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Practice area 5 of 13

Intellectual Property
under Indian law.

IP work in an Indian commercial practice is mostly contractual: who owns what the contractor built, what survives termination, and whether the licence grant is broad enough for the product you shipped. LexVio's benchmarked corpus carries market-standard IP-ownership clauses for both SaaS and employment agreements, the NDA generator ships an IP-heavy template, and the seeded statute library covers the Trade Marks Act, 1999 for the registration and infringement tests.

Last reviewed: 19 August 2026 · every citation on this page names the dataset it came from

What's in this hub
  • 3governing provisions
  • 8product capabilities
  • 2free tools
  • 1limitation periods
  • 2free templates
  • 4audiences
Assembled from what LexVio actually ships. Nothing here is a roadmap item.
What this area covers

Two of the three IP questions in a normal Indian commercial matter are answered by the contract, not the statute. Who owns work product created by an employee or a contractor is settled by the IP-assignment clause; what the customer may do with the vendor's platform, feedback and deliverables is settled by the IP-ownership and licence clauses. LexVio's benchmarking corpus carries market-standard IP-ownership positions for SaaS subscription agreements and for employment agreements, and the free employment agreement and founders' agreement templates both include IP assignment.

The third question — is this mark registrable, and is that use an infringement — is statutory. Section 11 of the Trade Marks Act, 1999 sets the relative grounds for refusal: a mark cannot be registered where it is identical or similar to an earlier trade mark and the goods or services are identical or similar. Section 29 defines infringement as use, in the course of trade, of a mark identical or deceptively similar to a registered trade mark. For copyright, Article 88 of the Limitation Act, 1963 gives three years to sue for compensation for infringement.

What this hub does not have. This is one of the thinner hubs on the site, and deliberately so. LexVio's seeded statute library contains exactly one IP statute — the Trade Marks Act, 1999. The Patents Act, 1970, the Copyright Act, 1957 and the Designs Act, 2000 are not in it, so no section of theirs is cited here. What LexVio does carry for IP is contractual: benchmarked IP-ownership clauses for SaaS and employment agreements, an IP-heavy NDA template, and IP assignment inside the free employment and founders' agreements.

Indian law that governs this

The provisions, with their section numbers.

Each row names the dataset it was taken from — the seeded statute library, the compliance calendar's own statutory reference, the bare Limitation Act, or the DPDP research set. Nothing here was written from memory.

Act
Provision
What it says
Source
The Trade Marks Act, 1999
s.11
Relative grounds for refusal of registration
A mark cannot be registered where it is identical or similar to an earlier trade mark and the goods or services are identical or similar.
Statute library
The Trade Marks Act, 1999
s.29
Infringement of registered trade marks
Use in the course of trade of a mark identical or deceptively similar to a registered trade mark constitutes infringement.
Statute library
The Limitation Act, 1963
Art. 88
Compensation for infringing copyright or any other exclusive privilege
Three years, from the date of the infringement.
Limitation Act dataset
Free, no login

Tools that apply to this work.

Each runs in your browser. Nothing is uploaded anywhere, and none of them needs an account.

Free tool
NDA Generator

Indian-law NDA in five templates — mutual, one-way, employment, vendor and IP-heavy.

Open tool →
Free tool
Free Contract Templates

India-first templates, free to copy, modify and use commercially, without attribution.

Open tool →
Deadlines that end the claim

Limitation periods that bite here.

Quoted from the India Code bare Act. The period is only half the answer — the third column of the Schedule, the point from which time begins to run, is what actually decides the date. Each entry sets both out.

Art. 88
Copyright infringement compensation

Three years.

Drafting starting points

Free templates for this area.

Free to copy, modify and use commercially, without attribution. They are starting points, not advice — have a qualified advocate or company secretary review anything before you sign it.

Employment / HR
Employment Agreement (India) — Standard

India-compliant employment agreement aligned to the labour codes, with confidentiality, IP assignment and a non-solicit drafted against Section 27 of the Indian Contract Act.

Corporate / Founders
Founders' Agreement — India

Equity split, vesting and cliff, roles and decision-making, IP assignment, and what happens when a founder leaves.

Inside LexVio

The capabilities that do this work.

Every one of these is a real feature page with its own status — Live, Beta or Soon. If it says Beta, it is in beta.

CapabilityLive
Contract scanner

Three-tier extraction cascade so PDF, DOCX, and scanned bilingual contracts all work.

CapabilityLive
Clause-level risk scoring

Red, amber, or green for every clause, with an explanation and confidence score.

CapabilityLive
Nexus — Clause coverage map

See which clauses are present, missing, or non-standard across your portfolio.

CapabilityLive
Indian court research corpus

Judgments from SC, High Courts, NCLT, ITAT, CCI, DRT, and CESTAT.

CapabilityLive
Citation graph

See how cases cite each other — trace a doctrine forward and back.

CapabilityLive
Vio — Ask any document

Conversational Q&A over a single contract or matter with cited answers.

CapabilityLive
Contract template library

India-tailored starting drafts for NDAs, MSAs, employment, SAFE notes, and more.

CapabilityLive
Fix suggestions

AI-generated replacement language for every flagged clause.

Where it lives

The modules this area draws on.

Module
Legal AI

Contract review, AI redlining, court research, fix suggestions and the Legal Health Score.

Who this is for

The people who do intellectual property work.

Audience
Founders

Stop signing investor docs you don't fully understand.

Audience
Agencies

MSAs, SOWs and retainers — reviewed in seconds.

Audience
Advocates

Court research in seconds. Drafts in minutes.

Audience
Law Firms

Deliver more client work with white-label AI.

Questions

Intellectual Property — the questions people actually ask.

Does LexVio do trade mark searches or patent prosecution?

No. It does not file, prosecute or search registries. What it does is read the documents around IP — assignment and licence clauses in contracts, IP-ownership positions benchmarked against a market-standard corpus for SaaS and employment agreements — and give you the Indian court research corpus and citation graph for the case law around ss.11 and 29 of the Trade Marks Act, 1999.

How do I make sure a contractor's work product belongs to my company?

By an express assignment clause, not by assumption. LexVio's clause-coverage map shows which clauses are present, missing or non-standard across a portfolio, so a set of contractor agreements with no IP-assignment clause surfaces as a gap rather than as a surprise two years later. The free founders' agreement and employment agreement templates both include IP assignment as drafted starting points.

Which NDA template should I use for an IP-sensitive discussion?

The NDA generator ships five Indian-law templates — mutual, one-way, employment, vendor and IP-heavy. The IP-heavy variant is the one built for discussions where the disclosure itself is the asset. It runs in your browser and downloads as text or prints to PDF; nothing is uploaded.

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A map of the material, not advice on your matter. These hubs point at statutory text, free calculators and product capabilities. They are not legal advice, they do not create an advocate-client relationship, and they are no substitute for reading the bare Act as currently amended. Indian law is fact- and state-specific — stamp duty, registration and several employment obligations vary by state, and limitation turns on facts a web page cannot know. Take advice on your own facts before acting.

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