Recognizing the growing importance of intellectual property (IP) in business transactions, innovation, and entrepreneurship, the Federation of Indian Chambers of Commerce and Industry (FICCI), in collaboration with the Cell for IPR Promotion and Management (CIPAM), Department for Promotion of Industry and Internal Trade (DPIIT), Government of India, organized a webinar on "Intellectual Property and the Need for Due Diligence." The programme was conducted under the FICCI-CIPAM Virtual School on Intellectual Property, an initiative aimed at building IP awareness among entrepreneurs, professionals, startups, students, and industry stakeholders.
The session was delivered by Mr. Abhijit Bhand, Founder & CEO of Kanadlab Institute of Intellectual Property & Research, who discussed the critical role of intellectual property due diligence in reducing business risks and enhancing the value of commercial transactions. Addressing participants from diverse professional backgrounds, Mr. Bhand emphasized that intellectual property is no longer merely a legal consideration but has become a strategic business asset that influences investment decisions, mergers and acquisitions, technology licensing, startup funding, and international collaborations.
Opening the discussion, he explained that IP due diligence is the systematic process of identifying, verifying, evaluating, and managing intellectual property assets and associated legal risks before entering into commercial transactions. He observed that while businesses routinely conduct financial and legal due diligence, intellectual property often receives inadequate attention despite constituting a substantial portion of an organization's intangible value.
To illustrate its practical significance, Mr. Bhand referred to several global examples where inadequate intellectual property due diligence resulted in substantial commercial losses. He discussed disputes arising from trademark conflicts, ownership ambiguities in collaborative research, and patent infringement litigation that have disrupted acquisitions and delayed product launches. Participants learned how overlooked IP risks can significantly affect company valuation, investor confidence, and long-term business sustainability.
A major focus of the session was the increasing importance of intellectual property due diligence within India's rapidly expanding startup ecosystem. Referring to initiatives such as Startup India, Make in India, and the National IPR Policy, 2016, Mr. Bhand explained that the Government of India has actively encouraged innovation by simplifying patent procedures, reducing official fees for startups and educational institutions, expediting patent examination, and strengthening commercialization support. However, he cautioned that these policy measures can achieve their intended objectives only when innovators proactively identify, protect, and manage their intellectual assets through appropriate legal strategies.
The webinar also examined the due diligence process from an investor's perspective. Participants were introduced to key aspects that venture capital firms, angel investors, and acquiring companies typically evaluate before making investment decisions. These include verification of patent ownership, trademark registrations, copyright assignments, confidentiality agreements, employee invention policies, licensing arrangements, freedom-to-operate considerations, pending litigation, and the enforceability of intellectual property rights across different jurisdictions. Mr. Bhand explained that a startup possessing a strong intellectual property portfolio often enjoys greater credibility, stronger negotiating power, and improved investment prospects.
The discussion extended beyond registration of rights to emphasize that ownership alone does not guarantee commercial success. Businesses must continuously monitor infringement risks, maintain intellectual property assets, document innovation processes, execute appropriate contractual arrangements, and integrate intellectual property considerations into their overall business strategy. He remarked that due diligence should not be viewed as a one-time compliance exercise but as an ongoing risk management process that evolves throughout the lifecycle of a business.
Drawing upon his professional experience of handling innovations across multiple technological domains and advising startups and research-driven enterprises, Mr. Bhand shared practical guidance on avoiding common mistakes that frequently weaken intellectual property portfolios. He encouraged entrepreneurs to conduct prior art searches before investing in product development, secure ownership through proper employment and consultancy agreements, maintain confidentiality before public disclosure, and periodically audit their intellectual property assets.
The session further explored the role of due diligence in technology transfer and licensing transactions. Participants learned how universities, research institutions, and companies can maximize the commercial value of their innovations by ensuring that intellectual property ownership, licensing rights, and contractual obligations are clearly established before entering collaborative arrangements. Real-world examples demonstrated how well-executed intellectual property due diligence can prevent costly disputes while facilitating successful commercialization.
The interactive programme witnessed active participation from entrepreneurs, startup founders, students, professionals, researchers, and intellectual property enthusiasts from across the country. Participants raised questions regarding patent ownership in collaborative research, software licensing, open-source compliance, trademark clearance searches, technology acquisitions, and intellectual property valuation. The discussion highlighted the growing recognition that effective management of intellectual property has become indispensable for innovation-led businesses operating in today's knowledge economy.
Concluding the session, the organizers appreciated Mr. Bhand's practical and industry-oriented presentation, noting that intellectual property due diligence remains one of the most overlooked yet essential aspects of business strategy. The webinar reinforced the message that organizations seeking sustainable growth must treat intellectual property not merely as a legal right but as a strategic asset requiring careful identification, protection, evaluation, and continuous management.
