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NAYANTARA MALHOTRA

principal Consultant - INTELLECTUAL PROPERTY


Asaya Legal’s Intellectual Property Rights practice is overseen by Nayantara Malhotra. Nayantara and her team of seasoned patent, design and IP litigation attorneys possess over 35 years of collective experience in the field of intellectual property rights, and assist clients with all facets of trademarks, patents, copyrights, industrial and integrated layout circuit designs, trade secrets, geographical indications and fashion law. The team not only helps clients protect and leverage their IP in India, but also internationally.

She regularly assists clients with a wide range of services, including devising pre-filing strategies, handling filing and prosecution, filing and managing oppositions and rectifications, defending applications, registrations and use, and engaging in pre-litigation enforcement through legal notices, take-down notices and investigations. She also assists clients with litigation, drafting agreements, resolving domain name disputes, recordal of IP with custom authorities, structuring settlements and negotiations and managing and maintaining portfolios. She and her team have longstanding expertise of assisting large international and domestic multinationals, SMEs, start-ups and individuals across multiple industries including electrical & electronics, F&B, pharmaceutical, media and entertainment, retail, fashion, hospitality, cosmetics, publishing, vehicle, logistics, etc.

In IP disputes, Nayantara is known for helping her clients avoid high costs and lengthy timelines associated with protracted litigation. By employing strategic steps and negotiations, she not only helps clients resolve disputes in a timely and cost-effective manner but also obtain results that are consistent with their broader business goals.

Nayantara’s meticulousness, ethics and her unwavering commitment towards her clients, make her a trusted and go to advisor for those who seek to protect, leverage and expand their portfolios effectively and comprehensively.

