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How Indian Companies Can Protect Their Brand From Online Trademark Infringement

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  In a world where businesses have shifted their weight significantly to the digital platform, online trademark infringement in India has become one of the most significant legal issues. The threat is broad and evolving, this includes counterfeit listings on major marketplaces, domain name squatting, and social media impersonation. For Indian companies, understanding this threat and developing a strong strategy is no more an option but a business imperative. Understand Online Trademark Infringement in India Trademark infringement occurs when an unauthorised party uses an identical or deceptively similar mark to a registered trademark which causes confusion in the minds of consumers. In the era of digital economy, it takes many forms like counterfeit products being listed on online shopping platforms, deceptively similar-sounding domain names are registered, fake social accounts impersonating official brands are created, online advertising is done using a competitor’s trademark, and...
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India Entry Strategy For Dutch Agritech, Logistic And Sustainability Companies

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  For German SMEs eyeing India's booming market, the excitement of new revenues from a new India market entry can quickly turn into a compliance nightmare. Many companies unknowingly create a Permanent Establishment (PE) which is a taxable presence under the Indian law, without ever opening an office. A distributor who negotiates too freely, an engineer visiting too often, a subsidiary used the wrong way: each can silently trigger Indian corporate tax liability stretching back years, with penalties up to 200% (two hundred percent) of tax evaded. What Is a Permanent Establishment Under the India-Germany DTAA? The presence of a PE in India acts as a taxable nexus, triggering source-based taxation — it is the demarcation line between non-taxable and taxable presence. Under Article 5 of the India-Germany Double Taxation Avoidance Agreement (DTAA), in force since 1996, a PE arises through a fixed place of business, a dependent agent, sustained service delivery, or a construction proje...
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Sector-Specific FDI Rules for Establishing Business in India

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India has firmly established itself as a preferred destination for global capital, owing to its liberalised, transparent, and increasingly investor-friendly Foreign Direct Investment ("FDI") policy framework. While entry into several sectors has been considerably simplified, India's FDI regime continues to be sector-specific, governed by regulatory thresholds, entry conditions, and procedural obligations. Against this backdrop, engaging a qualified FDI law firm India has become indispensable for foreign investors seeking to navigate the nuances of this evolving regulatory landscape with confidence and precision. India's commitment to attracting foreign capital is reflected in its remarkable investment inflows. According to data released by the Ministry of Commerce and Industry, India recorded FDI inflows of USD 81.04 billion in Financial Year 2024–25, a significant rise from USD 71.28 billion in Financial Year 2023–24. This upward trajectory reinforces India's st...
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Downstream Investment and its legal framework

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  The economic development of India has witnessed a significant boom and by infusion of foreign direct investments from all across the world. Foreign direct investment is said to be undertaken when an entity registered out of the borders of the country invests in India. The Government of India formulated the   Foreign Direct Investment Policy (“ FDI Policy ”)   to regulate the various foreign direct investments in India. With foreign investments gradually occurring in debt instruments and non-debt instruments, there was a requirement for a proper regulatory structure with respect to investments specifically in non-debt instruments, for instance, investments in equity instruments in incorporated entities, LLP capital participation, investments in alternative investment funds, instruments notified under the FDI Policy. Further, foreign direct investments in India may further be undertaken indirectly by different foreign entities, by channelizing the investments through an e...
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Understanding FDI Regulations Before Setting Up a Business in India

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India has rapidly emerged as one of the world's most sought-after destinations for foreign direct investment. For any overseas entrepreneur or corporation planning to enter the Indian market, understanding the FDI regulatory framework is an indispensable first step — and increasingly, global investors are partnering with experienced FDI consultants in India to navigate this landscape efficiently and compliantly. The FDI Framework in India India's FDI framework is governed primarily by the Foreign Exchange Management Act, 1999 (FEMA), the Consolidated FDI Policy (effective October 15, 2020), and directions issued by the Reserve Bank of India (RBI), alongside policies formulated by the Department for Promotion of Industry and Internal Trade (DPIIT). Together, these instruments define sectoral caps, permissible investment routes, and compliance obligations. To encourage global participation, India has opened 100% FDI across major sectors — including defence, telecom, e-commerce, ...
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