Lawsikho Blog

Intellectual Property (IP) is a cornerstone of creative and commercial endeavours. But since it is intangible in nature, confusion arises regarding ownership and transfer. This article demystifies the process of transferring IP in India, covering all forms of IP. If you are a creator or part of a startup/business, this guide emphasises proactive IP management to safeguard rights and avoid disputes in deals, mergers, or creative collaborations.

Introduction

My friend who runs a design studio called me one day. She told me she was in the middle of signing a deal with a client when the client suddenly asked, “You will be transferring the copyright too, right?” 

My friend paused. “Wait,” she asked me later, “do I still own my designs if I send the final files to the client?” 

That single question unravelled a whole mess about ownership, contracts, and rights neither party had fully thought through.

That is the tricky thing about Intellectual Property (IP). It is not like handing someone your mobile phone. You cannot physically touch it, but ownership can make or break your business relationships, income, legal protections and whatnot. IP is intangible but just as important as any other property. 

So, what exactly is IP? At its core, intellectual property refers to creations of the mind, your logos, brand names, art, writing, software code, product designs, inventions, even the rhyme you wrote for that quirky ad, is your very own creation and therefore your property. 

The law gives you exclusive rights over these intangible creations so that others cannot copy or profit from them without your permission. And if you want to transfer your IP, you can do so! Just like any other property you own. And that happens, clarity over who owns what becomes essential. And if you assume ownership without paperwork to back it up? You could be in for a nasty surprise.

I have seen this play out in multiple ways. An agency that created a killer brand name for a client, only to realise they never transferred the trademark or even a tech startup built around a piece of code written by a freelancer, who still held the copyright. 

When it comes to family businesses, it is fighting over the rights to their late father’s patented invention, which is making the family a ton of money at present. These are not rare stories; they actually happen so much more often than you would think, simply because people assume IP gets transferred automatically, and well, it does not.

So today, through this article, I will tell you all about how ownership of intellectual property is transferred. And this can be through assignment, licensing, inheritance, or business deals. I will show you the legal formalities you need to watch out for and we can even draft an agreement!

By the end, I hope that you will understand not only how IP can be transferred but also how to do it right, whether you are giving away rights, receiving them, or just trying to protect what you have created.

Understanding IP and its ownership

Okay, so before you even think about transferring intellectual property, you need to know who owns it in the first place. You would say, “Hey, this is pretty straightforward because if I created it, I own it, right?” I hate to break it to you, but this is not always the case. The answer depends on what kind of IP it is, how it was created, and under what circumstances.

Let us start with the basics.

What are the types of IP you can own?

In India, the primary categories of intellectual property are:

i. Copyright protects original literary, artistic, musical, and dramatic works. So anything that involves books, films, paintings, blogs, software code, etc, will be covered under copyright.

ii. Trademark is about brand identity. How do you identify a brand and define a brand? A trademark covers names, logos, slogans, and packaging. It protects the distinctiveness of any company or product. 

iii. Patent applies to inventions that are new, non-obvious, and useful. So any new machine or a chemical formula which the market has never seen before. 

iv. Design protects the aesthetic or visual appearance of a product. 

v. Trade secrets are confidential business processes, methods, formulas, or know-how, protected through contracts, not registrations.

How is ownership determined when these are created? 

Who owns IP at creation?

 1. Individual creators

Okay, so if you are an independent creator, say, you wrote a poem, designed an app, or painted an illustration, you are the first owner of that IP.

Under section 17 of the Copyright Act, 1957:

(a) in the case of a literary, dramatic or artistic work made by the author in the course of his employment by the proprietor of a newspaper, magazine or similar periodical under a contract of service or apprenticeship, for the purpose of publication in a newspaper, magazine or similar periodical, the said proprietor shall, in the absence of any agreement to the contrary, be the first owner of the copyright in the work in so far as the copyright relates to the publication of the work in any newspaper, magazine or similar periodical, or to the reproduction of the work for the purpose of its being so published, but in all other respects the author shall be the first owner of the copyright in the work;

So, the author of the work is the first owner of the copyright, unless it falls into a specific exception, and we will get to this in a bit. 

