1. Choosing the Right Business Structur

The foremost step in starting a start-up is selecting the most suitable legal structure for it because this will impact your liability, tax implications, fundraising options, and operational flexibility. Here are some key considerations:

• Sole Proprietorship
• Limited Liability Partnership (LLP)
• Private Limited Company
• Partnership

To assure the growth of a business, consult experienced professionals regarding structure of your Start-up and most viable structure is private limited company because it allows for the fastest way to raise funds because it has the capacity to sell a share of the company in exchange for investment providing entrepreneurs with a clear incentive for investors to invest, allowing them to raise cash more easily.

2. Registration and compliance under the Companies Act, 2013.

Once you choose your structure, register your chosen entity with the Ministry of Corporate Affairs (MCA) through the online portal. For Pvt. Ltd. companies, registration with the MCA is mandatory as this will grant you legal recognition as well as access to government benefits.

For start-ups to avoid penalties and potential legal trouble, they should comply with ongoing compliance obligations such as:

• Annual KYC.
• Income Tax Returns.
• GST Fillings(if applicable)

3. Founders Agreement under the Indian Contract Act, 1872

A founders agreement is a contract among co-founders outlining ownership, roles, decision-making, and how they’ll resolve issues. When everyone’s excited about the initial idea, a founders agreement forces open communication and ensures everyone’s on the same page regarding ownership, roles, and decision-making. This clarity prevents misunderstandings and potential conflicts down the road.

Investors are more likely to back a start-up with a well-defined ownership structure and clear governance framework. A founders agreement demonstrates professionalism and reduces perceived risk for investors.

4. Intellectual Property (IP) Protection

Your start-up’s intellectual property (IP) can be its most valuable asset; it may include trademarks, copyrights, patents, or designs. Registering your IP with the Office of the Controller General of Patents, Designs, and Trademarks is important to prevent unauthorised use and establish ownership rights.

• Trademarks: Register your brand name, logos, and slogans to prevent others from using them.
• Copyrights: Automatically protect original creative works like software code, website content, or artistic designs upon creation.
• Patents: Register inventions or unique processes to prevent others from commercially exploiting them for a limited period of 20 years. Registering patents can be time-consuming and complex, so consulting a patent attorney is recommended.
• Designs: Register unique product designs for an extra layer of protection against unauthorised copying

By taking these steps to protect your IP, you safeguard your competitive advantage and ensure the long-term success of your innovative ideas.

5. Non-Disclosure Agreement (NDA)

When you collaborate with potential investors, partners, or employees, you often share confidential business information like trade secrets, product ideas, or customer lists; therefore, it’s crucial to protect them through a binding contract called Non-Disclosure Agreements (NDAs) to keep this information confidential. A well-drafted NDA outlines the confidential information, the duration of confidentiality obligations, and potential legal consequences for breaches.

By following the above legal must-haves, you’ll be equipped to launch your Indian start-up with confidence and a clear path to success. At IAIPF, we understand the importance of navigating legal complexities while fostering innovation.  We encourage you to focus on what you do best, i.e., building your game-changing idea, while we provide the legal foundation for your journey. If you have any questions, feel free to connect with us to learn more.

Author: Shubhi Gupta – 5th-year law student of ICFAI Law School, IFHE University (Hyderabad).

Gillette’s innovation prowess is reflected in its extensive patent portfolio, boasting over 4,000 active patents worldwide as of 2022. This vast collection spans various aspects of shaving technology, razor designs, blade coatings, and manufacturing processes. The Gillette Company holds an impressive 7,216 patents worldwide;

Seminal patents include:

a. King C. Gillette’s revolutionary Gillette Razor Blade (1904), which laid the foundation for the disposable razor blade era.
b. Razor technology patents, including over 200 related to the design and functionality of razor handles and cartridges, approximately 150 covering pivoting razor head mechanisms, and around 100 addressing blade coatings and technologies like the lubricating strip.
Specific influential patents:
Some of Gillette’s most influential and widely cited patents have played pivotal roles in shaping the modern shaving experience:

a. US Patent No. 4,588,089 (issued in 1986): This patent covers the design of the pivoting razor head, which has become a standard feature in many modern razors.

b. US Patent No. 5,661,907 (issued in 1997): Describing the use of a lubricating strip on razor cartridges, this patent significantly improved the shaving experience by providing a smoother shave and reducing irritation.
c. U.S. Patent No. 6,212,777 (issued in 2001): This patent covers the design of the Mach3 razor cartridge, featuring three blades arranged in a specific configuration for improved shaving performance.

