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IP for Start Ups

BananaIP Counsels > IP for Start Ups

Nature of Business and IP

Intellectual Property

This post was first published on 6th August, 2013.   In the last column, addressing the relevance of IP to business, I pointed out that assessing the value of IP to a business requires a multi-factorial approach. Among others, the nature of business forms one of the fundamental factors for the said analysis. Businesses are of different types, and so are forms of Intellectual Property. Therefore, integrating the two, not surprisingly, requires the right mix and match to maximize value. For an SME, with limited financial resources, the appropriate mix and match assumes very high importance. By now, it is well understood that...

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Simple Steps to Plug IP Drainout

Intellectual Property

This post was first published on 6th August, 2013.   Start-ups and SMEs are often focused on building business and staying afloat in the competitive market that more often than not they miss out on taking simple measures that can go a long way in protecting their IP that forms the crux of their business, from people who deal with it every day. Signing of appropriate employment agreements is one among many such simple steps in safeguarding IP and is extremely important for an organisation. Besides streamlining the human resource management related aspects of the organisation employment agreements provide ownership over employees’ creations...

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Do’s and Don’ts for an Employment Agreement

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Original Date of Publication: November 26th, 2009 Do’s 1. Define the ownership of Intellectual Property created during the term of employment clearly. 2.Clearly state the extent to which IP will be transferred to the employer. 3. Ensure that Employee is obliged to execute all necessary documents and assists the Employer in transferring any Intellectual Property created by him during his employment to the Employer. Also incorporate provisions requiring employee's co-operation with respect to prosecution and litigation. 4. Ensure that Employee is obliged to refrain from using third party Intellectual Property without the permission of the Employer. Incorporate necessary safeguards in case of such a use...

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Do’s and Don’ts for a Non Disclosure Agreement

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Original Date of Publication: November 26th, 2009 Please note that the Do's and Don'ts provided hereunder are broad and non-exhaustive guidelines. Kindly consult a lawyer for specific advise. Do’s 1. Define the meaning of the term Confidential Information to cover all kinds of information that may be disclosed. Exclusions to confidential information may be included within the definition. 2. The purpose for which confidential information is provided must be lucidly stated in the agreement. 3. The parties permitted to access the confidential information must be clearly provided. 4. Ensure that the person receiving the confidential information is under obligation to sign stringent instruments of confidentiality...

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The IP Story of Small Enterprises in India

This image depicts several figures in a business conference. This post talks about SMEs and their opportunities. Click on the image to read the full post.

This post was first published on May 22nd, 2012. Value of IP, notional or real, is well recognized in India today. Thanks to the efforts of the government, many people know about patents and processes related to them. After so many training and awareness programs, one would imagine that small enterprises are IP savvy and their house is in order. Unfortunately, that does not seem to be the case in ninety-nine percent of such entities. On taking a quick peek at these companies, any IP professional with the ordinary understanding of business will note that awareness of IP is limited to patents...

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Choosing the Right IP Name/Business Representation

This post was first published on March 14th, 2013. Name, logo, device or any other form of business representation is generally the first asset created by an entrepreneur. Often entrepreneurs finalize on a name or logo and develop a strong emotional attachment to it. While it is important to be passionate about your business and its representation, every entrepreneur must take the following steps before finalizing on a business representation: a. Ensure that the name or any other representation shortlisted is capable of achieving strong trademark protection. It is well settled under the trademark law that a fanciful (newly coined word) or...

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IP Policy and Process Set Up- Why wait for a wake up call!

The image depicts a warning sign, that reads' Warning. Authorised Personnel Only'. This depicts the idea behind IP protection that gives exclusive rights over the property. This post talks about the benifits of IP protection. Click on the image to read the full post.

First Publication Date: 27th December 2010 Intellectual Property Policy and Process set up is one branch of IP that has long been neglected by a majority of Indian companies especially the SMEs. Most Indian companies come to realize the importance of an IP Policy when they enter into negotiations/business deals/technology transfers with foreign companies or multinationals where the IP hygiene is relatively high. Such a wake-up call comes especially when Indian companies deal with companies from countries where the Intellectual Property laws are very well developed such as Europe, US, Japan, Korea and the like. Companies from these countries do not...

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Department of IT to Support SMEs in International Patent Protection

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First Publication Date: 8th December 2009 Department of Information Technology, MCIT has introduced a scheme, known as SIP-EIT (Support International Patent Protection in Electronics and IT),in order to provide financial support to Small and Medium Enterprises /Technology Start-Up companies for international patent filing in the area of information technology and electronics. International patent filing includes the PCT(Patent Cooperation Treaty) route or direct filing of the application in any country. However, the applicant has to justify his reasons for choosing a particular country. The prosecution costs involved in international patent filings such as attorney fee, professional fee, statutory fee of patent office, examination...

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Intellectual Property for Start Ups and Entrepreneurs

The image depicts a man using his laptop and a 'startup' text in front.

First Publication Date: 25th November 2009 Intellectual Property protection provides business and competitive advantage to a company. While IP is important for all companies, its value for A Start Up Company, especially, a technology or knowledge based company, is very high. In addition to providing business and competitive advantage, IP can play a very important role in enabling a Start Up company to build business relationships, raise funds, face cut throat competition and so on. In the light of the value that can be derived by a Start Up company from IP, its protection and management is very important. Despite the...

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Patent Application Filing Strategy for Individual Inventors

The image depicts the words 'Start Up' with the silhouette of a man jumping as the post is regarding patent filing strategies for startups

First Publication Date: 31st October 2009 More often than not, most of the companies, be it mid size or large, and in some cases even start-ups, seem to have some strategy or the other when it comes to filing patent applications for their invention. These companies would have identified the markets in which they want to protect their invention, and they also would be aware of the various methods of monetizing their invention/patent. More importantly, these companies would be ready to infuse funds to realize their objectives. However, the scenario is not quite the same with individual inventors.The phrase individual inventor...

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