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, Thought Leadership
Sep 20, 2026

For a startup founder, a cease and desist notice can arrive at an uncomfortable point in the life of a business: when a brand is gaining recognition, a

Is a Cease and Desist Notice Legally Binding in India: Consequences of an IP Dispute for Startups
News & Updates, Thought Leadership
Sep 16, 2026

In the evolving global trade landscape, the transition from informal commercial activity to a structured Intellectual Property (IP) strategy is no longer

Design Registration for MSMEs in India: Necessity, Uptake, and Regulatory Developments
News & Updates, Thought Leadership
Sep 11, 2026

Technology companies building in India are frequently told two contradictory things: that software cannot be patented in India, and that software patents

Software Patents in India Explained: What Can and Cannot Be Patented?
News & Updates, Thought Leadership
Sep 05, 2026

Written by: Dr. Ajai Garg and Siddhant Chamola As Artificial Intelligence has now emerged as a disruptive ecosystem reshaping Global economy,  India’s

India’s Pursuit for Global South AI Leadership through Agentic AI Systems: Navigating Intellectual Property Challenges