FAQs

You can protect your startup’s intellectual property by filing for trademarks (for brand names and logos), patents (for innovative products or processes), copyrights (for creative works), and trade secrets (for confidential business information). Working with an IP lawyer helps ensure you register and enforce your rights to safeguard your competitive advantage.

Intellectual Property protection ensures your innovations, brand, and creative works are safeguarded from unauthorized use. This

1. Enhances your business’s reputation and credibility.
2. Increases the value of your assets and attracts investors.
3. Builds trust with customers by offering unique, quality-assured products or services.

Absolutely. IP can generate revenue through:

1. Licensing your patents, trademarks, or copyrights to other businesses.
2. Franchising opportunities for expanding your business
3. Royalties from your creative works.
4. Selling your IP as a business asset.

In India, the following works are eligible for copyright protection:

• Literary works (books, scripts, blogs, etc.)
• Artistic works (paintings, photographs, designs, etc.)
• Musical works (songs, compositions)
• Cinematographic films (movies, documentaries, etc.)
• Sound recordings
• Software and computer programs

In India, the following types of marks can be registered as a trademark:

• Word Marks: Any word or combination of words, letters, or numbers (e.g., "Apple").
• Logo/Device Marks: Graphic or stylized symbols (e.g., Nike's Swoosh).
• Sound Marks: A distinctive sound that identifies a brand (e.g., the sound of an NBC chime).
• Color Marks: Specific colors associated with a brand (e.g., Cadbury’s purple).
• Shape Marks: The shape or packaging of a product that distinguishes it (e.g., the Coca-Cola bottle).
• Trade Dress: The overall look and feel of a product's packaging and appearance.
• Slogan Marks: Phrases or catchphrases used to represent a brand (e.g., "Just Do It").
• Collective Marks: Used to distinguish goods/services of members of an association or organization.
• Certification Marks: Used to show that goods or services meet specific standards.

• ™: Indicates a pending trademark application or an unregistered trademark.
• ®: Indicates a trademark that has been officially registered.

An invention that is new, involves an inventive step, and is capable of industrial application can be patented. However, it must not fall under non-patentable categories defined in Sections 3 and 4 of the Patents Act.

The following types of designs can be protected:

• Shape and Configuration: The form and structure of an object, such as the design of a car, bottle, or furniture
• Pattern: The arrangement of motifs, lines, or other features on a surface, such as wallpaper, fabric, or tiles.
• Ornamentation:Decorative elements applied to an article, like jewelry designs, embroidery, or graphic art on a product.
• Combination of Elements:A unique combination of shapes, patterns, and colors applied to an article, like clothing designs or footwear.

Design protection under this Act can cover the aesthetic features of products but does not cover functional or technical aspects.

While an NDA is crucial for protecting confidentiality, it is not enough to commence a business transaction or formal partnership. An NDA typically covers the following:

• The obligation of confidentiality
• The duration of the confidentiality obligation
• What information is considered confidential

However, an NDA does not define the terms of the business transaction, the roles and responsibilities of each party, or any financial agreements. You will need additional agreements like:

• Memorandum of Understanding (MoU) or Term Sheet: These outline the broad terms of the agreement before a detailed contract is finalized.
• Partnership Agreement or Shareholders’ Agreement: These define the business structure, profit-sharing, responsibilities, and dispute resolution mechanisms.
• Contractual Agreements: To govern specific details of the business, such as supply chains, product development, or service agreements.

If a contract is not in writing, it can still be legally binding if there is clear evidence of an agreement, such as verbal agreements or actions. However, written contracts offer better clarity and enforceability, especially in case of disputes.

The non-breaching party can seek compensatory damages, specific performance (forcing the breaching party to fulfill the contract), or termination of the contract along with restitution to return any benefits received.

No, changes to a contract generally require the consent of all parties involved. A unilateral modification is not enforceable unless the contract specifically allows it (e.g., a clause allowing unilateral amendments).

A commercial contract can be terminated by mutual agreement, fulfillment of all obligations, or by invoking a termination clause in the contract. If there’s a breach, the non-breaching party can also terminate the contract with proper notice as per the terms of the contract.

Common corporate structures include sole proprietorships, partnerships, limited liability companies (LLCs), and corporations. The choice depends on factors like liability protection, tax implications, and the number of owners. A corporate lawyer can help determine the best structure for your business goals and risks.

Key elements of corporate governance include a transparent structure, a strong board of directors, clear shareholder rights, ethical decision-making processes, and robust internal controls. These practices ensure accountability, build trust with stakeholders, and help companies comply with legal and regulatory standards.

Legal requirements for hiring employees include creating employment contracts, complying with labor laws, paying statutory benefits (Provident Fund, Gratuity, etc.), and following taxation regulations (TDS on salary, etc.). It’s important to comply with labour laws to avoid legal disputes and protect both the business and its employees.

While ideas alone can’t be protected, you can safeguard the execution and expression of those ideas through copyrights, patents, or trade secrets. Non-disclosure agreements (NDAs) are also useful when sharing business ideas with potential partners or investors.

To avoid personal liability for business debts, choose a limited liability business structure, such as an LLP or a registered Company, where the business is treated as a separate legal entity. Avoid personal guarantees and ensure proper business documentation is maintained to protect your personal assets.

In India, it cannot be termed or treated as a "bond," but an employment agreement can include certain fair conditions to ensure employee retention. The agreement must meet the following requirements:

• Reasonable Duration: The terms should be fair, with a duration that is not excessively long.
• Valid Consideration: The agreement must involve a valid exchange, such as training or resources provided by the company.
• Clear Terms: Conditions should be clearly written and mutually agreed upon by both parties.
• Fair Penalties: Any penalties for breach should be reasonable and related to actual costs incurred by the company.
• Enforceability: The conditions must be fair and not oppressive, as courts may not enforce overly harsh terms.

This approach helps ensure the agreement is both legal and enforceable.