By Adv. K J Muhammed Aslam · Advocate, Ernakulam (Bar Council of Kerala)
Intellectual property for technology businesses layers four rights — patents for inventions, copyright for expression, trademarks for brands, secrets for know-how — held together by assignment and licensing contracts. This hub orders the IPR series from subsistence through prosecution to enforcement and contracting. It is general information, not legal advice.
How do the four rights divide startup assets?
| Asset | Right | Entry guide |
|---|---|---|
| Technical invention with effect | Patent (Section 3(k) strategy) | Patent CRI guide and filing process |
| Codebase and content | Copyright (automatic + registration) | Software copyright and registration Form XIV |
| Name, logo, trade dress | Trademark (prosecution + enforcement) | Registration and opposition and online infringement with INDRP |
| Undisclosed know-how | Trade secrets (contracts + controls) | Trade secrets and NDAs |
What contracts complete the stack?
Founder and freelancer assignments with Section 19 particulars, SaaS subscriptions with SLA, liability, data, and exit schedules (SaaS and freelancer IP), processor agreements with DPIA discipline for data-heavy products, and open-source hygiene gates.
How do enforcement and licensing monetise the stack?
Infringement suits with interim injunctions, domain recovery through INDRP and UDRP, marketplace and IT Rules takedowns, and passing-off for unregistered marks enforce the stack — while licensing with royalty, territory, and quality-control terms, assignment recording, and open-source compliance monetise it without leakage.
What is the SME sequencing — what first, what later?
Assignments and ownership cleanup first, trademark prosecution alongside product launch, copyright registration at release milestones, patent evaluation before public disclosure, and secrets programmes with every hiring wave — ordered by irreversibility, since disclosed inventions and unassigned code cannot be recovered later at any cost.
Primary sources
- Patents Act, 1970; Copyright Act, 1957; Trade Marks Act, 1999 (India Code)
- CRI Guidelines 2025 (CGPDTM) (confirm current practice)
- Copyright and Trade Marks registries — e-filing and manuals (confirm live schedules)
General information — not legal advice. Office at High Court Junction, Ernakulam; practice before the High Court of Kerala.
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