INDIA Trends and Developments Contributed by: Mohit Goel, Sidhant Goel, Deepankar Mishra and Mehr Bajaj, Sim and San, Attorneys at Law
ingly integrated into content creation, software devel- opment and commercial innovation. Intellectual property is becoming a core investment asset Another important structural development concerns how businesses and investors increasingly value intel- lectual property itself. For technology companies, creator-led businesses and platform-driven brands, intangible assets now sit at the centre of enterprise value. Trade marks, propri- etary software, algorithms, licensing structures, data- sets and platform technologies increasingly underpin investment narratives, acquisition strategy and com- mercial positioning. This is especially visible within India’s start-up ecosys- tem. Investors today routinely examine IP ownership structures, licensing vulnerabilities, employee assign- ment agreements and enforcement exposure during diligence exercises. The importance of intellectual property is also becom- ing increasingly visible in public market transactions. Companies preparing for listings and public offerings are expected to provide greater disclosure surround- ing material intellectual property assets, litigation exposure, licensing structures and ownership risks. Investors increasingly evaluate whether critical assets are adequately protected, properly assigned and com- mercially defensible. In parallel, India’s creator and entertainment economy is becoming a major IP-driven market. International touring circuits increasingly treat India as a key com- mercial destination rather than a secondary audience base. Large-scale performances by global artists such as Coldplay, Dua Lipa, Ed Sheeran and Travis Scott increasingly reflect India’s growing importance within global entertainment commerce. This shift extends beyond ticketing into licensing, merchandising, broad- casting rights, publicity rights, sponsorship structures and digital monetisation – turning live entertainment into a multi-layered IP ecosystem.
Intellectual property in India is therefore no longer functioning merely as legal protection. Increasingly, it operates as a valuation asset central to investor con- fidence, commercialisation strategy and long-term enterprise growth. India’s IP story is becoming hard to ignore India’s intellectual property ecosystem in 2026 is com- mercially dynamic, technologically sophisticated and globally consequential. While delays and procedural backlogs continue to present challenges in certain matters, the overall direction of India’s IP ecosystem remains positive and steadily evolving. Indian courts are becoming commercially fluent. Platform accountability is expanding. Damages juris- prudence is becoming economically sophisticated. Personality rights are entering the AI era. Digital enforcement architecture is evolving rapidly. Intan- gible assets are increasingly shaping valuation and investment decisions. For years, India occupied a paradoxical position with- in global IP strategy. It was commercially unavoidable, yet procedurally difficult – a market too important to ignore, but one where businesses often approached enforcement, prosecution and regulatory risk with caution. International companies viewed India primar- ily as a manufacturing jurisdiction, a consumer market and, in many sectors, a defensive filing destination rather than a jurisdiction shaping the future direction of intellectual property law itself. That perception is changing, and changing quickly. For multinational businesses, India is no longer merely a jurisdiction where IP rights are protected because market presence requires it. Increasingly, it is becom- ing one of the jurisdictions where the future com- mercial architecture of intellectual property is actively being tested and shaped in real time.
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