Biswajit Sarkar, Advocates - IP AttorneysAn IP Law firm with global practices
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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 entryChoice of vehicle for foreign businesses in India
  • Foreign investmentAdvice under the FDI policy and FEMA
  • Cross-border agreementsDistribution, agency and supply contracts
  • Import and exportAdvice on the foreign trade framework
  • Customs and IPBorder recordal of intellectual property
  • Export brand protectionRegistration in destination markets

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

From our blog

Articles by the firm's attorneys on foreign trade and investment.

All articles

Official sources

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