3.Ways to Protect Prototypes Under IP Regime:

• Copyright: Interesting note that the Prototypes are protected virtually everywhere in the world the moment prototype is created it will have automatic copyright protection but to avail this copyright protection one has to prove the ownership which is difficult and cumbersome.

• Trade Secret: Traditional and most used method of protecting prototype is via trade secret, the prudent business owners who want protect prototype or proof of concept needs to be mindful & identify this trade secret protection to take reasonable precautions to protect prototype.

• Design Protection: Prototypes can be protected as designs through a design right / registered design under IP design protection. These design rights granted to the appearance product. Design provides right against the copying and not against the creation of identical product unless it is proved that its copied design.

4.Key Tips to Protect Prototypes: Buckle up the law and technology to have effective protection of prototype in this era of digitisation. Protection of prototypes under regime of trade secrets with the use of processes like sign in process, dashboard, encryption, password protected and so on is advisable. So, place and sign Non- Disclosure Agreement which is also knows Confidentiality Agreement or Secrecy Agreement prior any transactions and disclosures.  If you are employee/s is creating prototype make sure they sign NDA before initiating this process.  Go for the most appropriate form of IP be it copyright, design protection or trade secret based on your requirements especially when you are investing more time and money to build the prototype.

5.Best Practices to Protect Prototypes: Adhering to the below best practices along the IP protection can be added layer of protection

• Signing the NDA with each and every one who has exposure to the prototype material or documents suppliers, funders, vendors including own employees.
• Obligation to maintain trade-secret integrity even after exist by everyone who used it under the contractual terms.
• Establish a process to trace the use of confidential files be it online or off-line
• Label the prototypes materials and documents: Confidential & Restrictive, don’t use, secret or top secret and likewise to caution & remind the user for every time use.
• Sign in process to view the confidential file of prototype
• Restricting access to prototypes be it vendor or supplier or employee
• Being mindful of creation of restricted document or documentation with regard to prototype to keep more secure
• Restricting the full-scale of the idea is possible by only giving access to some of the information to needy members only
• Initially providing only rough prototype not full the prototype
• Making efforts to  communicate and create the awareness the importance of complying the confidentiality obligations to the employees
• Fully understanding the nature of confidentiality involving in the NDA all by members involved in the transaction  and access to the prototype

Keep the minimal people involved in the transaction based on the purpose and role to be played for accessing the prototypes

6.Inference: Protecting the idea while creating a prototype is crucial. There is no simple and single aspect of the protecting the prototypes under the IP regime. So, buckling up technology with law protects the same. Use of NDA along with any other means of IP protection, use of tech aids and best practices is shield and added layer of protection. Be mindful of disclosures and access to the prototype