Insights
Articles by ATB Legal
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India–US Trade Deal (2026): Status, Tariffs and What is Legally in Force
Short answer: As at 12 October 2026 there is no signed India–US trade deal: on 6 February 2026 the two governments announced only a framework for an Interim Agreement, and apart from the US removing its extra 25% “Russian oil” tariff from 7 February, neither side has implemented its tariff commitments [1][5]. The 18% US […]
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Trade Secrets in India: Protecting Know-how Without a Trade Secrets Law
Short answer: India has no trade secrets statute, so confidential business information and know-how are protected through contract, the court-made duty of confidence and, at the margins, criminal and information technology law [1][2]. Indian courts protect genuinely confidential information, including after a relationship ends, but section 27 of the Indian Contract Act voids restraints of […]
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Foreign Filing Licence in India: Filing Abroad for Inventions Made in India
Short answer: A foreign filing licence in India is the written permission from the Controller of Patents that a person resident in India needs before applying for a patent outside India, unless an Indian application for the same invention was filed at least six weeks earlier and no secrecy direction applies (section 39 of the […]
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Form 27 Patent Working Statements in India: What Foreign Patentees and Indian Licensees Must File
Short answer: Form 27 is the statement that every patentee and every licensee of an Indian patent must file on whether the invention has been worked on a commercial scale in India, under section 146 of the Patents Act 1970 [1]. Since the Patents (Amendment) Rules 2024 it is filed once for each block of […]
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India AI regulation: the rules that apply to foreign companies offering AI in India
Short answer: India AI regulation works through general laws rather than an AI-specific statute: the Government’s account of its framework, given to Parliament in August 2026, rests on the Information Technology Act 2000, the IT Rules 2021 and the criminal code, while MeitY’s India AI Governance Guidelines of November 2025 set a risk-based policy framework […]
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Outsourcing to India: What the IT or BPO Vendor Contract Must Cover
Short answer: Outsourcing to India runs on the contract, because Indian law gives a foreign client few protections by default: ownership of deliverables, data handling, service levels, staff, exit and dispute resolution all have to be written into the vendor agreement. Copyright in code and other work product starts with the vendor or the individual […]
Intellectual Property
Trademark application in India for foreign brand owners: Madrid or national filing, search, timeline and cost
Short answer: A foreign brand owner can protect a mark in India by filing a national trademark application with the Trade Marks Registry or by designating India in an international application under the Madrid Protocol, which has applied to India since 8 July 2013 [1][2][3]. On either route the Indian Registry examines the mark under […]
FDI Advisory
Joint Venture in India or Acquisition? Deal Structure, FEMA Rules and Shareholder Protections (2026)
Short answer: Under Indian law, a joint venture in India, an acquisition of an Indian company and a greenfield subsidiary all face the same exchange-control rules whenever the other party is Indian resident: a fair-value price floor, a 25% cap on deferred or escrowed consideration for up to 18 months, and no put option with […]
FDI Advisory
FDI in India: Rules, Routes and Approvals for Foreign Investors (2026)
Short answer: FDI in India is permitted up to 100% under the automatic route in most sectors, including manufacturing, telecom and, since 2 May 2026, insurance: no prior approval, only filings with the Reserve Bank of India (RBI) after the money arrives [1][2][5]. Government approval through the National Single Window System (NSWS) is required in […]
FDI Advisory
India Bilateral Investment Treaty Protection: How to Secure Your Investment Before a Dispute
Short answer: New investment sent into India directly from the UK, the EU (except Lithuania) or the United States has no bilateral investment treaty protection, so protection has to be built before the money goes in: contract clauses seated where an award can be enforced, immunity waivers from state counterparties, and political-risk insurance for the […]
International Trade
India Free Trade Agreements: Tracker of Every Deal and Negotiation (2026)
Short answer: India has 22 trade agreements in force at 15 October 2026 by this page’s count: 16 free trade agreements (FTAs), from the 1998 Sri Lanka FTA to the UK CETA in force since 15 July 2026, and 6 narrower preferential trade agreements (PTAs) [1][2][3][4]. The New Zealand FTA enters into force on 20 […]
Cybersecurity
DPDP Act for foreign companies and offshore processors: what India’s Digital Personal Data Protection Act requires and when
Short answer: India’s Digital Personal Data Protection Act 2023 (the DPDP Act) applies to processing of digital personal data in India, including by an Indian subsidiary or global capability centre (GCC), and to processing abroad connected with offering goods or services to people in India [1]. The Act’s main obligations, including the offshore reach, breach […]