It & tmt

Our team prides itself in being tech-savvy lawyers and being guardians of creativity, innovation and thought put into action. Living in times where technology reigns and is moving faster than we can comprehend, we as IT and TMT lawyers have to be a few steps ahead of our Client. We advise on the legalities surrounding cyberlawscyber laws, intellectual property, media, broadcasting but also advise on the business climate and the next steps to optimize their efforts. We draft Master Licensing Agreements, Production Service Agreement, Master Service Agreement of Production, Transmission Access Agreements amongst others, Celebrity Endorsement Agreements amongst others;

We have advised DTH Companies, ISP providers and their rights, Media Agencies, IT transaction disputes, Semiconductor manufacturers. We advise on Technological transfers, advising on complex issues related to interplay of copyright and technology including analyzing software infringement; content licensing (TVOD and SVOD rights), content license based on pay per view (PPV) and Push VOD, conducting IP & IT Audit;We have successfully prevailed on disputes regarding software infringement, IP security issues &cyber crimecybercrime, SMS rights amongst others.

IT & TMT practiceheavilypractice heavily depends on research & development (R&D), the value of patents and other intellectual property protections whichcauserapid company growth. Our team is well equipped adept to handle the technical and legal tangles of this practice.

Intellectual property

• Copyright
• Trademark
• Design
• Geographical Indication
• Patent
• Anti-counterfeiting
• IP Valuation

We have a strong intellectual property practice consisting of lawyers, engineers and patent agents. We are well equipped to steer matters in Copyright, Trademark, Design, Geographical Indication and Patenting. We take each of these Intellectual Property from its nascent stage of ideating and advising, filing, compliances and successfully resolving contentious matters.

We specialize in IP Valuation and have a passion to educate the Indian Businesses regarding IP Valuation, its monetization and the intangible property and the value they hold in their hands.

We structure, conduct due diligence and acquire IP’s for MNC’s and advice on bundling of rights, licensing, assignment for Indian and cross border transactions. We have successfully prevailed on complex copyright and trademark infringement matters and steered unprecedented judgements in our Client’s favour.

We activelycontribute by research and suggestions to the requisite officeswhen a new legislation is being passed. In view of the fast moving IP atmosphere with ‘Make in India’ and ‘Design in India’ projects sphere headed by the PMO office we work with Universities and Government bodies to facilitate the same.

Our team has conducted more than 500 anti-counterfeiting raids and successfully acted as a deterrent for our Client’s IP. As China looks is looking change the wayto secure intellectual property rights are treated in their country, as it is evolvinges from the world’s bootleg hub to top patent owner. The new e-commerce law looks to rid online sales platforms of fake goods and clean up the country’s reputation as a major source of knock-off merchandise and provides a formal framework for the notice-and-take-down procedures that already exist on most e-commerce platforms. This will change the way anti-counterfeiting is tended to on the world stage., our team has conducted more than 500 anti counterfeiting raids and successfully acted as a deterrent for our Client’s.

Food & drug law

The Indian food industry is a collection of intertwined businesses that together supply much of the food energy consumed by the world population and convert’s itself from the field to fork. The Green and White Revolution has taken India to the global stage and has made it ready to introduce itself into major investments supported by that the fact the government has afforded the food industry with numerous reliefs and incentives. The Indian food processing industry is regulated by several laws which govern the aspects of sanitation, licensing and other necessary permits that are required to start up and run a food business. We have worked with some of the largest food and pharmaceutical companies (Jain Aamrus, gufic) in advising and helping them to comply with the strict practices as set out by the new law. The Food Safety and Standard Authorities of India (FSSA) initiates harmonization of India’s food regulations as per international standards and consolidating one act for all food related matters.. It establishes a new national regulatory body, the Food Safety and Standards Authority of India.FSSA provides for separate packaging and labeling regulations known as Food Safety and Standards (Packaging and Labeling) Regulations, 2011 (hereinafter referred to as the “Packaging and Labeling Regulations”) which lay down the statutory and regulatory requirements for packaging and labeling of products.

