A technology contract is a regulatory document that happens to have prices in it.
Technology and life-sciences work in India has stopped being purely commercial. A SaaS agreement now carries data-protection obligations with statutory consequences; a licensing arrangement carries export, tax and IP-ownership questions; a medical device carries a regulatory approval before it carries a purchase order. The firm drafts and negotiates with those obligations in view rather than bolted on at the end.
What the practice covers.
SaaS & technology contracting
Drafting and negotiating the agreements that put software and platforms into commercial use — enterprise subscriptions, implementation and support, reseller and channel arrangements, and the service levels, liability caps and exit rights that decide what those agreements are actually worth.
- Enterprise SaaS and subscription agreements
- Master services agreements and statements of work
- Service levels, credits and remedies
- Liability, indemnity and limitation structures
- Reseller, channel and OEM arrangements
- Exit, transition and data return obligations
Data protection & privacy
Advice on India’s data protection regime and how it lands in practice — who is a data fiduciary and who is a processor, what consent has to look like, what happens on a breach, and how obligations are allocated between the parties to a contract rather than merely recited in it.
- Digital Personal Data Protection Act compliance
- Fiduciary and processor role allocation
- Consent, notice and grievance mechanisms
- Cross-border transfer and localisation
- Breach response and notification obligations
- Data processing agreements and audit rights
Patents & intellectual property
Protection and commercial exploitation of intellectual property — patents, trade marks, copyright and confidential information — and the ownership questions that arise when technology is developed jointly, by contractors, or across borders.
- Patent strategy, filing and prosecution support
- Trade mark clearance, filing and opposition
- Ownership and assignment in development contracts
- Trade secrets and confidentiality regimes
- Licensing, royalties and field-of-use terms
- Infringement assessment and enforcement
Pharmaceutical, healthcare & devices
Regulatory and commercial advice for pharmaceutical companies, healthcare providers and medical device businesses — approvals and marketing authorisation, clinical and research arrangements, distribution, and the liability questions specific to regulated products.
- Drug and medical device regulatory approvals
- Clinical trial and research agreements
- Manufacturing, supply and distribution contracts
- Labelling, promotion and advertising compliance
- Healthcare provider and hospital arrangements
- Product liability and recall preparedness
Technology transfer & licensing
Arrangements that move technology and know-how between Indian and overseas counterparties — where the commercial deal, the intellectual property position, the exchange-control regime and the tax treatment all have to be resolved in the same document.
- Technology transfer and know-how agreements
- Collaboration and joint development
- Royalty structuring and payment terms
- Exchange control and regulatory approvals
- Improvements, grant-back and ownership of results
- Termination and post-termination use rights
Representative matter types.
Described generically and without client identification, consistent with Rule 36 of the Bar Council of India Rules.
- Advised a SaaS provider on enterprise contracting in India, including data localisation questions and the allocation of DPDP Act obligations between fiduciary and processor.
- Advised a medical device company on regulatory approval requirements and the structuring of its Indian distribution arrangements.
- Advised on a cross-border technology transfer and licensing arrangement, including royalty structuring and regulatory approvals.
- Advised a technology business on ownership of jointly developed intellectual property and the assignment provisions in its contractor agreements.
- Advised a pharmaceutical company on clinical research agreements and associated regulatory obligations.
No outcome is represented or promised. Past matters are not an indication of the result of any future matter.
Instructing the firm on techno-commercial.
Enquiries are reviewed by a partner. Please keep the first message general — the firm will run a conflict check before it can act.