Why Intellectual Property Matters for Startups and MSMEs

A practical session organised by ISFA explains how trademarks, patents, designs, copyright and other IP assets can help businesses protect innovation and prepare for growth

For startups and MSMEs, intellectual property often remains a secondary consideration while founders focus on products, customers, funding and expansion. However, a business may already be creating valuable intellectual property through its brand name, logo, product design, technology, software, creative content, processes and know-how.

This was the focus of an ISFA Business Education Series session led by Harish Kumar Johan, an intellectual property lawyer and core team member at Grover Law, who discussed practical IP considerations for startups and MSMEs.

Understanding What Counts as Intellectual Property

Intellectual property broadly covers creations of the mind, including inventions, designs, artistic works, symbols, names and images used commercially. WIPO identifies patents, copyright, trademarks and industrial designs among the principal forms of IP protection.

The session highlighted a wider range of categories, including:

• Trademarks
• Patents
• Industrial designs
• Copyright
• Domain names
• Trade secrets
• Semiconductor layout designs
• Plant varieties
• Geographical indications

For a startup, recognising these assets is the first step towards developing an effective IP strategy.

Why Startups Need to Think About IP Early

A company's brand can become one of its most recognisable commercial assets. Trademarks can cover names, logos, slogans and other distinctive elements that differentiate goods or services.

The webinar emphasised that trademark protection can provide exclusive rights and legal remedies against misuse, while also supporting credibility and brand value.

However, protection should not begin only after a business becomes successful. Before adopting a business or product name, entrepreneurs should conduct appropriate clearance searches to identify potential conflicts. The speaker also stressed the importance of proper documentation with employees, associates and distributors.

IP Can Become a Commercial Business Asset

Intellectual property is not limited to preventing others from copying a business. Properly managed IP can also contribute to commercialisation, licensing, franchising and expansion.

The session explained that IP can represent a separate intangible asset with commercial value and may become relevant when businesses expand, license their assets or enter new markets.

WIPO similarly notes that IP rights can transform innovative and creative outputs into tradeable commercial assets and create opportunities for licensing and other business arrangements.

Building a Practical IP Roadmap

For startups, the approach can begin with four fundamental steps: identify, protect, manage and enforce.

Businesses should first map their intellectual assets, conduct appropriate searches, establish ownership and determine which assets require protection. They should then develop an IP strategy aligned with their available resources and future expansion plans.

The webinar concluded with a practical recommendation for startups to audit their existing IP and assess how their intellectual assets can be better protected and managed.

For entrepreneurs, the broader message is clear: IP should be considered alongside finance, operations, marketing and growth strategy. Building awareness early can help businesses understand what they own, protect what matters and prepare their intellectual assets for future commercial opportunities. WIPO also provides dedicated guidance for startups and SMEs on integrating IP into business strategy.