Skip to main content

Safir Anand and Swati Sharma identify the different options and the processes behind licences in India.

A foreign licensor can establish business in India either by way of a joint venture or foreign direct investment (FDI) or by establishing a liaison office in India. There are no restrictions on the establishment of a business entity by a foreign licensor or a joint venture involving a foreign licensor.

Foreign companies may appoint licensees in India to sell their products as per the terms of the licence agreement. Licensees typically pay fees to the licensor by way of royalty and technical know-how fees. Until 2009, as per the guidelines of the government of India, royalty payments at the rate of 8 per cent on exports and 5 per cent on domestic sales (without any restriction on the duration of payment) and a lump sum payment not exceeding US$2 million (in the case of technology transfer) could be paid directly through an authorised dealer.

This chapter was published in Getting the Deal Through: Licensing 2017.

To continue reading, please contact us at email@anandandanand.com

Most Recent

News & Insights

VIEW ALL
News & Updates
Nov 26, 2025

Authored by Pravin Anand There are areas of intellectual property law where one can sense, quite literally, the convergence of disciplines that do not

When Art Meets Science in Trademark Law: Reflections on India’s First Smell Mark
Thought Leadership
Nov 25, 2025

First published on Lexology. Authored by Vaishali R Mittal In a landmark moment for Indian intellectual property law, the Trademarks Registry has accepted

Scenting the Future: How India’s First Smell Mark Application Aligns with Global Jurisprudence
Thought Leadership
Nov 21, 2025

We are proud to share that the Trade Marks Registry of India has, for the first time, accepted an olfactory (smell) mark for advertisement — “Floral

A Landmark First for Indian Trademark Law
News & Updates
Nov 15, 2025

APPA president Hari Subramaniam congratulates Pravin Anand for receivng the APPA Enduring Impact Award in Kuala Lumpur. ‘First published on India Business

IP expert Pravin Anand honoured with prestigious APAA award