IP Protection in India

03.02.2020 IP Australia

Many Australian businesses are looking to expand into the Indian economy, and it is important that these businesses do everything they can to protect their intellectual property.

The Office of the Controller General of Patents, Designs and Trade Marks is the government body responsible for the administration of patents, trademarks and designs in India. Additionally, the Office is responsible for the registration of geographical indications (GIs).

While the costs of filing, registration and litigation are relatively low in India compared to Australia, court procedures can be comparatively slow, and the process of enforcement can be protracted and lengthy. An address for service in India and a local agent or attorney is generally required when seeking IP registration.

Over the next 20 years, a growing India may want more of Australia's goods and services – including education, agriculture, energy, resources, tourism, healthcare, financial services, infrastructure, science and innovation, and sport. According to the Australian Trade and Investment Commission, Australia has set itself the goal by 2035 to lift India into its top three export markets, to make it the third-largest destination in Asia for Australian outward investment.

If your business is looking to take advantage of the rapidly growing Indian economy and expand into their market it is imperative that you recognise IP registration and protection can be a complex process in India and it is recommended that you seek advice from an IP professional.

See our website to find out more about IP protection in India.

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