www.skpcrossborder.com October 30, 2003
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Technology buys abroad may be much easier soon

Indian companies or individuals who wish to acquire technology or R&D assets abroad are likely to be freed from most of the restrictive forex control regulations soon.

With swelling forex reserves putting the economy in a robust position, the government has decided to urge the Reserve Bank of India (RBI) to introduce changes in exchange control norms to ensure that these regulations would not hinder acquisitions of technology or R&D assets, irrespective of whether they are of physical assets or intellectual property rights (IPRs).

To start with, the relaxation of forex regulations could be under certain defined parameters and for a few chosen sectors. The proposal is to make the relaxed forex regime available to acquisitions of technology, design, R&D, marketing and distribution as well as physical (manufacturing) assets. The government would, however, keep the ceiling on royalty payment to foreign technology providers at the current levels of 5% for domestic sales and 8% for exports

 
Our Say

The move is likely one of the first steps in the process of India’s transition from service providers to technology owners. Probably the government now thinks that the time has come for India to acquire technology on ownership or partnership basis, rather than by paying of royalty to the technology owner. The move reflects the policy makers’ view that the take-overs or joint ownerships of technology assets in foreign countries would help Indian companies or individuals to make use of them, in concert with the advantageous low-cost manufacturing in India.

 

Recently, the government has, as part of the decision to ease the capitalisation norms for issue of equity to non-residents, allowed domestic partners in joint venture companies to transfer equity shares to a non-resident on payment of royalty, lumpsum fee, in addition to cash payment.

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