Cross-border IP agreements and the India enforcement gap: Why localisation must begin at the drafting stage
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Summary
The contract does not fail everywhere. It fails exactly where enforcement begins.That sentence, stripped of any jurisdiction clause or party name, reflects a pattern appearing with increasing regularity as cross-border commerce deepens its presence in India. Two parties often a foreign licensor and an Indian licensee, or an overseas brand and a domestic distributor enter a relationship governed by a carefully negotiated agreement. The agreement reflects assumptions about courts, remedies, and wh