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With vast experience in navigating the competition law landscape, our partners represent clients at various fora, including the National Company Law Appellate Tribunal, High Courts and the Supreme Court. The team advises on the full bouquet of antitrust and competition issues, including competition investigations, litigation, compliance, advisory, merger control, domestic and cross border joint ventures, collaborations, distribution and supply arrangements, commercial transactions relating to acquisitions, mergers, and amalgamations. Our competition law practice with multi-jurisdictional experience advises on the full spectrum of competition law matters, including cartels, abuse of dominance, compliance counselling & competition audits. With vast experience in navigating the competition law landscape, our partners represent clients at various fora, including the National Company Law Appellate Tribunal, High Courts and the Supreme Court. The team advises on the full bouquet of antitrust and competition issues, including competition investigations, litigation, compliance, advisory, merger control, domestic and cross border joint ventures, collaborations, distribution and supply arrangements, commercial transactions relating to acquisitions, mergers, and amalgamations. Our competition law practice with multi-jurisdictional experience advises on the full spectrum of competition law matters, including cartels, abuse of dominance, compliance counselling & competition audits.
Anti-trust & Competition
Asaya Legal’s leading asset management and funds practice provides the full spectrum of legal services variety of sectors and market stages in : -Structuring and establishment of investment platforms (including blind pool funds, managed accounts, and advisory arrangements) -Co-investment structuring -Carried interest and compensation arrangements -Buy-outs, spin-offs, joint venture investment arrangements, sidecar funds and secondaries -Fund-related disputes, extensions and restructuring
Asset Management & Funds
Our team advises on a broad range of domestic and cross-border lending transactions for lenders, investors, and borrowers across the credit spectrum. Few of the key areas include financing, corporate funding, loan against shares, real estate finance, debt, securitisation, bond, private placements to domestic as well as foreign portfolio investors, restructuring and insolvency.
Banking & Finance
We recognize the significance of well-crafted, enforceable contracts that protect your interests and minimize risks. With our in-depth knowledge and experience in commercial contract law, we are committed to navigate the complexities of contractual relationships at various stages : Contract Drafting Contract Review and Negotiation Compliance and Risk Assessment Dispute Resolution Contract Management Our team specializes in providing comprehensive legal services in the area of commercial contracts including sale and purchase agreements, service agreements, licensing and intellectual property agreements, distribution and supply agreements, joint venture and partnership agreements, confidentiality and non-disclosure agreements, franchise agreements, consulting and professional services agreements, etc.
Commercial Contracts
Asaya Legal is well-equipped to steer a transaction from start to finish. The team advises companies, shareholders, partnerships, and other business entities on a range of transactional and regulatory matters, and provides strategic, tailor-made, and comprehensive corporate advisory services. The team assists clients in legal advisory and regulatory compliances ranging from the incorporation of companies, director change, obtaining various approvals from RoC, conversion of status of company, charge management, annual compliances, winding up, etc.
Corporate
Asaya Legal regularly handles a significant volume of routine civil and commercial disputes. Our team has been involved in several prominent and landmark cases in Supreme Court and is also well known in the legal fraternity and the Bar for their phenomenal experience in litigating in various fields of law including Constitution matters, PIL’s, Real Estate, Consumer Disputes, Insolvency & Bankruptcy, Competition, Companies Act, SARFAESI, White Collar Crimes, Defamation, Cyber laws etc. Our team regularly appear before the Supreme Court of India, High Courts, District Courts, Tribunals and Commissions including National Company Law Appellate Tribunal, National Company Law Tribunal, National Consumer Dispute Redressal Commission, National Green Tribunal, Appellate Tribunal for Electricity, etc. We are particularly well placed to assist clients on strategy from a litigation perspective, thoughtfully draft the pleadings and represent them before the concerned Court.
Constitutional, Civil & Commercial
Our dispute resolution practice encompasses mediation and arbitration services on behalf of our clients, both domestically and internationally. We skilfully negotiate settlement agreements when suitable and provide robust representation for our clients in defense of these claims across various forums, including courts, administrative agencies, and domestic arbitration proceedings in India. We also have extensive experience in representing our clients before the High Courts and Supreme Court in proceedings arising out of arbitrations including for securing interim relief prior to the constitution of an arbitral tribunal, appointment of arbitrators, challenges to arbitral awards, foreign judgments & interim orders passed by arbitral tribunals and in enforcement proceedings.
Dispute Resolution
From individual employee disputes, workplace or policy issues, to employee retention, retrenchment & restructuring, we help clients across sectors to identify, plan and implement effective risk minimisation strategies. Through this practice, we offer effective and efficient solutions for all employment-related legal matters, working seamlessly with our other practice areas, including litigation, tax, information technology, data protection and intellectual property to deliver holistic advice to our clients. Our Team advises on matters of confidentiality agreements, employee compensation and benefits, structuring bespoke remuneration and retention policies, compliance with social security laws, leave entitlements, wage and hour regulations, senior management hiring and exits, workforce reorganisations and right-sizing exercises, closure of businesses, diligences and employee transfers in business acquisitions, structuring varying forms of employment contracts and engagement models, arrangements with contract workers and contingent workforce, separation and exit documentation, restrictive covenants, employee handbooks and policies, conducting statutory and other workplace training, disciplinary matters, trade union disputes and settlements and more.
Employment & Industrial Relations
Technology is driving rapid change in the financial industry. Traditional players are harnessing innovation to power digital transformation, and new market entrants are challenging existing industry models. Asaya Legal advises financial services providers and other market participants overcome the challenges and capitalize on the opportunities that the digital frontier presents around the world. Our team provides vital strategies to navigate the dynamic FinTech landscape and advise on the full spectrum of legal and regulatory matters in financial services regulatory, payments, data protection and cybersecurity, VC fund formation and investments, corporate financings, cryptocurrencies and other crypto assets, blockchain, smart contracts, and financial crime. Asaya Legal assists clients in legal domain leveraging or investing in financial technology opportunities, such as AI advances, crypto currency adoption, block chain technology and the application of big data processes; merging or acquiring FinTechs, or enter into joint ventures or new contractual relationships; entering the market and needing support to navigate regulatory hurdles; and expanding their existing reach.
Fintech & Crypto currencies
