WHAT IS A STARTUP?
Earlier this year, the Government of India announced the much awaited ‘Startup India’ initiative for creating a conducive environment for the inception and continuance of startups in India. Various Ministries have initiated a number of activities for this purpose. To bring uniformity in the identified enterprises, an entity shall be considered as a ‘startup’ under the following circumstances –
- a) It will be a startup till up to five years from the date of its incorporation/registration,
- b) If its turnover for any of the financial years has not exceeded Rupees 25 crore, and
- c) It is working towards innovation, development, deployment or commercialization of new products, processes or services driven by technology or intellectual property; Provided that any such entity formed by splitting up or reconstruction of a business already in existence shall not be considered a startup.
As a developing number of individuals begin their own particular startups, they need to comprehend the nuts and bolts of different matters which will influence their business. One territory that should be comprehended by business visionaries is intellectual property (IP).IP for Startups incorporates patents, trademarks, copyrights and many others.
INTELLECTUAL PROPERTY AND STARTUP
An expansive bit of your advantage in competition and your potential esteem to speculators is the size and clarity of your IP startup portfolio. Some items which have to be referred to before you start funding:
- The first thing which becomes a part of your intellectual property is the company name.
- There should be one internet domain name created apart from the company name.
- Protection through Patents which include innovations and novelty.
- Protection through Copyright which includes some written materials, music created by them and many other things.
- Protection through trademark which gives protection to a name, logo or symbol used by the startup.
- Trade secrets which are used by companies to develop their business which should not be shared with anyone.
- Protection given to business plans.
Dealing with these regularly neglected legal methodology guarantees better organization survival rates and shields organizations from suing or be sued for stolen works, stock, or logos. Dealing with these legalities can be dubious, tedious, and an exorbitant method. However, recall that, you need to burn through cash to profit, be effective, and remain out of court! In this way, however these procedures may make you feel the need to surrender through and through, recall that your startup will be steadier once you have made these strides and realized why they are so important.
HOW COPYRIGHT IS BENEFICIAL?
Copyright is a critical property of the proprietor. Copyright ensures organizations, writers, authors, programming engineers, specialists, fashioners, planners, artists, computer programmers, software developers and media houses to secure their manifestations like programming, web content, books, recordings, craftsmanship, movies, tunes from copycats. A copyright is acquired naturally by the creator when some inventive type of expression is settled in a tangible medium. Today, robbery and literary theft are more pervasive than any other time in recent memory. Registering your copyright with the Copyright Office is not an essential for copyright security. Although, registration sets up an assumption of ownership and may protect the creator from statutory infringements and lawyer’s charges in litigation. No less than, a legitimate copyright notice ought to be joined to all unique artistic or imaginative works. There are few benefits of copyright protection:
- Ownership notice: Your work will be distributed in the Copyright Office’s Catalog and will be searchable to the society at large. Anyone considering utilizing this work will have the capacity to inquiry this Catalog and see that your work is secured.This gives valuable notice to people in general that you possess the work and vanquish cases of infringement. Thus in short the public gets to know that you own the work.
- Protects against copycats: No one will set out to duplicate your substance and plans once it is copyrighted. The copyright law gives solid discipline and substantial punishments to the individuals who encroach or abuse the copyrighted substance. Further, providing a protection against people bringing in the infringed copies in India.
- Proving Credibility in the market: Individuals will seek the uniqueness of the work and not a mere duplicate from anyplace and neither can any other individual duplicate the substance. Renders economic benefits to the creator of the work by which they can exercise control over their creation and commercialize it..
- An important asset: Inventiveness and advancement is fundamental component of business development and securing that innovation is done through copyright. It provides encouragement and protection for creation of new works and in absence of this anyone could take advantage of your labor and intellectual capabilities that you have put into your work.
- Spreading of business: Copyright can be authorized and sold for cost under permitted licensing and / or through assigning and it is the major source through which film industry is promoted and publications are done.
- Helps to bring legal action: With registration of copyright you can bring a suit of civil nature against an infringing party. This legal action has to be taken within 3 years as per the Limitation Act 1963, presenting all the facts and circumstances. Criminal proceedings can also be instituted simultaneously.
- The copyright legislation recognized two forms of rights that can be extended to protect an author’s original work viz. Economic and Moral. Economic rights on one hand protect the author from any kind of economic exploitation of his work whereas, the moral rights guarantee the author’s integrity in a work and protect his paternity over the work even if the work is licensed or assigned.
- These copyrighted works can be used, reused, sold and reproduced, imported or exported in whole or part, creation of derivative works, and the owner can pass on the rights to another person.