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Registration and Protection of Intellectual Properties (IP) of IT and IT Enabled Services

Timely intellectual property (IP) audits are critical while working on new designs, software, research, and other projects. To avoid infringement, it's critical to register the appropriate trademark, patent, and copyright claims. Because IPRs are country-specific, it is critical in a global economy to examine and determine the kind and degree of protection provided to them. India has fulfilled its responsibilities under the Agreement on Trade-Related Intellectual Property Rights ("TRIPS") by revising existing statutes and introducing appropriate legislation. Some laws which Some laws which govern the IP laws in India are The Copyright Act, 1957, The Design Act, 2000, TRIPS, The...

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Taxation of Foreign Companies for Foreign Direct Investments (FDI) in IT and IT Enabled Services

In India, the taxability of the payment to the foreign corporation will be determined by how it is classified. Depending on the nature of the transaction, payments paid by an Indian corporation to a foreign entity might be classified as royalties, fees for technical services, capital gains, or commercial earnings. If the payment is classified as royalty, it is subject to a 20% gross withholding tax (which may be lowered under the conditions of a Double Taxation Avoidance Agreement ("DTAA") between India and the foreign company's home country). When making a payment or crediting the amount in its books to...

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Incorporation, Licenses & Permits for Foreign Direct Investments (FDI) in IT and IT Enabled Services

This is accomplished through three channels which are the links between FDI and international trade flows, spill-overs and other inefficiencies in the host nation business community, and direct effect on structural elements in the host economy. The government took advantage of the opportunity to promote IT start-ups by easing regulatory requirements and providing tax breaks. It was created to assist aspiring entrepreneurs, particularly those in the process of turning their research findings into company concepts. Documents required for Incorporation of a Company for Foreign Direct Investments (FDI) in IT and IT Enabled Services Some documents are mandatory for a foreign company or an...

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Investment Routes to India Entry for Foreign Direct Investments (FDI) in IT and IT Enabled Services

The Foreign Direct Investment Policy (FDI Policy) established by the Department of Industrial Policy and Promotion (DIPP) imposes foreign investment standards as well as a cap (i.e. limit) in specific industrial sectors. These policy changes are intended to make the operating of business easier and to speed up with the rate of foreign investment in the nation. The government has taken a number of effective steps to streamline the Foreign Direct Investment policy. Furthermore, many activities have recently been converted to unrestricted sectors where 100 percent Foreign Direct Investment is allowed. Routes to India Entry for Foreign Direct Investments (FDI) in...

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Government Incentives, Schemes and Packages for Foreign Direct Investments (FDI) in IT and IT Enabled Services

India has established itself as the world's leading BPM destination, with the IT-BPM industry accounting for 45 percent of overall Indian service exports. With 4.1 million employees, the industry has the biggest number of employers in the private sector. As a result, it is not unexpected that the state has relaxed foreign investment restrictions in order to promote greater FDI in India's IT sector. Developments in IT and IT Enabled Services In 2018-19, India's IT and BPM sector rose to USD $181 billion. In FY19, industrial exports climbed to USD $137 billion, while domestic revenue surged to USD $44 billion. In FY19,...

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Government Incentives & Schemes for Foreign Direct Investments (FDI) in India: Clothing & Apparel Industry

Introduction In India, the central government encouraged the textile industry in both direct and indirect ways. The textile sector in India plays an essential role in the country's economy. It produces around 4% of the country's GDP and employs millions people directly and indirectly. The Indian market is flourishing and thriving in the domestic and global market. Initiatives by Government in Textile Industry: The government in the case of automatic route has approved 100% FDI in the marketing industry, with a requirement that about 30% of the merchandise be sourced locally. This has increased domestic production as well as attracting multinational companies...

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Investment Routes for Foreign Direct Investments (FDI) in India: Clothing & Apparel Industry

Introduction Non-Resident Indians (NRIs) can invest in shares, statutorily and completely convertible debentures, or compulsorily and entirely convertible preference shares of an Indian firm through two methods under the FDI Scheme. As per the Automatic Route, a foreign investor or an Indian firm does not need the Reserve Bank or the Government of India's permission to invest. The Government Route need prior consent from the Indian government. The Foreign Investment Promotion Board considers proposals for foreign investment through the government channel. Any foreign investor interested in investing in India can do so by forming a corporation, or forming a joint venture with...

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Incorporation, Government Licenses & Permits for Foreign Direct Investments (FDI) in India: Clothing & Apparel Industry

Introduction: India's textile and garment business is currently one of the country's most competitive and prosperous economic sector. This industry is responsible for roughly the same percent of India's total exports year after year. This garment business is well-positioned to prosper in the next years, due to strong local and international demand. Incorporation of Company by Foreign Investors: By submitting eForm FC, any foreign corporation can open a business in India. The company is responsible for filling out this information. The eForm must be signed digitally by a foreign company's authorised representative. For foreign business directors, there is no requirement to...

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Taxation Liabilities for Foreign Direct Investments (FDI) in India: Clothing & Apparel Industry

Textile industries contribute significantly to the growth of the Indian economic growth in terms of Gross Domestic Product (GDP), export marketing, employment, and so on. In India, this is one of the earliest industrial industries. It is the second biggest sector, behind agriculture, in terms of job opportunities for both skilled and unskilled workers. The textile industry accounts for more than 10 percent of total exports. Tax on basis of sectors of Textile Industry The textile industry is categorized into two: unorganised and organised. Hand-loom, medium and small industries, handicrafts, make up the unorganised sector, while the organised sector includes spinning, garments,...

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Protection of Intellectual Properties (IP) for Corporations: Clothing & Apparel Industry

Introduction A thorough grasp of IPR is required to strengthen the textiles industry in terms of increased production, quality, and innovation. Innovation, originality, and uniqueness are the foundations of a successful fashion and textile industry. To date, textile and fabric innovation has revolutionised three major industries: apparel, home furnishings, and advanced textiles. Wearables are also more lasting, comfortable, and appealing thanks to the use of resistant fabrics, smart cotton, and activewear. As a result, the inventions increased the value of the textile and fabric industry's intellectual capital. Some of the ways through which a company can protect their uniqueness is through...

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