Corpus Juris Legal · Delhi NCR
IP Licensing Lawyer in India
Your IP can generate revenue while you sleep — if the licence is structured correctly.
200+
IP Licences Drafted
50+
Technology Transfers
100%
FEMA Compliant Structures
Why Businesses Choose Corpus Juris Legal
Intellectual property licensing in India transforms static IP assets into income-generating instruments. Technology licensing, brand licensing, franchise arrangements, and open-source management all involve IP licence structures that must be carefully designed to: protect the licensor's ownership, define permitted use precisely, set commercially appropriate royalty terms, comply with FEMA for cross-border licensing, and include dispute resolution mechanisms that reflect the commercial relationship. Corpus Juris Legal drafts and negotiates IP licences across all categories — patents, trademarks, copyright, trade secrets, and technology know-how.
- Patent licensing — exclusive, non-exclusive, field-of-use restrictions
- Trademark and brand licensing for franchise and distribution structures
- Technology transfer and know-how licensing agreements
- FEMA compliance for royalty remittances to foreign licensors
- Source code and software escrow arrangements
- IP licensing dispute resolution and termination
Frequently Asked Questions
What FEMA requirements apply to royalty payments from India to a foreign licensor?+
Royalty payments for technology licensing to foreign licensors were historically subject to RBI approval and caps. Post-liberalisation, there are no separate RBI caps on royalty rates — however, the payment must be at arm's length (transfer pricing rules apply), reported in the company's annual FLA Return, and withholding tax (typically 10-15% under DTAA) must be deducted at source.
What is the difference between a licence and an assignment of IP?+
A licence grants permission to use IP while ownership remains with the licensor — it can be revocable, limited to territory, field of use, or time. An assignment transfers ownership of the IP entirely (or for a specified territory, for patents) to the assignee. Both must be in writing; patent and trademark assignments must be registered with the IPO to be effective against third parties.
What are source code escrow arrangements and when are they needed?+
Source code escrow involves depositing software source code with a neutral third-party agent. The code is released to the licensee if the licensor goes insolvent, stops maintaining the software, or breaches the licence. Enterprise software buyers increasingly require escrow for mission-critical software where the ability to maintain and modify the code independently is essential.
Structure Your IP Licence
Speak directly with a partner. No juniors, no call centres, no runaround.