For trademarks, the person or business that files for registration and uses the mark commercially is considered the owner under the Trade Marks Act, 1999. So if you start a business, then you will want to obviously build a brand, and one of the steps for that is to make people identify your brand. So you create logos, names, etc, and you need to trademark them because you must protect your logos and names too!

In the case of patents, the Patents Act 1970 recognises the inventor as the original applicant, unless it is filed in the name of an employer or assignee. Have you come up with something really unique which has never really been seen before? Then that is your cue to get your invention patented as soon as possible!

2. Employers vs employees

It gets a bit tricky here because let us say you work for a company, and you create something as part of your job, who owns it, you or your employer?

For copyright, if you are a salaried employee and you create something in the course of your employment, then your employer is considered the first owner, unless there is an agreement saying otherwise. This is a well-known exception in section 17 of the Copyright Act.

For patents, the situation is not directly spelt out in Indian law, but courts often look at the terms of employment and whether the invention was developed using company resources or during office hours. 

The Patents Act, 1970, does not automatically vest patent rights with employers. The inventor is the first owner, and employer ownership requires assignment agreements, often part of employment contracts, especially if company resources were used. While the inventor is the default owner, implied assignments may arise based on employment terms or use of company resources

For trademarks, there is usually no confusion; the employer or business is the applicant and owner, not the individual employee who came up with the name or logo.

3. Freelancers and consultants

This is where many people slip up. If you hire a freelancer to design a logo or write content, you do not automatically own the IP. The default rule in India is that the creator retains ownership unless there is a written assignment transferring the rights. So let’s say you hire a videographer for your brand, you do not automatically own the video because it was made for you. 

But keep in mind that while freelancers retain copyright by default under section 17 of the Copyright Act, 1957, an implied non-exclusive license may be granted to the client for the purpose of the commission, depending on the agreement and context. But, implied licenses are limited to the purpose of the commission (e.g., using a logo for branding but not modifying it) and depend on factors like payment and intent.

If you are a startup founder or business owner outsourcing creative work, I suggest that you make sure you include a proper assignment clause. Otherwise, the person you hired still holds the rights.

4. Joint ownership

This is also quite a tricky one.

Joint ownership arises when two or more people create a work together, such as say you and your friend co-develop an app or co-author a book. You will both hold rights, but you cannot commercially exploit the IP without the other’s consent, unless there is an agreement to the contrary. And I will give you an extended example and agreement with book rights in a bit. 

There is no single law in India governing joint ownership across all types of IP, so this often ends up being a matter of contract. It is always best to have a written agreement that defines who owns what percentage, who controls licensing decisions, and how profits will be shared, otherwise, things will turn sour and so will your work. 

Modes of IP transfer

Once you have nailed down who owns the intellectual property, the next big question is, how can it be transferred? Just like selling a piece of land or handing over a company, IP too can change hands. But the rules are a bit different, and sometimes a lot more nuanced. Let us break this down together.

There are a few ways IP rights can be transferred, and each has its own implications. I have worked on contracts where clients thought they were assigning IP, but ended up licensing it by mistake, leading to disputes they could have avoided with just a few extra words in the document, which means that you need to make sure you do not fall into that trap.

1. Assignment of IP property

This is the most straightforward mode of transfer where the current owner of IP, who will be the assignor, permanently transfers all or part of their rights to someone else who will be the assignee. You are essentially selling your IP here. 

For example, if you have written a book and you assign your copyright to a publishing house, you no longer own those rights (unless the assignment is limited in scope or time). They can publish, reproduce, or even adapt it into a movie, depending on the terms.

In India, assignments are governed by:

i. Copyright – Sections 18 and 19

ii. Trade Marks – Rule 75 and Form TM-P

iii. Patents – Section 68, and Rule 90 with Form 16

Form TM-P – 

Form 16 – 

What are some of the key requirements for a valid assignment?