In the Indian pharmaceutical and healthcare sector, its unique issues in India and the resultant laws and regulations have much to be discussed. . India is home to about 10,500 manufacturing units and over 3,000 pharma companies. India exports all forms of pharmaceuticals from APIs to formulations, both in modern medicine and traditional Indian medicines. The establishment of public pharmacies dispensing generics and the policy and regulatory measures are part of a push to make India an overwhelmingly generic-generic market. India is today one of the top emerging markets in the global pharmaceutical scene. The sector is highly knowledge based and its steady growth is positively affecting the Indian economy. The organised nature of the Indian pharmaceutical industry is attracting several companies that are finding it viable to increase their operations in the country. Subsequent to the introduction of strict patent rules in the area of clinical research led the government to introduce many changes. The government recognized the importance of their regulation and thus developed Ethical and Regulatory Guidelines which is also our area of specialisation.

E-commerce

E-commerce simply put is commerce on the internet.Every law that applies to a transaction outside the ambit of internet would also apply to ecommerce transactions with an added focus on privacy. India’s journey into E-commerce has grown with an unexpected alacrity. The software industry body NASSCOM shows that India’s online market share grew at the rate of 19 percent last year and will touch an estimated US$33 billion in 2017. The Walmart-buyout of startup Flipkart was another example; this unprecedented deal is the biggest in the e-commerce world, with Walmart having acquired a 77 percent stake in Flipkart. The legislations covering the E-commerce business are the Information Technology (IT) Act of 2000, while other aspects of online businesses are covered under laws such as the Payment and Settlement Systems Act of 2007 and the Consumer Protection Act of 1986 amongst others. The vast number of Electronic business transactions/cashless transactions has brought with it the need of strict legislations. Digital payments have innumerable details surrounding it such as electronic consumer transactions, which include payments for goods and services that are made over the internet, mobile payments at point-of-sale (PoS) via smartphone applications (apps), and peer-to-peer transfers between private users. e-commerce draws on such technologies as electronic data interchange (EDI), electronic funds transfer (EFT), enterprise resource planning (ERP), online marketing, customer relationship management (CRM), data mining and data warehousing etc digitalization and multilevel networking. China is looking to secure intellectual property rights as it evolves from the world’s bootleg hub to top patent owner. The new e-commerce law looks to rid online sales platforms of fake goods and clean up the country’s reputation as a major source of knock-off merchandise and provides a formal framework for the notice-and-take-down procedures that already exist on most e-commerce platforms, our team has conducted more than 500 anti counterfeiting raids and successfully acted as a deterrent for our Client’s.

Dispute Resolution

“Whilst some people have a history in creating conflict others create a history in conflict resolution“- Anthony Higginson

Our team has made a habit of settling disputes by carving out a win-win situation for our Client’s and on the flip side aggressively pursuing our Client’s interests through creative solutions and understanding the pulse of the economy and law.

Alternative Dispute Resolution (ADR) is the procedure for settling disputes without litigation, such as arbitration, mediation, or negotiation. ADR procedures are usually less costly and more expeditious. They are increasingly being utilized in disputes that would otherwise result in litigation, including high-profile labor disputes, divorce actions, and personal injury claims.

One of the primary reasons parties may prefer ADR proceedings is that, unlike adversarial litigation, ADR procedures are often collaborative and allow the parties to understand each other’s positions. ADR also allows the parties to come up with more creative solutions that a court may not be legally allowed to impose.

Competitive Intelligence

CI is generally defined as any actionable information that can help an entity compete more effectively.In a stagnant market, CI can help a firm defend existing client relationships by identifying those relationships most at risk, most profitable or most strategically valuable.
CI can also identify trends among our existing client base
1. Can you describe the potential opportunity we have with this company?
2. How did you learn about this company?
3. Can you give me the names of the people you have already met at this company and anyone new that you will be meeting?
4. Have you checked within the firm to see if any of your colleagues have contacts there or have pitched them for work?
5. What legal services are you considering offering them?

