Intellectual Property in India: What Investors Must Know | Doing Business in India | Episode 16
GeneralApril 29, 2026
While many foreign investors associate the Indian judicial system with delays, intellectual property enforcement presents a more encouraging story. In India, IP protection is highly time-sensitive, and the longer rights holders wait to secure their position, the more vulnerable their brands, technology, and other valuable assets become.
In this episode of Veyrah Law’s “Doing Business in India” series, we explore the practical realities of protecting and enforcing IP rights in a market broadly aligned with international standards. The discussion goes beyond registration to examine the unique nuances of the Indian landscape, including the importance of early filings and specialist advice before entering the market.
The episode also highlights why obtaining interim relief is often the real commercial victory in IP disputes. Indian courts, particularly in Tier-1 cities, can move with greater urgency in IP matters than in standard commercial disputes, making prompt action and timely injunctions critical to stopping infringement before significant damage occurs.
Keywords
- Patents: Exclusive right to manufacture, use, or sell an invention for 20 years.
- Trade Marks: Exclusive right to use a mark for specific goods or services.
- Copyright: Protection over work that lasts for the author’s lifetime plus 60 years.
- Designs: Protection for the visual or aesthetic appearance of a product.
- Semiconductor Layouts: Protection for the original topography of integrated circuits.
- Trade Mark Squatting: Documented problem where third parties register foreign marks early.
- Evergreening: Attempt to extend patent life through incremental modifications, which Indian law restricts.
- Compulsory Licensing: Regime where a third party can use a patent without the holder’s consent under certain conditions.
- Moral Rights: Nuance of Indian law that includes the right to claim authorship and object to distortions.
- Interim Relief (Injunction): Identified as the primary enforcement strategy and a “commercial victory”.
- Prima Facie Case: One of the three legal tests required to obtain an interim injunction.
- Passing Off: A common law action used to protect unregistered marks based on reputation.
Timestamps
Production Date:
Recorded on 28 March 2026