Strict internal controls, risk assessments and staff education are vital for long-term success in protecting intellectual assets. Equally important is keeping a close eye on the activities of competitors and proactively monitoring for cases of infringement
By Rodney Ryder in New Delhi
Protecting and enforcing intellectual property (IP) rights remains one of the most acute legal challenges facing domestic and international businesses in India.
The goal is clear: for innovators to enjoy a monopoly or near monopoly over the use of intangible assets such as technology, recognizable marks, creative work, knowledge or processes that they have invented or created. The successful protection of these intellectual assets ensures that creators alone reap any economic or strategic benefits that stem from their work.
Furthermore, effective IP protection fosters a culture of creativity and technological advancement by rewarding innovators and therefore stimulating further innovation.
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Rodney Ryder is a partner with FoxMandal Little, where he heads the technology, media and communications law practice. He is an adviser to the Ministry of Communications and Information Technology, the Technology Law Committee of the Indian parliament and the Data Security Council of India.
Mr Ryder can be reached at rodney.ryder@foxmandallittle.com.
Practical protection
Essential elements of an effective IP strategy
• Conduct a strategic review to identify which intellectual assets should be protected and at what cost.
• Assess the potential consequences of any infringement and make contingency plans.
• Seek legal protection for all important IP assets as early in the development process as possible.
• Educate staff about the value of IP and methods of protecting it.
• Establish and maintain a company-wide confidentiality policy. Include confidentiality clauses in all employment contracts and sign non-disclosure agreements with employees and third parties.
• Develop appropriate policies and systems to regulate employees’ use of the internet, particularly web-based email accounts.
• Establish proactive monitoring procedures to identify infringements.
• Observe competitors for evidence of “patent blitzkrieg” or “evergreening”.
• Work in partnership with a good legal adviser to develop a risk management plan that can be used to evaluate the consequences of any infringement and subsequent enforcement action.
• Plan for the worst: Identify appropriate forums for enforcement action and establish guidelines to determine whether and when action should be taken.
• Participate in industry-wide initiatives to foster greater awareness of IP issues in the community at large and promote a culture that values and respects innovation.