In 2021 alone, Gillette filed over 150 new patent applications, demonstrating its relentless pursuit of innovation.

Notable recent patents include:

a. Shaving Razor System with Skin Interconnect Member (Patent Number: 11897154), focusing on a shaving razor system with a pivotally connected skin interconnect member.
b. Digital Imaging Systems for Analyzing Shaving Pressure (Patent Number: 11896385), involving analysis of pixel data from shaving strokes to determine pressure applied and provide personalized recommendations.
c. Digital Imaging Systems for Hair Density Determination (Patent Number: 11890764), utilizing AI-based systems to analyze pixel data and determine hair density for tailored grooming recommendations.

Gillette’s patent portfolio represents a formidable barrier to entry, protecting its technological edge and market dominance in the ever-evolving grooming landscape. Strategies

1. Customer-Centric Approach and Relationship Building:
   Gillette prioritizes customer satisfaction and loyalty by adopting a customer-centric approach in its marketing strategies. This involves engaging with consumers through personalized experiences, loyalty programs, and ongoing communication to build long-term relationships and brand advocacy.
2. Socially Responsible Marketing and Corporate Citizenship:
   Gillette embraces social responsibility by addressing societal issues through its marketing campaigns and product offerings. Initiatives like the “The best men can be” campaign and the launch of Planet KIND brand reflect Gillette’s commitment to promoting positive social change and environmental sustainability. In 2019, Gillette revamped its tagline from “The best a man can get” to “The best men can be,” accompanied by an ad campaign addressing toxic masculinity.
3. Value-Based Pricing and Product Differentiation:
   Gillette implements value-based pricing strategies, offering premium-quality products at varying price points to cater to different consumer segments. Additionally, they differentiate their products through continuous innovation and technological advancements, ensuring a competitive edge in the market. One example of value-based pricing is the launch of the Mach 3 razor, which was priced 35 per cent higher than the previous model, Sensor Excel.
4. Strategic Response to Competitors and Market Trends:
   Gillette demonstrates agility in responding to challenger brands and evolving market trends
   In response to the rise of direct-to-consumer (D2C) startups like Dollar Shave Club and Harry’s, which eroded Gillette’s market share between 2010 and 2015, the company filed patent infringement lawsuits, reflecting a defensive strategy to protect its intellectual property rights.
5. IP Strategies:
   Gillette employs a comprehensive intellectual property (IP) rights strategy to protect its valuable brand, maintain its competitive advantage, and prevent others from unfairly benefiting from its innovations and brand equity.

a. Patents: Gillette has a long history of innovation in razor technology and has obtained numerous patents for its razor designs, blade cartridges, and other shaving-related inventions. As of 2022, Gillette holds over 4,000 active patents worldwide, covering various aspects of shaving technology, razor designs, blade coatings, and manufacturing processes.

b. Trademarks: Gillette has registered its brand name, logos, and other distinctive marks as trademarks. This helps prevent other companies from using confusingly similar marks, which could mislead consumers and dilute the brand’s value.

c. Trade Secrets: Gillette likely employs trade secret protection for certain manufacturing processes, formulations, or other proprietary information that provides a competitive advantage.

d. Copyrights: Gillette may have copyrights on various creative works, such as advertising materials, product packaging designs, and instructional manuals, which prevent unauthorized copying or reproduction.

e. Aggressive Enforcement: Gillette has been known to vigorously enforce its intellectual property rights against infringers. The company has pursued legal action against counterfeiters and companies that it believes have infringed on its patents or trademarks.

