Protecting and licensing US intellectual property across Indian operations.
Protecting and commercialising intellectual property in India is a priority for American companies that license technology, build brands or run development here. India’s IP regime — the Trade Marks Act 1999, the Patents Act 1970, the Copyright Act 1957 and the Designs Act 2000 — is TRIPS-compliant and increasingly well enforced, but rights must be secured and licensed correctly, and cross-border royalties carry FEMA and withholding consequences.
AMLEGALS secures American rights in India, structures licensing and technology-transfer agreements that are enforceable and tax-efficient, and enforces against infringement through civil and, where appropriate, criminal action. Where the American group develops IP in India, we ensure ownership vests in the group by contract rather than being left to default rules.
Clearing and registering trade marks, patents, designs and copyright in India for the American owner, including priority claims.
Drafting licence, franchise and technology-transfer agreements with enforceable scope, royalty and termination terms.
Structuring royalty and technical-fee flows for FEMA compliance and treaty-efficient withholding.
Securing ownership of IP created by Indian employees, contractors and vendors for the American group.
Enforcing against infringement and counterfeiting through civil suits, interim injunctions and border measures.
Managing the India portfolio, oppositions and IP disputes on an ongoing basis.
By registering its trade marks under the Trade Marks Act 1999, ideally claiming Convention priority from the home filing, and by policing the register and the market. Registration gives the exclusive right to use the mark and the ability to sue for infringement; unregistered marks are protected only through the harder passing-off action.
Yes. Technology and IP licensing is permitted and royalties are freely remittable under the automatic route subject to FEMA and withholding tax. The licence should define scope, territory, improvements, confidentiality and termination carefully, and the royalty should be set to withstand transfer-pricing and withholding scrutiny.
Ownership is not automatic for every category of work under Indian law, so it must be secured by contract. AMLEGALS uses employment terms and assignment agreements so that inventions, code and works created in India are owned by the American group without gaps.
Through civil suits in which interim injunctions, including ex parte and John Doe orders, are routinely granted, and for certain rights through criminal complaints and customs border measures. The commercial courts and dedicated IP benches have improved speed and consistency of enforcement.
No. No engagement is treated as accepted until conflicts, scope and terms are confirmed in writing. An initial discussion is confidential and is used only to understand the matter and assess fit.
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