Software as such is not patentable in India — but software that produces a technical effect or solves a technical problem in combination with hardware can qualify if it meets the requirements of novelty, inventive step, and industrial applicability. The line between patentable and non-patentable software innovation is nuanced, and the drafting of the specification plays a decisive role in whether an application is accepted. We advise on patentability from the earliest stage of development and draft specifications that maximise the prospects of grant.

The answer depends entirely on what your contracts say. Under Indian copyright law, employers own copyright in works created by employees in the course of employment — but this default does not apply to independent contractors, meaning contractor-developed software belongs to the contractor without a written assignment. For patents, even employee-developed inventions require a clear contractual assignment. We conduct IP ownership audits that identify every gap in your assignment chain and put in place the framework needed to ensure your company owns every piece of IP it has paid to create.

Trade secret protection is the primary mechanism for protecting proprietary datasets and algorithms that do not qualify for patent protection. Effective trade secret protection requires demonstrating that the information is genuinely confidential, derives economic value from that confidentiality, and that reasonable steps have been taken to maintain its secrecy — through access controls, NDAs, and internal confidentiality policies. We design comprehensive trade secret frameworks that protect your most valuable data assets through the combination of contractual, technical, and organisational measures the law requires.

Specific performance — a remedy available under the Specific Relief Act, 1963 as amended in 2018 — is a court order compelling a party to perform a contractual obligation, most commonly the obligation to complete the sale or transfer of a property as agreed. Following the 2018 amendment, specific performance is now ordinarily available as of right where a contract for the sale of immoveable property is established. Additional remedies include cancellation of fraudulent or forged documents, injunctions restraining breach or encroachment, recovery of possession, and compensation for losses caused by the breach.

A technology licensing agreement grants another party the right to use your IP under defined conditions. You need one whenever you allow another party to use your technology — through a SaaS subscription, API integration, OEM arrangement, or direct licensing deal — and whenever you use technology owned by another party in your own product. Without a clearly drafted agreement, the scope of permitted use, ownership of derivative works, and your ability to enforce your rights are all legally uncertain. We draft licensing agreements that define every material term with precision.

International trademark protection is most efficiently achieved through the Madrid Protocol — a single international application designating multiple member countries simultaneously, based on an existing home country application. The Madrid system covers over 130 countries and is significantly more cost-efficient than filing individual national applications in each target market. We advise on international trademark strategy, manage the filing process, and handle prosecution in each designated jurisdiction through our network of trusted local counsel.