here is no statutory guarantee against nationalization, but nationalization is very rare. No foreign private investment will be expropriated or nationalized except for public purposes and for adequate compensation. The courts are not able to decide the question of adequacy of compensation but may intervene if the determination of compensation has been arbitrary, etc.
Investment protection agreementsLater developments:
India has concluded bilateral investment promotion and protection agreements with France, Germany, Russia, the United Kingdom, the United States and a number of other countries. As of December 2013, India had signed bilateral investment promotion and protection agreements with 83 countries, out of which 72 agreements have already come into force. Protocols with Bulgaria, Czech Republic and Romania have also been signed and are in force. The Indian government released the Model Text for the Indian Bilateral Investment Treaty on 30 December 2015.
These treaties provide that investment from the partner country will be given national treatment (treated on a par with Indian companies), and investors are given most-favoured-nation status. The treaties also provide for dispute settlement and guarantees against nationalization, and they allow repatriation of returns on investments without undue delay.
Other Intellectual property protectionIntellectual property protection in India is mainly regulated by the following laws:
The main administrative agency is the Controller General of Patents, Designs, Trademarks and Geographical Indications, which functions under the DIPP.
The Indian Trademark Law follows the international classification. Apart from being a member of the WTO, India is also a signatory to the Paris Convention for the Protection of Industrial Property, the Patents Cooperation treaty and the Budapest treaty, and it is also an active member of the World Intellectual Property Organization.
