Biswajit Sarkar, Advocates - IP Attorneys
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Practice

Foreign Trade and Investment

Guiding businesses across borders, with their brands and technology protected before they arrive.

Overview

Foreign companies entering India need clarity on how they may invest, how they may trade and how their intellectual property will be protected. The firm advises on each of these questions as one programme rather than three separate ones.

Indian exporters, in turn, rely on the firm to protect their marks in destination markets and to structure agreements with overseas buyers, distributors and partners.

What we do

Services

  • Market Entry

    A foreign company can enter India through a subsidiary, a joint venture, an LLP, or a branch or liaison office. Each permits different activities and carries different obligations. We help clients choose the route that fits their plans and then see them through incorporation and the registrations needed before they can trade.

  • Foreign Investment

    Investment coming into India from abroad is governed by the Consolidated FDI Policy and the Foreign Exchange Management Act, 1999 (FEMA). We check whether a proposed investment can proceed under the automatic route or needs government approval, and after the funds arrive we assist with the reporting FEMA requires.

  • Cross-Border Agreements

    Once goods or services cross a border, the contract is what a business relies on. We draft and negotiate distribution, agency and supply agreements with overseas buyers, distributors and partners, paying particular attention to governing law, payment and the protection of your intellectual property.

  • Import and Export

    Imports and exports are regulated by the Foreign Trade (Development and Regulation) Act, 1992 and the rules made under it. We advise traders on licences, restrictions and documentation, so that their shipments and contracts stay within the law.

  • Customs and IP

    A customs recordal turns border officers into a first line of defence for your brand. We file recordals for registered rights, advise on keeping them current and guide clients on what to do when a consignment is detained, so the system delivers real results.

  • Export Brand Protection

    A trade mark registered in India does not protect an exporter in Dubai or Rotterdam, and local imitators can register the name first. We plan and handle trade mark registrations in the markets where our clients sell, before expansion rather than after a conflict arises.

Our approach

How a matter progresses

The usual course of a foreign trade and investment matter in India, from first instructions to a final outcome.

  1. Route assessment

    We check the sector against India's FDI policy to confirm whether investment is permitted under the automatic route or needs government approval, and any caps.

  2. Choice of vehicle

    We advise on whether to enter through a subsidiary, a joint venture, an LLP, or a branch or liaison office.

  3. Set-up and registrations

    We incorporate the entity and obtain the registrations needed to trade, including the Importer-Exporter Code and tax registrations.

  4. FEMA reporting

    We file the required reports with the Reserve Bank of India through its FIRMS portal, such as Form FC-GPR within 30 days of issuing shares.

  5. Ongoing compliance and protection

    We handle annual returns, cross-border contracts and the recordal of trade marks with Customs to stop counterfeit imports.

Questions

FAQs

General information only. For advice on your circumstances, please speak to an attorney.

Can a foreign company own 100 per cent of an Indian subsidiary?
In many sectors, yes, under the automatic route. Some sectors are subject to caps, conditions or government approval, so each proposal should be checked against the current FDI policy.
Should a brand be registered in India before entering the market?
Yes. Filing early reduces the risk of a local party applying for the same or a similar mark first, and a registration makes enforcement considerably simpler than relying on prior use alone.

Further reading

Official sources

Primary sources for foreign trade and investment in India, and articles by the firm's attorneys.

All articles

Official sources

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