FAQs

FAQs

What are the tax implications for foreign businesses operating in India?

Foreign businesses operating in India face several tax implications that need careful consideration to ensure compliance and optimize tax liabilities. Here are the key India business tax implications: Corporate Income Tax (CIT): Foreign companies with operations in India are subject to corporate income tax on profits generated within the country. The standard CIT rate for […] View answer

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How can a foreign company set up a branch office in India?

To set up a branch office in India, a foreign company must navigate several regulatory requirements and compliance steps. Here’s a concise guide to the process, ensuring adherence to India branch office regulations: Application to RBI: The first step is to apply for approval from the Reserve Bank of India (RBI). This is done through […] View answer

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What are the legal requirements for incorporating a subsidiary in India?

Incorporating a subsidiary in India involves several legal requirements and compliance steps to ensure the process aligns with Indian regulations. Here’s a concise guide to help you navigate the India subsidiary setup: Business Structure and Name Approval: The first step is to determine the appropriate business structure, commonly a Private Limited Company for subsidiaries. You […] View answer

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What are the primary business structures available for foreign companies in India?

Foreign companies looking for business incorporation in India have several business structure options. Here are the primary business structures available: Private Limited Company: This is a popular choice for foreign investors due to its limited liability protection and separate legal entity status. This structure restricts the transfer of shares and prohibits public trading of shares, […] View answer

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What are the different types of patent searches in India?

In India, there are several types of patent searches that serve various purposes, each catering to different aspects of the patent process. These searches are crucial for inventors and businesses to navigate the patent landscape effectively. Patentability Search (Novelty Search): This search is conducted to determine whether an invention is new and patentable. It involves […] View answer

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How does the patent examination process work in India?

The patent examination process in India follows a structured approach governed by the Indian Patent Act and involves several key stages in which patent attorneys in India play a critical role. Here’s an overview: Filing and Formality Check: The process begins with filing a patent application with the Indian Patent Office (IPO). Upon receipt, the […] View answer

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What are the common challenges faced by international companies in IP registration in India?

International companies face several challenges when registering intellectual property (IP) in India. One significant issue is the unpredictability in the application of patent laws, particularly concerning the scope of patentable subject matter and navigating pre-grant opposition proceedings​. Regulatory hurdles are a major concern. India’s complex and evolving regulatory framework, with variations across states and sectors, […] View answer

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How can an international company find a reliable IP attorney in India?

Finding a reliable IP attorney in India is crucial for international companies aiming to protect their intellectual property effectively. Here are some steps and considerations to ensure you make the right choice: Research and Referrals: Start by researching top-tier intellectual property law firms in India. Look for firms with a strong reputation and positive client […] View answer

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What common objections are raised during the patent examination in India?

During the patent examination process in India, several common objections are typically raised by the patent office, often requiring careful consideration. These objections can include: Novelty: The invention must be new and not disclosed anywhere else before the filing date. Inventive Step: The invention should involve an inventive step that is not obvious to someone […] View answer

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How can international companies monitor and enforce their IP rights in India?

International companies can monitor and enforce their intellectual property (IP) rights in India by implementing a combination of proactive strategies and leveraging legal mechanisms available in the country. Registration and Legal Consultation: The first step is to ensure that all IP assets are registered with the appropriate Indian authorities. This includes patents, trademarks, copyrights and […] View answer

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