Intellectual Property: The Dominant Force In Future Commercial Transactions Comprising Mergers and Acquisitions

Authors : Puneet Yadav & Prashant R Dahat

There is a well-established statutory, administrative and judicial framework to safeguard intellectual property rights in India, whether they relate to patents, trademarks, copyright or industrial designs. Well-known international trademarks have been protected in India even when they were not registered in India. The Indian Trademarks Law has been extended through court decisions to service marks in addition to trade marks for goods. Computer software companies have successfully curtailed piracy through court orders. Computer databases have been protected. The courts, under the doctrine of breach of confidentiality, accorded an extensive protection of trade secrets. Right to privacy, which is not protected even in some developed countries, has been recognized in India.

There has been a noticeable pick-up in cross-border mergers and acquisitions in recent months that could signal the beginning of a sustained rise in international takeovers. In last year alone, there were six major Mergers and Acquisitions transactions in which a company in one country acquired the assets and operations of a company in a different country. Continue reading “Intellectual Property: The Dominant Force In Future Commercial Transactions Comprising Mergers and Acquisitions”