claims what you own as an innovator and is your proof of infringement in case an impersonator makes counterclaims.
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Views expressed above are the author’s own.
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