Intellectual Property Protection

The Enforcement Reality

India's IP laws (Patents Act, Trademarks Act) are fully TRIPS compliant. The issue historically has not been the law, but the speed of enforcement in civil courts. However, the establishment of Commercial Courts has significantly accelerated injunctions against IP infringement.

Software Patents

Under Section 3(k) of the Patents Act, a mathematical or business method or a "computer programme per se" is not patentable. Software can only be patented if demonstrated in conjunction with novel hardware, resulting in a "technical advancement."

Trademark Squatting

India follows the "first to use" rather than strictly "first to file" doctrine, but relying on unregistered marks is dangerous. Foreign brands frequently face local entities squatting on their trademarks, requiring costly litigation to prove trans-border reputation.