Competition

The new Competition Law Act was made necessary with the emergence of various E-commerce portalswebsites, multiple public and private aviation fleets, companies investing in the varied innovation and research and development in intellectual property.Mmerger control, anti – competitive agreements, including cartel enforcement, abuse of dominance, competition advisory, competition audit and compliance have become an essential part of the Competition law practice. The team regularly acts for complainants and for defendants in various conduct/ behavioural inquiries before the CCI, the Competition Appellate Tribunal (“COMPAT”) and the Supreme Court and have representing national and multi -national of India and are currently representing clients in some of the most contentious investigations that are currently underway in India.Preventing abuse of dominant position appears to be one of the key focus areas of the CCI’s enforcement policy.

The Competition Act, 2002 (the Competition Act) empowers the CCI to scrutinize agreements – both horizontal and vertical, to see whether they result in an appreciable adverse effect on competition in the relevant market in India. We have forayed into this area of law and continue to build our practice.Our team has advised numerous domestic and international companies in a number of sectors, on the compatibility of provisions contained in supply and distribution agreements, as well as other exclusive arrangements, cartel investigations, joint ventures etc. for compliance with the provisions of the Competition Act.

Corporate

It is said “Corporate governance is not a matter of right or wrong – it is more nuanced than that.”
Our team with a cumulative experience of over 15 years understand the macro and micro nuances of the General Corporate and M&A practice in India. We update ourselves in tandem with the changing laws and business landscape. We thrive on our expertise on all aspects of the M&A practice such as incorporation (including stock acquisitions), post-acquisition advisory, entity formation, applications for regulatory approvals, corporate secretarial matters, general corporate advisory, takeovers, business / asset transfers, joint ventures, privatizations, buyouts (including LBOs and MBOs), due diligence and advisory on securities and foreign exchange law which also forms a core aspect of the practice many of which have global/ cross border aspects. Apart from drafting and negotiating the entire gamut of transactional documents the team also advises multinational clients on optimal structuring options and India entry/ investment strategies. We have successfully worked with various sectors and our team is well equipped to handle the varied and specific needs of each sectors such as pharmaceutical and health, retail, agriculture, hydro power, oil and gas, automotive, education, real estate, information technology, BPO, E-commerce, infrastructure, textiles, financial service, hotels, hospitals, food, insurance, broadcasting and news media, telecom, etc. In addition to M&A, the team also works extensively on independent transactional matters such as equipment purchase/ supply agreements, distribution/ franchise arrangements, trademark licenses, master service agreements, consultancy/ employments contracts amongst many others.

Finance and Banking

“It is well enough that people of the nation do not understand our banking and monetary system, for if they did, I believe there would be a revolution before tomorrow morning.”
― Henry Ford

Banking and finance law continues to increase in its complexity with the advent of technology, instant banking, a volatile market and varied financial and banking products in the market such as various financial products, including project finance, leveraged finance, distressed debt transactions, debt restructuring, acquisition finance, syndicated lending and structured products. The legal expertise to deal with this subject matter must span across economic, political and regulatory knowledge. Regulation is an absolute necessary, particularly in a sector, like the banking sector, which exposes countries and people to a risk.

Disruptive practices in this sector has changed the way the banking game is played; payment gateways, data protection, identity theft are issues that have become issues which require much more legislation, implementation and pre-emptive action. To keep in tandem with the dynamically changing banking and finance laws, our team strives to keep pace with them….We advise all major public and private sector banks, financial institutions, multinationals, domestic banks, multilateral agencies and non-banking financial companies on their domestic and cross-border transactions and provide a focused, pragmatic approach and highly effective, technology driven transaction management. Clients rely on us for the depth and breadth of our expertise, our intellectual rigour and our proven track record of finding solutions to implement on the transactions we work on.Our reputation is based on a keen commercial sense of what our clients seek to achieve, the quality of our documentation and our ability to deliver a high value service within tight time frames.Advisory related to Insolvency and Bankruptcy Code.