• It must be in writing
• It must clearly specify what rights are being transferred
• It should mention the territory and duration
• Consideration must be defined, though nominal consideration is allowed

Consideration is generally required for a binding contract, but assignments without consideration (e.g., gratuitous transfers) are valid if the assignment agreement is duly executed and registered (where required). For example, a copyright assignment as a gift is permissible under section 19, provided it is in writing

As a lawyer, you must know that an email confirmation or handshake deal will just not suffice, but people assume that it will. Without a properly executed assignment agreement, you may retain ownership on paper, even if both parties act otherwise.

2. Licensing

A license is not a transfer of ownership, it is permission to use the IP in a certain way, under certain terms. You still own the IP, you are just allowing someone else to use it.

There are different types of licenses:

• Exclusive – which means that only the licensee can use the IP, even if the licensor is excluded.
• Non-exclusive – The licensor can license the same IP to others.
• Sole – A hybrid, where the licensee and licensor both can use it, but no one else.

This is very common in software, music, and branding. If you developed a tool like AI for business or anything similar and if you want to let others use it for a fee, that is a classic licensing situation.

3. Transmission by operation of law

A transmission happens when IP gets transferred automatically, not through contract, but due to legal events. It happens in cases of the death of the IP owner, and in such a case, the rights will pass to the legal heirs under the Indian Succession Act. It can also happen in cases of insolvency or liquidation, and here IP rights may transfer to a receiver or official liquidator.

In cases of merger or acquisition, the IP assets of one entity become part of another, usually via contract but backed by corporate laws like the Companies Act, 2013.

You would be surprised how often people forget to update IP ownership in registries after a merger. A company I once advised had acquired another firm’s entire tech stack but forgot to record the transfer of copyrights, and it nearly derailed a VC funding round.

4. IP Transfer during M&A and business deals

In big business deals, especially M&A transactions, IP can be a major asset. During due diligence, the acquiring company will comb through ownership records to ensure all trademarks, patents, software code, etc., are properly assigned and registered.

Failure to transfer IP clearly can delay closings, reduce valuation, or even trigger indemnity claims later.

I always recommend that founders and legal teams prepare a full IP schedule, listing all IP assets, their current status, and whether they have been formally transferred or licensed.

5. Assignment vs licensing: A quick note

Let us say you have built a beautiful mobile app. If you assign it, you give up all rights, it is no longer yours. If you license it, you keep ownership but let someone use it, possibly for a fee.

Assignment = one-time transfer
License = ongoing permission

One gives you a lump sum, the other may give you recurring income, and one loses control, the other retains it.

Transferring IP is not just about paperwork, it is about knowing what you are giving away, what you are keeping, and how to protect yourself later. 

What about legal requirements & documentation

Okay, let us say you have made the decision to transfer IP, whether it is assigning a trademark to a buyer or licensing your code to another company. The idea is clear, the parties are aligned, so are you done then? 

Not quite, like I mentioned before, without proper documentation, the transfer is incomplete, and sometimes even invalid. Worse, in a dispute, the courts will not help you unless you have got your paperwork in order.

Let us walk through what a valid IP transfer needs across different types of IP, and what mistakes to avoid along the way.

The assignment deed: Your core document

There is one document you cannot afford to mess up: it is the Assignment Deed. This is your legally binding agreement that says: “I’m transferring this IP to you, under these conditions.”

Whether it is a copyright, patent, or trademark, Indian law requires a written instrument of transfer. Here is what every solid assignment agreement should include:

1. Identification of the parties

You need to clearly name the assignor, who is the current IP owner and the assignee, who will be the new owner. Include full names, addresses, and legal status (individual, company, etc.).

2. Clear description of the IP

You would be shocked how many agreements vaguely say things like “the work” or “the invention.” Be specific. Mention trademark registration numbers, patent application numbers, or attach the actual copyrighted work.