6. Patent of addition:

Gillette has utilized a patent strategy known as “patent bracketing,” “patent fencing,” or “patent thicket” to effectively conquer and maintain its dominance in the shaving market.

a. Core product patents: Gillette secured foundational patents covering the core features and designs of its razor products, including patents on the pivoting razor head mechanism, the cartridge design with multiple blades arranged in a specific configuration, and the lubricating strip on the cartridge.

b. Improvement patents: As Gillette continued to innovate and improve upon its core products, it obtained additional patents on enhancements and modifications. These “improvement patents” covered features like advanced blade coatings, improved cartridge designs, ergonomic handle shapes, and new pivoting mechanisms.

c. Manufacturing process patents: Gillette also patented various manufacturing processes, techniques, and equipment used in the production of its razors and blades. These process patents made it more difficult for competitors to replicate Gillette’s products without infringing on its intellectual property.

d. Design patents: In addition to utility patents, Gillette secured design patents that protected the unique and distinctive visual appearances of its razor handles, cartridges, and other product components. These design patents prevented competitors from simply copying the aesthetic features that contribute to brand recognition.

By surrounding its core technologies with multiple layers of patents, Gillette created a formidable “patent fence” or “patent thicket” that made it extremely challenging for competitors to enter the market without infringing on at least some of Gillette’s patents.

Cases, litigation and enforcement:

1. Gillette v. Wilkinson Sword – 1980s

In the 1980s, Gillette engaged in a legal battle with Wilkinson Sword over patent infringement related to disposable razors. Gillette alleged that Wilkinson Sword’s razors infringed on its patents concerning razor cartridge and pivoting head design. As a result of this lawsuit, Wilkinson Sword was compelled to redesign its razors to avoid further infringement of Gillette’s patents.

2. Gillette v. BIC – 2000s

During the 2000s, Gillette filed multiple lawsuits against BIC, a major competitor in the disposable razor market. These lawsuits primarily focused on patent infringement related to the lubricating strip on razor cartridges, pivoting razor head designs, and blade coatings. Settlements and licensing agreements were reached, allowing BIC to continue its operations while paying royalties to Gillette.

3. Gillette Safety Razor Co v. Anglo American Trading Co. Ltd. (1913)

The legal case of Gillette Safety Razor Co v. Anglo American Trading Co. Ltd. in 1913 laid the foundation for Gillette’s protective strategy known as the “Gillette Defense.” This mechanism serves to safeguard the company’s innovations and maintain market dominance by leveraging intellectual property rights.

4. Gillette’s trademark enforcement

Gillette has demonstrated vigilance in enforcing its trademark rights against potential infringers. Notably, in 2007, Gillette successfully prevented a company with a similar name from registering a trademark for personal care products. Legal action has also been taken against counterfeiters and unauthorized sellers to uphold the brand’s reputation.

5. Trade secret litigation

During the 1990s, Gillette pursued legal action against former employees and a startup company for allegedly misappropriated trade secrets related to manufacturing processes and razor designs. This case underscored Gillette’s commitment to protecting proprietary information through trade secret laws.

6. Design patent enforcement

Gillette has actively enforced its design patents against competitors attempting to replicate the visual appearance of its razor handles and cartridges. For instance, in 2005, Gillette initiated a lawsuit against Dorco for infringing its design patents on razor handle designs.

Entry barriers

1. Patent portfolio:
   Gillette has built a formidable patent portfolio encompassing razor design, blade technology, and shaving systems. This extensive collection of patents acts as a significant entry barrier, as new competitors must navigate around Gillette’s patents or risk infringement lawsuits.
2. Trademark protection:
   The Gillette brand name and logos are protected by robust trademark rights, making it challenging for competitors to imitate or use similar marks. Gillette’s aggressive defense of its trademarks ensures that its brand identity remains distinct and recognizable in the market, preventing dilution or tarnishment by unauthorized parties.
3. Design Patents:
   In addition to utility patents, Gillette holds design patents for the unique appearance of its razor handles and cartridges. These design patents protect the aesthetic features of Gillette’s products, safeguarding brand recognition and consumer appeal. Competitors face hurdles in replicating Gillette’s distinctive designs without infringing on these patents.
4. Legal Enforcement:
   Gillette maintains a proactive legal strategy to enforce its intellectual property rights against infringers. With a well-funded legal team and a history of successful litigation, Gillette acts as a deterrent against potential competitors considering unauthorized use or imitation of its IP. The threat of costly legal battles serves as a formidable barrier to entry.

