AddressThe incumbent will be responsible to address all issues concerning brand infringement, regulatory compliances, commercial / civil disputes.
He should also possess a comprehensive understanding of contracts laws (vendors and civil) and should be able to set up risk management policies for the company.
The incumbent is expected to be the conscious keeper for the company from a legal and compliance perspective.
As the de facto in-house counsel, the incumbent would also be a forerunner in providing advice on the company's internal activities concerning patents, trademarks and any potential liabilities.
Academic -
- Must - Law Post Graduate or Graduate
Profile Preference :
- At least five years' experience as manager or equivalent
- At least 3 years as a legal and compliance lead
Industry Preference-
- Food companies or food company clients
- Exposure of working in listed company or listed clients
Legal Affairs :
- Review and evaluate the organization's policies, procedures, products and programs to ensure compliance with applicable laws and regulations. Make recommendations for change where applicable
- Critically analyse the impact of any new regulatory/policy changes on the company and its competitors and provide legal advice and counsel to the Management
- Provide regular and timely feedback to the Management; be proactive in the identification and resolution of issues that may have an impact on the firm's finances / reputation
- Handle all drafting and filing representations with the Statutory and regulatory authorities and work with the stakeholders to ensure accuracy of filing
- Evaluate inspection requests and summons and advice Management on the appropriate course of action
- Liaise with Risk Management and Internal Audit on risk related issues, legislation, rules, and regulations
- Manage Legal Vetting, Drafting and negotiating all kinds of legal contracts, including and not limited to Partner/Supplier Agreements, Joint venture contracts, Property Contracts, and License agreements
- Develop creative approaches to managing legal risks and resolving disputes
Compliance :
Assist in the establishment and maintenance of processes and controls so that the day to day business activities are compliant with applicable laws and that any breaches of such laws rules regulations and internal policies are detected
- Prepare compliance framework to follow various Indian Commercial, Cyber, Corporate, Industrial, Mercantile, and Foreign Exchange laws applicable to all functions located in multiple states
- Keep abreast of regulatory developments or other matters affecting the business activities systems and controls and communicate changes to policies procedures and regulatory requirements and oversee implementation thereof
- Monitor non-compliance and escalate issues where non-compliance is not addressed
Contract Management :
Complete management of contracts/agreements. Drafting, vetting and negotiation of various agreements viz. Lease Agreement, Non-Disclosure Agreements, Turnkey Contracts, Procurement Agreements, Product Supply Agreements, Sale and Purchase Agreements, Service Agreements, Maintenance Service Agreement, Purchase and Annual Maintenance Contract, Distributor Agreement, Dealers Agreements, Transport Agreement, Customer Service Agreement, Co-Branding Agreements, Private Label Agreements, Equipment Funding Agreements etc.
Litigation Management :
At a PAN India basis with prime focus on to mitigate the financial risk of the organization as well as protection to the company against any legal repercussion. Liaison with the law firms for litigation matters viz. complaint cases, recovery suits, labor cases on PAN India basis
Intellectual Property Rights :
- Searching infringing brand (domestic and overseas) and tracking their records, sending them Cease and Desist Notices and replies etc.
- Trademark Filings and Trademark Search Reports, Drafting, issuing cease and desist notices, reply letters, rejoinder letters, settlement letters with respect to infringement and misrepresentation of trademarks/copyrights.
- Communicating with Indian and Foreign Attorneys and maintaining appropriate records. Litigation management in India and abroad
- Research on various issues related to IPR. In-house opinions, advice to business teams on various legal issues related to corporate laws and Intellectual property laws.
- Opinion and advice to business teams in relation to legal metrology and food safety laws.
- Opinion and advice to business in relation to advertising guidelines.
- Drafting, vetting of Website terms and conditions and policies, Co-branding agreement,
Advertisement Agreements, Promotion Agreements, Technology Service Agreement, Supply Agreements, Service Agreement, Development & Supply Agreements, Co-existence Agreement, MOU, Consultancy Agreement, Consortium Agreement, Technology Development Agreement, Software License Agreement, Permission letters.
- Assisting in Intellectual Property Litigation in High Courts and District Courts, vetting of plaints, written statements, reply to injunction applications.
- IPR Assignment deeds, IPR License Agreements, Cross Licensing Agreements.
- Conducting in-house trademark availability searches for domestic trademarks coined by business teams and advice on trademark registration of various brands.
- Maintenance and updating of database with respect to domestic and international trademark registrations.
- Assisting in Intellectual Property and other commercial Litigation in High Courts and District Courts across India, vetting of plaints, written statements, reply to injunction applications.
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