3. Scope of rights transferred

Spell out exactly what rights are being transferred:

• Is it the full IP or limited to certain uses?
• Is the transfer global or restricted to India?
• Are moral rights (in copyright) being waived?

4. Duration and territory

Yes, even assignments can be limited in time or geography. If you are transferring only for 5 years or only within India, say so.

5. Consideration

There must be something of value exchanged, money, equity, or even a token amount. This proves the transfer was not a gift or sham.

6. Signatures and witnesses

Both parties should be signing the document, and ideally, you should have two witnesses (especially for assignments involving copyright or patents). 

Drafting the agreement 

Now you know a lot about IP transfer, and I have stressed the core document, which is the agreement, so let us draft one so you have a better understanding!

I am going to set up a background which will be our base for the agreement so that it will be easier for you to learn and follow. 

Mathew Joseph and Clara Smith are good friends and decided to start writing together during their early days in college. So they became the co-authors and co-owners of a successful fantasy seven-part book series titled “Battle of the Knights.” The series quickly became really popular and garnered a massive national as well as international following. It has also been translated into multiple languages, and has even sparked interest in movie rights and merchandise licensing, which might be happening very soon.

From the beginning, both Mathew and Clara always contributed equally. Mathew took care of developing the plot and characters, while Clara focused on narrative style and world-building. The copyright in the series has been jointly held by both of them since the publication of the first book.

However, since talks of movies have started, Clara found herself losing interest. Clara finally decided to step away from writing and publishing altogether. She now wants to retire from the franchise and transfer all her rights, present and future, in the Battle of the Knights series to her dear friend Mathew Joseph, including the copyright, publishing rights, adaptation rights, and any related intellectual property (such as character names, artwork, etc.).

So now, the following agreement will reflect Clara’s intention to assign her share of the intellectual property to Mathew and will set the terms to ensure the transfer is complete, legally binding, and confidential. I am going to be given an explanation before each clause and section, and this will be in red. 

Before the agreement goes into detail, you need to introduce the parties and give details of the parties. 

THIS AGREEMENT

is made and entered into as of 04.04.2025, BY AND BETWEEN:

1. Clara Smith, an individual residing at 2910, Trichy Road, Coimbatore, Tamil Nadu – 641045, hereinafter referred to as the “Assignor”,

AND

2. Mathew Joseph, an individual residing at 110, M Towers, Avinashi Road, Coimbatore, Tamil Nadu – 641035, hereinafter referred to as the “Assignee.”

The assignor and assignee will be collectively referred to as the “Parties” and individually as a “Party.”

The first thing to establish in an agreement is the definition, so you have to define key terms used throughout the agreement to avoid ambiguity or any sort of confusion. 

1.  DEFINITIONS AND INTERPRETATION

1.1 In this Agreement (including in the recitals herein above or schedules hereto), the following words and expressions shall have, where the context so permits, the following meaning ascribed to them: 

1.1.1. “Work” means the complete book series titled “Battle of the Knights”, including all seven published books, characters, storylines, titles, settings, and any related or derivative works, including outlines, notes, drafts, or unpublished material.

1.1.2 “Intellectual Property” includes, but is not limited to, all rights under copyright law, trademarks, rights of publicity, derivative work rights, publishing rights, merchandising rights, film, TV, and media adaptation rights, and any other proprietary rights in or related to the Work.

1.1.3 “Confidential Information” shall mean and include unpublished material, correspondence, notes, ideas, and any other information relating to the Work or its commercial exploitation not in the public domain.

The next thing you need to do is explain the context and why this agreement is being signed.

2. BACKGROUND.

WHEREAS:

2.1. The Assignor and the Assignee are co-authors and joint copyright holders of the literary series Battle of the Knights

2.2. The Assignor has decided to retire from the franchise and the business of writing;

2.3. The Assignor wishes to transfer all right, title, and interest in the Work and all associated Intellectual Property to the Assignee, who will continue to manage, develop, and exploit the Work;

2.4. The Parties therefore desire to set forth the terms of such assignment and the obligations relating to confidentiality and further assurances.