Licensing Agreements

1. Consumer Ratings and Reviews Agreement:
   This agreement governs user-generated content associated with Gillette’s Consumer Ratings and Review Services and social media platforms. Users submitting reviews agree to certain terms, ensuring accuracy, originality, and compliance with laws. The agreement enhances user experience and fosters transparency in consumer feedback.
2. Exclusive License Agreement (A123 Systems Inc. and The Gillette Co.):
   A123 Systems Inc. and The Gillette Co. entered into an exclusive license agreement. While the details of this specific agreement are not provided here, it highlights Gillette’s willingness to collaborate and license its technology with other companies.

Sustainability initiatives
Additionally, Gillette embraced a new brand ideology, introducing the fifth P of Marketing – Purpose, with a focus on sustainability through initiatives like the Planet KIND brand in 2021. The first four marketing mix elements are; Product, Price, Promotion and Place. Gillette has demonstrated a strong commitment to sustainability, implementing various initiatives across its operations to reduce its environmental impact and promote responsible practices. Gillette aims to achieve 100 per cent recyclable packaging by 2030, with significant progress already made by 2023. In product innovation, Gillette is prioritizing long-lasting and durable products to minimize waste. Refillable razors like Fusion and Mach3 are designed to provide up to one month of close, comfortable shaves, with handles built to last for years.

Gillette is also addressing manufacturing efficiency and waste management. The company has achieved ‘Zero Manufacturing Waste to Landfill’ status across its global network of plants, a significant accomplishment in the industry. Additionally, Gillette has reduced energy use by 392,851 gigajoules over the last ten years, equivalent to powering more than 17 million homes. The company is committed to further reducing greenhouse gas emissions and achieving 100 per cent renewable purchased electricity by 2030.

Water conservation is another priority for Gillette, with plans to achieve a 35 per cent reduction in water consumption per production by 2030. Furthermore, the company is raising awareness to help consumers conserve water during the shaving process, promoting responsible water usage.

Environmental commitments

Gillette’s sustainability efforts extend beyond operational changes to include quality assurance and product transparency. Every new Gillette razor undergoes extensive consumer testing before launch, ensuring quality and performance. The company participates in the Smart Label program in the US, providing ingredient transparency to consumers and promoting informed purchasing decisions.

In 2015, the United Nations presented the Sustainable Development Goals (SDGs), a comprehensive framework offering a blueprint for addressing these global challenges. Now, it falls upon us to innovate and create solutions that align with these goals, fostering equality and unity among all peoples.

Crucially, innovation must transcend mere commercial interests and be regarded as a civic duty. This ethos is deeply rooted in India’s cultural fabric, where knowledge is revered as a divine gift from Goddess Saraswati. Historically, India has esteemed knowledge not solely for profit but for its power to uplift communities.

The SDGs encapsulate humanity’s shared aspirations — to eradicate poverty, promote equality, and ensure environmental sustainability. These goals harmonize seamlessly with India’s ethos, emphasizing the well-being of all, not just a privileged few. By channeling our creativity and innovation towards fulfilling the SDGs, we honor principles of duty and selfless service, known as dharma and seva.

Achieving the SDGs is not the sole responsibility of governments or international bodies; it requires the active participation of every individual, community, and institution. Just as knowledge is cherished in Indian culture, so too is the obligation to utilize it for societal benefit.

In this context, creativity and innovation emerge as powerful tools for positive change. Whether it’s devising sustainable solutions for water scarcity, harnessing renewable energy sources, or promoting inclusive education, innovation holds the potential to drive transformative progress. Yet, the true value of innovation lies not in its novelty but in its impact on the most marginalized and vulnerable.

Moreover, by fostering a culture of innovation for social good, India can assume a leadership role on the global stage. Amidst challenges like climate change, poverty, and inequality, India’s reservoir of knowledge and wisdom can illuminate a path forward for the entire world.

