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Ways to secure intellectual property rights for heirs

Advance planning allows your art or business property to benefit your family after you.

September 18, 2025 / 16:31 IST
An understanding of intellectual property
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An understanding of intellectual property
Intellectual property like books, music, inventions, patents, and trademarks are works. They can be inherited similar to tangible property. A majority of people give them little value, although IP will earn money decades later after their creator has passed away. Proper protection of such rights will have heirs, and not strangers, still benefiting from royalties, licences, or lifetime-built brand name.
Registering intellectual property
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Registering intellectual property
The first step in acquiring IP rights is registration. Patents, trademarks, and copyrights must be registered with the relevant authority for them to be recognized legally. Without this, it is difficult for heirs to claim ownership later. Registered rights can then be enforced in courts of law, providing protection from misuse. Keeping documents updated, safe, and easily accessible to family members ensures heirs can lay claim to their rights without undue confrontation.
Including IP in wills
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Including IP in wills
A will is a vital tool in the passing of intellectual property. By naming patents, copyrights, trademarks, or royalties specifically, the creator secures inheritors clearly. With no specificity, there might be conflict or misuse. Hiring the services of an attorney ensures all forms of IP are specified in a will. This prevents assets from being left behind, which ensures inheritors receive control and streams of income belonging to the rights legally.
Utilizing trusts to manage long term
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Utilizing trusts to manage long term
For writers who would like more control, forming a trust is conceivable. A trust allows intellectual property to be managed professionally for the benefit of heirs. This preserves customary royalty collection, licensing, and settlement of disputes even after death of the creator. Trusts are particularly beneficial when heirs are children or lack business acumen. In so doing, the IP continues to generate predictable income with minimal disruption to beneficiaries.
Assigning and licensing rights
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Assigning and licensing rights
Sometimes owners assign or licence intellectual property during their lifetime. Assignment puts ownership permanently on the transferee, and licensing allows rights to use IP according to agreed terms. The agreement must point out what will happen in case the owner dies. Properly written agreements safeguard the interest of heirs so that they can benefit from them too. Not planning might lead to losing valuable rights or have them exploited by other individuals, denying families revenue from such assets.
Seeking expert advice
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Seeking expert advice
Protection of IP rights requires experienced legal and financial guidance. Lawyers help draft foolproof contracts, while financial consultants help value IP and integrate it into estate planning. Tax consultants also come in handy, as sales of IP and royalties have tax implications for beneficiaries. Professional help avoids costly mistakes, and intellectual property is a source of income, protection, and legacy for the family and not a millstone.
Moneycontrol PF Team
first published: Sep 18, 2025 04:30 pm

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