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Seminar onIndia and Japan Working Closely
Overview of Doing Business in India
by Poorvi Chothani, Esq.
LawQuest
www.lawquestinternational.com
May 12, 2008
http://www.lawquestinternational.com/http://www.lawquestinternational.com/
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Company Structure in India
Private Limited Company
Minimum two shareholders and two directors
Minimum paid up capital approx. USD 2500
Public Company
Minimum seven members and three directors
Minimum paid up capital approx. USD 12500 Indian director and
Indian shareholder not mandatory
Registrar of Companies (ROC) - the Statutory Authority
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Foreign Investor Entry Options into India
Liaison Office / Representative Office
Branch Office
Project Office
Incorporation of Company
Franchising
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Foreign Direct Investment
Prohibited Sectors multi-brand retail trading, atomic energy
and agriculture
Sectors subject to cap telecommunication FDI up to 49%permitted,
Insurance 26%
Government permission not required for most other projects
Termed the Automatic Route
Post Facto intimation to Reserve Bank of India (RBI)
required
for Projects Covered by the Automatic Routes
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Special Economic Zones (SEZ)
Duty free import/domestic procurement of goods
100% Income Tax Incentives for Limited Periods
Exemption from Certain Taxes
Single window clearance for Central and Statelevel approvals
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Indian Judiciary System
Three tier structure
Supreme Court at the Apex
State High Courts
Administrative Districts District Courts
Foreign lawyers not permitted to appear in courts
Foreign law firms not permitted entry into India
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Intellectual Property Rights
Trade Marks valid for 10 years and can be
renewedperiodically
Copyrights generally valid for 60 years after the death
of the author Patents valid for 20 years
Owners entitled to civil remedies and criminal*
actions,injunctions damages, seizure and forfeiture of
infringing
matters depending on the nature of the offence
* No Criminal Action available for patent infringements
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IPR and the IT IndustrySome Relevant Differences
Copyrights
Software is entitled to Copyright protection
Certain Embedded Software may merit Patent protection
Works for Hire Employee vs. Under Contract
Fair Use or Fair Dealing
Assignments and Licensing
Patents
Joint Ownership Rules
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Data Protection and Privacy
Indirect Protection
Self Regulation often set high standards to comply with
the laws relevant to the foreign client
Standardization BS7799 and ISO 17799
Physical Measures
Contractual Terms
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Co-Operation Between Japan and India
Information Communications Technology Forum Ministerial Level -
Signedin 2005 Also Signed 3 MoUs at various departmental levels
To implement a Prime Ministerial Level commitment with specific
objectives
To identify and explore the possibility of joint ventures and
stand-aloneprojects in the areas of broadband, mobile
communication, e-governance,information security, research,
development and ubiquitous computing.
The Joint Working Group has had subsequent meetings to further
theobjective
There are several MoUs at inter-governmental levels for
cultural, educationaland other collaborations
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LawQuests Areas of Practice
Commercial Transactions and Business Law
Real Estate Law
Data Protection and Privacy Law
Wills and Trusts
Intellectual Property Law
Security and Banking Law Global Immigration Law - India, US and
UK
Legal Services for the Financial Sector
522 Maker Chambers V,
221 Nariman Point,
Mumbai 400 021, India.Tel: +91 22 6615 6555, Fax: +91 22 2287
2080
Website: www.lawquestinternational.com,
Email id: [email protected]
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