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FEMA stands for the Foreign Exchange Management Act, 1999. It is India’s principal law governing foreign exchange transactions, cross-border investments, payments and financial obligations involving India. FEMA affects Indian residents and entities, non-residents dealing with India, and businesses moving funds, securities, assets or obligations across borders. It regulates, among other things, foreign investment into India, […]
Fathimathul Ahsa · 11 Nov 2026 · 16 minRead →
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The Protocol amending the India–Mauritius DTAA entered into force on 10 August 2026. It adds a principal purpose test (new Article 27B): a Mauritius fund holding Indian investments can now be denied treaty benefits on an item of income if obtaining the benefit was one of the principal purposes of an arrangement. The Protocol contains […]
ATB Legal · 30 Oct 2026 · 20 minRead →
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Short answer: Section 27 of the Indian Contract Act 1872 makes any agreement that restrains a party from carrying on a lawful trade or business void to that extent, and it applies to agreements between businesses as well as to employment contracts, with no general test of reasonableness [1][2][3]. Indian courts have upheld negative covenants […]
ATB Legal · 23 Oct 2026 · 15 minRead →
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Short answer: Under India’s Patents Act 1970 the right to patent an invention starts with its inventors, and a company may apply for a patent only as their assignee, so each party to a joint development agreement needs written assignments from the employees and contractors who do the work [1][2]. If the parties end up […]
ATB Legal · 23 Oct 2026 · 15 minRead →
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Short answer: Since 15 July 2026, UK businesses can use the India–UK trade deal, formally the UK–India Comprehensive Economic and Trade Agreement (CETA), and the separate Double Contributions Convention (DCC) for three things: lower Indian tariffs on goods that meet the rules of origin, up to 60 months in UK National Insurance for staff sent […]
ATB Legal · 22 Oct 2026 · 15 minRead →
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Short answer: The EU–India trade deal (formally the EU–India free trade agreement) was concluded on 27 January 2026 and sent to the Council for signature and conclusion in September 2026, but as at 12 October 2026 it is neither signed nor in force; signature is reported for December 2026 and entry into force for early […]
ATB Legal · 22 Oct 2026 · 16 minRead →
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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 […]
ATB Legal · 22 Oct 2026 · 21 minRead →
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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 […]
ATB Legal · 22 Oct 2026 · 16 minRead →
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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 […]
ATB Legal · 22 Oct 2026 · 16 minRead →
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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 […]
ATB Legal · 21 Oct 2026 · 16 minRead →