Formalities to sell software in India

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Firstly, ensure the intellectual property rights in and to the software created by you is vested in you. In short, i.e. the copyright or relevant IPR regime has been sought.

Secondly, once that is ensured, you can license the rights to use the software with exclusivity/non-exclusivity for an ascertained period with territorial rights for a license fee and royalty or you can assign the software, i.e. sell it to a company and thereby vest all the rights to that company, (I.e. assignee) for a fee.

Thirdly, it is not compulsory to start an OPC to sell your product. You can do the same as an individual/proprietor.

Hope this solves your query. If you require further assistance in consultation or for drafting the agreements, we shall be glad to provide you with our services.

Advocate Roshni Lachhwani LawRato