The Indian business delegation in Bulgaria presented the opportunities for protection of intellectual property of foreign SMEs in India.

Within the framework of the visit of an Indian business delegation to Bulgaria, the BCCI organized a Bulgarian-Indian business forum and a presentation of the India Intellectual Property Help Desk. The forum focused on the economic and investment environment in India and Bulgaria.

The main presentation on the India IP Help Desk was made by Girish Somavarapu Naragaj, an expert from the India IP Help Desk, who provided detailed information on the Indian intellectual property sphere. He emphasized the diversity and centralized intellectual property laws in India, the growing economy, and the democratization of digitalization since 2014. The efforts of India to liberate e-commerce through the Open Network for Digital Commerce and the significant growth of the country in artificial intelligence technologies were discussed.

The speaker mentioned the intellectual property challenges faced by European companies in India, with significant losses due to counterfeiting and infringements. The expert explained that the SME IP Help Desks provide free intellectual property-related services to European SMEs in various regions, including India, China, Southeast Asia, Africa, Latin America, and Europe.

Girish described the services offered, including a free helpline, individual sessions, seminars, and online resources covering various aspects of intellectual property protection. The importance of intellectual property in the 21st century was discussed, emphasizing its role in attracting investments and promoting consumer trust through patents and trademarks.

Girish advised conducting regular intellectual property audits to review and inventory all intellectual assets within the organization. He also emphasized the need for a customized intellectual property strategy based on business needs, competitors, and potential investors. He recommended seeking the services of an intellectual property attorney when necessary, especially for trademark clearance, before partnering with Indian organizations.

Girish discussed two ways to protect inventions in India: direct filing with the Indian Patent Office or using an application under the Patent Cooperation Treaty (PCT). The PCT was recommended for SMEs seeking protection in multiple countries, as it provides a 30-month period to decide on entering specific markets.

It was noted that the Indian Intellectual Property Office has become more efficient after COVID, with patent issuance timelines reduced from 48 months to 18-24 months, and trademark issuance now taking 6-8 months. Key aspects of Indian intellectual property legislation, with a focus on patents and trademarks, were explained.

The requirement to file Form 27 after the issuance of a patent, demonstrating the use of the invention in India, was presented. For trademarks, the speaker outlined both national and international filing routes, noting the Indian "first to use" system, while recommending registration.

The importance of trade secrets and non-disclosure agreements (NDAs) in India, where there is no specific regulation for trade secrets, was highlighted. The speaker advised companies to have well-drafted contracts and NDAs when entering partnerships, especially for the protection of customer lists and artificial intelligence algorithms.

Girish explained the enforcement options for intellectual property infringements in India, including criminal and civil routes. He noted that civil law is more commonly applied in intellectual property-related cases, with courts typically issuing preliminary injunctions.