Now you get into the core area. This is the main clause where Clara gives up all her rights and transfers them to Mathew.

3. ASSIGNMENT OF RIGHTS

3.1. The Assignor shall hereby irrevocably assign, transfer, and convey to the Assignee all her right, title, and interest in and to the Work and all associated Intellectual Property, including:

3.1.1. All copyright and neighbouring rights in the Work;

3.1.2. The exclusive right to publish, sell, license, adapt, and otherwise exploit the Work;

3.1.3. All derivative rights, such as sequels, prequels, spin-offs, character adaptations, and cross-media use;

3.1.4. All rights to negotiate, execute, and receive proceeds from commercial deals, including publishing, film, and merchandising;

3.1.5. All goodwill associated with the Intellectual Property.

3.2. The Assignor shall make no future claims of ownership or authorship, and shall not use, license, reproduce, or otherwise deal with the Work without the written consent of the Assignee.

Here you need to mention that your client will not enforce any control over the work. So, in our case, we need to mention that Clara agrees not to enforce any creative control or attribution rights she might still hold.

4. WAIVER OF MORAL RIGHTS

4.1. The Assignor undertakes to irrevocably waive any and all moral rights, including but not limited to the right of attribution and the right to object to modification or derogatory treatment of the Work.

Next is confidentiality, where you mention that your client will keep all the information safe. So I need to say that Clara agrees not to disclose private information about the Work, its development, or its commercialisation.Keep in mind that moral rights are not easily enforceable, but this is how it would look in your draft.

5.  CONFIDENTIALITY

5.1. The Assignor further undertakes to keep all Confidential Information strictly confidential and not to disclose or use such information for any purpose other than as required under this Agreement, except 

1.  as may be required by law, regulation, or a court of competent jurisdiction;
2. if the information is or becomes part of the public domain through no fault of the Assignor; or
3. with the prior written consent of the Assignee.

5.2. This obligation shall survive the termination of this Agreement and shall continue indefinitely.

Here you need to mention that your client assures the other party that they have no right to assign the IP and that no one else has a claim.

6. REPRESENTATIONS AND WARRANTIES

The Assignor represents and warrants that:

6.1. She is the sole legal and beneficial owner of her share in the Intellectual Property;

6.2. No third party has any claim, lien, or encumbrance on the rights being transferred;
6.3. She has full legal capacity and authority to enter into this Agreement.

The Assignee represents and warrants that he has full authority to receive the rights and assume the obligations hereunder.

You need to add this clause because this ensures neither party is considered an employee, agent, or partner of the other.

7. NO EMPLOYMENT OR AGENCY RELATIONSHIP

7.1. Nothing in this Agreement shall be construed as creating a partnership, joint venture, employment, or agency relationship between the Parties.

Here, Clara agrees to help Mathew with any paperwork needed later to perfect the transfer.

8. FURTHER ASSURANCES

8.1. The Assignor agrees to execute all further documents and do all further acts as may be necessary to fully vest all rights in the Assignee.

Here you need to mention that your client will return all the physical or digital work that might be in their possession. 

9. RETURN OF MATERIALS

Upon execution of this Agreement, the Assignor shall return to the Assignee all notes, drafts, outlines, correspondence, and other materials related to the Work in her possession.

This is an important clause because if Clara breaches the agreement, then legal remedies will be sought. 

10. INJUNCTIVE RELIEF

The Assignor agrees that any breach of this Agreement may cause irreparable harm and that the Assignee shall be entitled to injunctive relief in addition to legal remedies.

This clause sets out whether Mathew is paying Clara for the rights or if it is a voluntary assignment. Since Mathew and Clara agreed on royalty payments, we need to include that to allow Clara to keep earning royalties from the existing/published material.

11. CONSIDERATION

In consideration of the assignment, the Assignee shall pay the Assignor a payment of ____, receipt of which is hereby acknowledged.

