India IP Assignment Check for US Companies

• Critical · Territory stated as worldwideIf territory is not specified it is presumed to extend only within India (s.19(6)). A US owner needs worldwide stated expressly.
• Critical · Duration stated (full term of copyright)If the period is not stated, the assignment is deemed to be for five years (s.19(5)). State the full term of copyright and any renewals.
• Critical · Foreign filing permission (s.39) built into the filing planAn Indian resident inventor needs written permission from the Controller before filing abroad, unless an Indian application was filed at least six weeks earlier with no secrecy direction. A first US filing without it breaches s.39.
• High · Clause excluding lapse for non-exercise of rightsRights not exercised within one year are deemed to lapse unless the deed says otherwise (s.19(4)). Add an express exclusion.
• Medium · Moral rights: non-assertion to the extent permittedMoral rights under s.57 survive assignment and cannot be fully waived. Add a covenant not to assert them to the extent the law permits.
• Medium · Stamp duty paid on the executed deedStamp the deed under the applicable state stamp law. An unstamped instrument is not admissible in evidence until duty and penalty are paid.

References are to the Copyright Act, 1957 and the Patents Act, 1970. Stamp duty depends on the state where the deed is executed. Use this to find gaps before review, not in place of it.