Essence of every business lies in its planning. We know it as a
'Business Plan'. On a bird's eye view, a business plan
defines the company's objectives for sustenance and growth. A
business plan deals with, amongst other matters, with objectives
such as management, operations and growth of the business. On a
similar framework, the ideal business plan should have a well
defined IP strategy in the similar order, i.e. management,
operations and growth.
Any well defined IP strategy has five basic elements. These
Recognition of the IP
Securing the IP
Registering the IP
Protecting the IP and
Exploiting the IP
The first four elements closely relate to the operations and
management aspect of the business plan, whereas, the last element
exclusively deals with the growth objective of the plan.
IP is created in the organization but is often not recognized.
If not recognized, it can result in severe losses to an
organization, caused by the transference of IP with the movement of
employees. The next concern is the securing of IP, i.e. ownership.
Often business plan needs to incorporate the apt acquisition
strategies of IP created by people it engages with; which is often
not the case and it leads to the loss of IP. Registering the IP is
crucial, since it limits others to use it. Another aspect deals
with the business plan would ideally deal with the protection of
IP, that involves confidentiality, particularly at a point when IP
needs to be disclosed to a third party, outside the organization.
Finally, the important part is the exploitation of IP that is all
the more crucial as it directly impacts the growth of the
Hence, it is important to have a clear defined strategy for each
of the objective in the business plan:
An organization needs to realize the value of the IP created
within. At each step, the management must verify its patentability
and commercial employability
Proper contracts and acquisition strategies therein, must be
defined to acquire IP from the people they engage
Defining the IP filing strategy is also crucial with the
appropriate authorities (Patent and Trademark Offices)
Well defined third party agreements mitigate the risk of
handling confidential IP agreements
Finally, an organization must keep an eye for opportunities to
license and enforce its IP and impact its revenue
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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This article enunciates the recent, much awaited, and landmark judgment delivered on September 16, 2016 by Hon'ble Delhi High Court throwing light on the important provisions of the Copyright Act, 1962.
The Patents Act 1970, along with the Patents Rules 1972, came into force on 20th April 1972, replacing the Indian Patents and Designs Act 1911. The Patents Act was largely based on the recommendations of the Ayyangar Committee Report headed by Justice N. Rajagopala Ayyangar. One of the recommendations was the allowance of only process patents with regard to inventions relating to drugs, medicines, food and chemicals.
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