Asaya Legal values your intellectual property rights and ensure that it is safeguarded in every possible manner. To assist our client in the most effectively, we collaborate with our Of-Counsel, Nayantara Malhotra (Founder – Ostara Legal), to provide the best Intellectual Property Rights solutions as below : IPR = Advisory, Planning, Searches, Prevention,Planning, Objections, Submissions, Preparations,Strategies,Protection, Defense, Cease and Desist Notices, Infringement Suits,Caveats, Injunctions etc. PATENTS – Drafting Patents, carry out exhaustive research for your patent claim, advise on safeguarding IPR, infringement suits etc . TRADEMARKS – Advise, register, search, monitor and defend the trademark. Our firm is specialised for all Trademark requirements be it filing TM , submission on objections on TM, cease and desist legal notices, Caveats, Trademark infringements suits, etc in India . COPYRIGHTS & DESIGN – Strategically advise, protect and safeguard all your IPR rights over your Copyrights & Designs.
Intellectual Property
Our Team advises clients in regulatory, policy and compliance issues on information technology, outsourcing, data privacy and protection, and contractual and interconnection agreements. Additionally we are adept in counselling and litigation related to technology laws & issues, competition and regulatory aspects. Our key areas of practice include media & entertainment, fintech, data protection and privacy, and a host of other emerging technologies such as crypto and virtual currency, blockchain, OTT platforms, e-commerce, online gaming, IoT, artificial intelligence, cloud computing, health tech, AR/VR, digital maps, drones, robotics, etc.
Information Technology & Outsourcing
Our Team has been at the forefront of providing guidance to a wide range of clients ever since the enactment of the Insolvency and Bankruptcy Code, 2016 (IBC). Our expertise extends to lenders, creditors, borrowers, debtors, bidders, investors, interim resolution professionals (IRPs), resolution professionals (RPs), and liquidators. Throughout this journey, we have actively contributed to the evolving jurisprudence and law, while staying well-versed in the intricate details surrounding stressed assets and non-performing loans. Our team excels in offering tailored solutions for special situations, and comprehensive assistance at every stage of the process. From formulating a strategyi to secure a claim, selecting the appropriate IRP/RP, initiating insolvency proceedings, guiding and advising the IRP/RP, committee of creditors (CoC), and resolution applicants, all the way to providing insights on corporate debtor liquidation—we cover the entire spectrum. Our proficiency in insolvency law empowers us to provide practical and effective advice to our clients, ensuring they achieve their desired outcomes.
Insolvency and Bankruptcy
Asaya Legal offers comprehensive solutions in this dynamic and evolving field. With a deep understanding of the intricacies and complexities of global trade regulations, we provide invaluable guidance to Indian businesses engaging in cross-border transactions. Our team assists clients in navigating international trade agreements, customs regulations, export controls, sanctions, and trade remedies. We offer strategic advice on trade compliance, risk management, dispute resolution, and market access. We also provide assistance in obtaining necessary approvals and clearances from regulatory authorities.
International Trade
Whether it's creating a comprehensive estate plan, establishing trusts, or managing complex estate administration, our firm is committed to delivering exceptional legal services to protect our clients' legacies and provide peace of mind for themselves and their loved ones. Our team guide clients through the process of drafting and executing wills, taking into account their unique circumstances and objectives. We assist in formulating personalized estate plans that encompass asset distribution, guardianship arrangements, charitable giving, and other important considerations whether in India or overseas. Additionally, we provide expert advice on estate tax planning, helping clients minimize tax liabilities and maximize the preservation of their wealth for future generations. Our team is well-versed in navigating the legal requirements and intricacies of estate administration, including probate proceedings, trusts, and other estate planning instruments.
Wills, Estate Planning and Private Client
Our legal advice for startups in India aims to revolutionise the approach taken by Startups, in a way that our clients seek our services at every step without having to worry of exorbitant legal costs. Hence for legal support for startups, we work with our clients in a manner that is the most cost-effective for them and eliminate any apprehension that they might have in approaching lawyers for advice. To keep it cost-effective and feasible for startups to engage our legal support for startups, we have designed a plan where we take care of all their legal needs, right from the incorporation of the company, it’s registration and recognition as a Start-up, taking care of mandatory compliances, helping them procure funding, drafting and vetting their contracts, filing their statutory compliances, making applications for IPR, taking care of their taxation and audits as well as designing exit strategies for start-ups when required. Asaya Legal provides is a one stop solution for all the legal, structural and regulatory solutions specifically catering to entrepreneurs and startups to guide them through all phases of their growth process, including incorporation, structuring, compliances, funding options, employee stock options, amongst others.
Startup & MSME Assistance
Our practice in the area of mergers and acquisitions (M&A), providing comprehensive legal expertise and strategic guidance to clients involved in complex corporate transactions. With a thorough understanding of Indian and international M&A laws, regulations, and best practices, we assist businesses in navigating the intricacies of mergers, acquisitions, joint ventures, and corporate restructuring. Our team possesses extensive knowledge in drafting and negotiating transaction documents, conducting due diligence, and managing regulatory compliance. We provide valuable insights and strategic advice to clients at every stage of the M&A process, from deal structuring and negotiation to post-closing integration. We take a holistic approach, meticulously analyzing the legal, financial, and commercial aspects of each transaction to ensure our clients' interests are protected and their objectives are met. Our practice extends across diverse industry sectors, enabling us to handle both domestic and cross-border transactions with ease.
Merger & Acquisitions
Our firm houses a specialized real estate litigation team with extensive experience in handling various types of real estate disputes. We advise on structuring property acquisitions, including stamp duty and registration procedures, as well as drafting and negotiating various agreements related to property acquisition, development, construction, project management, etc. We have proficiency in drafting commercial leases and structuring foreign direct investment (FDI) into real estate projects in India. Our team possesses in-depth understanding of the commercial and legal complexities involved in land ownership, land acquisition, land use and conversion, regulatory and approval matters, and foreign investment. We advise clients on real estate financing, assisting in structuring and documenting real estate mortgages, trust deeds, contracts of sale, and other financing transactions. Additionally, we provide guidance on all phases and aspects of real estate projects throughout India, including financial investments, distressed asset acquisitions, residential and commercial projects, township projects, slum rehabilitation projects, industrial projects, joint developments, leasing, project development, construction and management, debt restructuring, as well as litigation.
Real Estate
Asaya Legal assists businesses in structuring and negotiating joint venture agreements, facilitating successful partnerships between domestic and foreign entities. Our team of lawyers provides invaluable guidance on legal and regulatory frameworks governing joint ventures and collaborations in India. We understand the unique challenges and intricacies involved in these ventures, and our focus is on crafting tailored solutions that align with our clients' strategic objectives. We offer strategic advice on drafting and negotiating collaboration agreements, ensuring compliance with relevant laws, regulations, and government policies. Our firm is well-versed in handling various aspects of joint ventures, including equity sharing, profit sharing, governance structures, intellectual property rights, dispute resolution mechanisms, and exit strategies. We also provide assistance in obtaining necessary approvals and clearances from regulatory authorities.
Joint Ventures, Domestic & Foreign Collaborations