11.1. Along with the payment, the Parties acknowledge and agree that the Assignor shall continue to receive any and all royalty payments or revenue shares to which she is contractually entitled as a co-author for the seven (7) published books in the Battle of the Knights series.

11.2. This shall include publishing royalties under existing publishing agreements, merchandising revenue derived from said published books, film/TV adaptation revenue, if based solely on the original seven works created during her co-authorship.

11.3. The Assignee agrees not to interfere with or dispute such entitlements. However, all royalties and revenue derived from sequels, spin-offs, derivative works, or new adaptations developed or licensed after the Effective Date shall belong solely to the Assignee.

This clause will define how long the agreement lasts and confirms that the assignment is permanent.

12. TERM AND TERMINATION

This Agreement shall take effect upon execution and shall remain in force indefinitely. The assignment of Intellectual Property is permanent and irrevocable.

Next, the governing clause states which country’s laws apply in case of a dispute.

13.  GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of India, and the Parties submit to the exclusive jurisdiction of the courts located therein.

This basically states that everything agreed upon is written here, and that means there are no side deals.

14. DISPUTE RESOLUTION

14.1. In the event of any dispute or difference arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, the parties shall first attempt to resolve the dispute amicably through good faith negotiations. If such efforts fail, the dispute shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996 (as amended).

14.2 The arbitration shall be conducted by a sole arbitrator mutually appointed by the Parties. The seat and venue of arbitration shall be ___(city), India. The language of arbitration shall be English. The arbitral award shall be final and binding on the Parties.

15. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the Parties and supersedes all prior understandings or agreements, written or oral, relating to the subject matter herein.

There are instances where parties will want to make changes, so better to put that clause down as well. 

16. AMENDMENT

This Agreement may only be amended by a written instrument signed by both Parties.

What happens if it is found that one clause is wrong? Will the entire agreement be valid or not? It is better to mention that and put it in the agreement. 

17. SEVERABILITY

If any provision of this Agreement is held to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.

And lastly, this clause is added because it allows signing the agreement in parts or electronically.

18.  COUNTERPARTS & ELECTRONIC SIGNATURES

This Agreement may be executed in counterparts, each of which shall be deemed an original. Electronic signatures shall have the same legal effect as handwritten signatures.

19. SIGNATURES

IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first written above.

_____________________________
Clara Smith

(Assignor)_________________________

 Mathew Joseph

(Assignee)

A word on stamp duty and notarisation.

Stamp duty is governed by the Indian Stamp Act, 1899, and state-specific stamp laws. 

In India, assignment agreements may attract stamp duty, depending on the state. For example, Maharashtra and Delhi have different rates, so your rates might differ. Always check local laws, and do not forget notarisation because it adds authenticity and avoids disputes over forged signatures

Getting the documentation right is not about bureaucracy, it is about future-proofing your work. If you have created something valuable or you are acquiring something you plan to build on, the last thing you want is for the deal to fall apart because the agreement was vague, unregistered, or missing key clauses.

Practical considerations & common pitfalls

You have figured out ownership, nailed down the transfer type, and even drafted the paperwork. You are good to go, right? Well, not quite. Because in the real world, outside of statutes and perfectly worded agreements, things go sideways fast. People forget to register, IP gets co-created without clarity, and somewhere down the line, someone says, “Wait… who actually owns this?”

So let me walk you through some of the common traps I have seen in IP transfers, and how to dodge them like a pro.

1. Assuming hiring someone = owning their work

This is probably the biggest one. You hire a designer to create your logo. You pay them well. Naturally, you assume you own the logo, right?

Nope. Under Indian law (and most IP regimes), unless there is a written assignment, the creator retains copyright. Always. Paying someone does not equal ownership.

If you are working with freelancers or agencies, make sure the contract clearly assigns all IP rights to you. Even better, make that clause survive termination of the agreement.

2. Not recording the transfer

A beautifully drafted assignment agreement that lives in your Dropbox folder does not help when you need to prove ownership to a third party.

