Legal support in India for international companies

Foreign businesses working in India usually need the same few things: their brand protected, contracts that work under Indian law, and a clear view of how Indian regulation applies to them.

What the practice handles

  • Trademark filings in India, directly or through the Madrid Protocol
  • Contracts with Indian partners, suppliers and distributors
  • Choosing how to operate in India: a subsidiary, an LLP or an office
  • The DPDP Act for businesses outside India with users in India
  • Employment documents for people hired in India

Protecting a brand in India

A trademark registered abroad does not protect a brand in India. Foreign businesses can apply directly to the Indian Trade Marks Registry, with an address for service in India, or designate India in an international application under the Madrid Protocol. Either way the application is examined under Indian law, and a search of the Indian register before filing is worthwhile, since a similar mark may already be in use here.

Contracts with Indian partners

Distribution, supply, services and licensing agreements with Indian businesses raise questions that are easy to overlook from abroad: which law governs the contract, where and how disputes are resolved, whether an arbitral award or a foreign judgment can be enforced in India, and whether the document needs to be stamped to be admissible in evidence.

Entering the Indian market

A foreign company can operate in India through a subsidiary, a limited liability partnership or, in some cases, a branch, liaison or project office. Each has different consequences for foreign investment approvals, tax and ongoing compliance, and some sectors carry caps or conditions on foreign investment.

Data protection

The Digital Personal Data Protection Act, 2023 applies to processing of digital personal data outside India if it is connected with offering goods or services to people in India. Foreign businesses with Indian customers or users should check how the Act applies to them.

How engagements work across time zones

Meetings are held by video call, and correspondence is in English. Advice is given in writing, so that it can be read and passed on across time zones, and documents are exchanged and signed electronically where Indian law allows.

The practice has advised clients in India, the UAE, the United States, Canada, Japan and Australia.

Relevant services

Contact