Intellectual Property in Technology
Intellectual property (IP) is often among the most valuable assets of a technology company. Protecting software, brands, databases, and proprietary processes through appropriate legal mechanisms — and enforcing those rights when infringed — is central to sustaining a competitive advantage in the digital economy.
Forms of IP Protection in Technology
Copyright
Software (source code and object code) is protected as a literary work under the Copyright Act, 1957. Copyright arises automatically upon creation and subsists for the lifetime of the author plus 60 years. Key rights include reproduction, distribution, communication to the public, and adaptation. Databases may also attract copyright protection where they involve original selection or arrangement of contents.
Trade Marks
Brand names, logos, and product names of technology products and services may be registered as trade marks under the Trade Marks Act, 1999. Registration provides the owner with the exclusive right to use the mark in connection with the registered goods or services. Domain name disputes and social media handle conflicts also raise trade mark considerations.
Patents
Inventions that are new, non-obvious, and industrially applicable may be protected by patents under the Patents Act, 1970. As noted, software “per se” is excluded from patentability, but software-related inventions with a technical character may be patentable. Patents relating to semiconductor layouts, biotechnology, and technical processes may be relevant for deep-tech companies.
Trade Secrets
Confidential business information — including algorithms, model weights, customer data, source code, and business processes — may be protected as trade secrets through contractual confidentiality obligations and equitable remedies. India does not have a standalone trade secrets statute, but protection is available through contract law and the equitable doctrine of breach of confidence.
Key Areas of Practice
IP Strategy and Portfolio Management
Advising technology companies on structuring their IP portfolio, determining which assets merit formal registration, and building a coherent IP strategy aligned with business objectives.
IP Due Diligence
Conducting IP due diligence for mergers, acquisitions, investments, and technology transactions — examining ownership of IP assets, freedom to operate, open source licence compliance, and potential infringement risks.
IP Licensing
Drafting, reviewing, and negotiating IP licence agreements, including exclusive and non-exclusive licences, royalty structures, sublicensing rights, and quality control obligations for trade mark licences.
IP Enforcement and Disputes
Advising on enforcement of IP rights including copyright infringement claims, trade mark opposition and cancellation proceedings before the Trade Marks Registry, domain name disputes under the .IN Domain Name Dispute Resolution Policy and UDRP, and trade secret misappropriation claims.
Frequently Asked Questions
Does my company automatically own the IP created by its employees?
Under the Copyright Act, 1957, where a work is created by an author in the course of their employment under a contract of service or apprenticeship, the employer is the first owner of copyright unless there is an agreement to the contrary. However, this applies specifically to works made in the course of employment. For work done outside the scope of employment, the employee may retain ownership. Patent rights arising from employment inventions require a specific contractual assignment to vest in the employer.
How do I protect my software in India?
Software is protected by copyright in India from the moment of creation — registration is not mandatory but provides evidentiary advantages. Registration of software with the Copyright Office is relatively straightforward. For broader protection, trade mark registration of the product name and logo, patent filing for patentable inventions (if any), and robust confidentiality agreements for employees and contractors together form a comprehensive protection strategy.
What remedies are available for software piracy?
Remedies for copyright infringement in India include civil remedies (injunction, damages or account of profits, delivery up of infringing copies) and criminal remedies (prosecution under Section 63 of the Copyright Act, which provides for imprisonment and fine). Anton Piller orders (search and seizure) may be available in appropriate cases through the civil courts.