In conclusion, India must reclaim its legacy of using knowledge for the collective welfare of humanity. By harnessing creativity and innovation in service of the SDGs, India can lead by example, paving the way for global progress. In doing so, we honor the spirit of Vasudhaiva Kutumbakam — the world is one family — and reaffirm our commitment to compassion, empathy, and solidarity, recognizing the interconnectedness of all life.

Creativity is like a superpower. It helps us think up new ideas, challenge the old ways, and move towards a brighter tomorrow. When it comes to taking care of our planet, creativity is super important. It helps us rethink how we live with nature and find smart ways to stop hurting the environment.

Sustainability is all about making sure we can meet our needs now without making it hard for people in the future. It means changing how we do things so we don’t harm the planet. The old ways of using up resources and making lots of waste won’t work anymore. We need to think creatively to find better ways to live with nature.

Creativity shows up in lots of ways when it comes to taking care of our planet. It helps us make things like eco-friendly products that don’t hurt the environment. From things like solar panels to packaging that can break down without causing harm, creativity helps us use fewer resources and keep things green. And when we plan our cities and buildings, being creative helps us make them energy-efficient and full of green spaces.

But creativity isn’t just about things we can touch. It also helps change how people think and act towards the environment. Through art, stories, and media, creative folks can inspire others to care more about nature. Whether it’s through cool documentaries, beautiful art, or catchy ads, creativity helps get people excited about making the planet better.

Using creativity to help the Earth isn’t something one person can do alone. It takes all of us working together in a supportive environment. We need to encourage each other to try new things, work across different fields, and give resources to creative projects that help the environment.

But being creative isn’t the only thing we need. Taking care of the Earth means thinking about everything: people, money, and nature. Creativity needs to go hand in hand with smart science, fairness, and making sure everyone is treated right. That’s how we can really make a difference and help the Earth.

In the end, creativity and sustainability are like best friends. Without one, the other can’t do its job properly. But when we use creativity to help the planet, amazing things can happen. We can find new solutions, inspire others, and make the world a better place for everyone.

As our world undergoes rapid change and growth, so too does the environment and the finite resources upon which we rely. We find ourselves at a pivotal moment where heeding the warnings of nature and taking proactive measures to preserve and cultivate sustainable practices are imperative to safeguarding life on our planet.

Sustainability transcends mere rhetoric; it embodies a profound commitment to responsible stewardship of our resources and ecosystems. It necessitates a shift towards mindful consumption, renewable energy sources, conservation efforts, equitable socio-economic policies, and responsible and conscious behavior.

The urgency of addressing sustainability issues cannot be overstated. Climate change, biodiversity loss, pollution, and resource depletion are among the pressing challenges we face. These issues not only threaten the delicate balance of our ecosystems but also pose existential risks to countless species, including our own.

Moreover, the consequences of unsustainable practices are not confined to distant future generations. They are already being felt in the form of extreme weather events, habitat destruction, water scarcity, and social inequalities. If we do not take urgent actions now our future generations will have to heavy costs for that.

Embracing sustainability requires collective action on a global scale. It demands collaboration across borders, industries, and disciplines to develop innovative solutions and enact meaningful change. Every individual, community, and institution has a role to play in advancing sustainability efforts.

Education and awareness are fundamental pillars in this endeavor. By fostering a deeper understanding of the interconnectedness of our actions and their impact on the planet, we can inspire shifts in behavior and attitudes toward more sustainable lifestyles.

Furthermore, integrating sustainability into the grassroots level is essential and our education sector can play a significant role in that. Education plays a pivotal role in advancing sustainability by nurturing awareness, understanding, and action. Through education, individuals gain insights into the intricate interdependencies of ecological systems, the impacts of human activities on the environment, and the importance of adopting sustainable practices. By integrating sustainability into curricula at all levels, from primary schools to universities, we can empower future generations with the knowledge and skills necessary to address environmental challenges effectively. Education also fosters critical thinking, innovation, and collaboration, enabling individuals to develop and implement solutions that promote sustainability in their communities and beyond.

Ultimately, embracing sustainability is not merely a choice but a moral imperative. It is about recognizing our responsibility to safeguard the planet and ensure a prosperous future for generations to come. By working together with determination and foresight, we can create a world where sustainability is not just a buzzword, but a guiding principle that shapes our collective journey towards a better tomorrow.