In India, registries matter:

• Trademark assignments should be recorded with the Trademark Registry.
• Patent and design assignments must be filed with the Controller.
• Copyright assignments are not mandatory to register, but it is highly advisable.

I have seen startups lose funding opportunities or delay product launches simply because they did not record IP transfers, and the due diligence team flagged it.

3. Forgetting that joint ownership exists

A friend helps you code a part of your app, or two founders brainstorm the brand name together. Months later, the business scales… and then comes the legal fight over who owns what.

When IP is created by multiple people, joint ownership can arise by default, and that creates its own issues:

• You may not be able to commercialise the IP without consent from the other owner.
• You cannot assign 100% rights to someone else unless the other party agrees.

So, before the lines blur, have a written agreement on who owns what, even if it is your co-founder or college roommate.

4. Using generic clauses in contracts

I have seen so many NDAs and consultant agreements with a single vague line like, “All IP created will belong to the company.”

That will not cut it.

Your contract should specify:

• What constitutes “IP”
• Whether it includes derivative works
• Whether it is pre-existing IP or only newly created
• What happens post-termination

The more specific you are, the fewer headaches you will have later.

5. Licensing by accident

Sometimes, you think you are assigning IP, but the contract actually gives off the vibe of a license. Maybe the language is too soft (“granting the right to use”) or the agreement does not mention exclusivity or irrevocability.

Assignment = transfer of ownership.
License = permission to use, but not own.

If you are assigning, say it loud and clear in the agreement: “The assignor hereby transfers all right, title, and interest…”

6. Ignoring moral rights in creative work

Let us say you have bought a painting or commissioned an illustration. You paid for it, and the copyright is assigned to you. But the artist still has moral rights under Indian copyright law, namely:

• The right to be credited
• The right to object to distortion or mutilation

You cannot erase someone’s name from a film or modify their artwork without risking a lawsuit under section 57 of the Copyright Act, 1957.

So if you want to fully control how the work is used or adapted, you need a waiver of moral rights, too. But keep in mind that a moral rights waiver is legally uncertain. Under section 57 of the Copyright Act, 1957, moral rights (right of attribution and integrity) are inalienable and cannot be fully waived. While contractual waivers are sometimes included, their enforceability is questionable,

7. Not updating IP ownership in public databases

Even after the paperwork and registration, there is one more step: update your public-facing presence. That includes:

• Your company website
• Licensing terms on your software/product
• Contact info in WHOIS or domain databases

It is not just about looking professional, it is about creating a paper trail that shows clear ownership in case of future enforcement or investor scrutiny.

8. Missing deadlines

Under patent law in India, assignment of a granted patent must be recorded within 6 months (section 69 of the Patents Act). Miss this? You might still be the assignee contractually, but you cannot enforce your rights until the record is corrected, and that delay can hurt.

The six-month period for recording patent assignments can be extended with the Controller’s approval, subject to additional fees or justification.

9. Overlooking IP in M&A or founders’ exit

A common M&A horror story: a founder exits the company and years later, claims they still own the logo or the app code. And they can, if the IP was not formally transferred to the company and recorded.

When founders leave, investors come in, or businesses merge, make IP due diligence a priority. Do confirm that everything created in the past has been assigned properly.

In short, the devil is always in the details, and in IP, those details are often buried in outdated contracts, missing filings, and unspoken assumptions.

Final thoughts

I have learned, sometimes the hard way, that IP is not just a technical legal concept. It is your brand, your product, your creative output, your legacy. And in the chaos of hiring creatives, closing deals, or launching startups, it is easy to push IP paperwork to the bottom of the to-do list.

But trust me, getting your IP ownership sorted before things get big or messy is one of the smartest legal moves you can make. No investor, client, or collaborator likes uncertainty, and unclear IP is a red flag in every deal.

So, next time you are dealing with IP, ask yourself: Is the ownership clean? Is it clear? Is it properly transferred? If yes, you are good to go. If not, now you know where to start.