Offshore Company Registration - Process, Benefits and Requirements

Eligibility

• Must be registered under the Government of India's MSME Development Act of 2006.
• Must be a company registered under the Companies Act of the Government of India and must meet the investment restrictions in plant and machinery or equipment set forth in the Government of India's MSME Development Act 2006.
• Must be a technology incubation enterprise or a startup registered as a company and located in an incubation center or park (in this case, a certification from the incubation center or park is required).
• Must be an STP Unit that has been approved.
• The invention must be in the field of electronics or information and communication technologies.

List Of Important Documents Required

1. Scanned copy of MSME Registration Certificate (For MSME Units)
2. Scanned copy of Company Registration Certificate (For Companies)
3. Scanned copy of STP Registration (For STP Units)
4. Scanned copy of the Registration Certificate issued by a competent authority and a certification from the incubation Centre/Park (For Technology Incubation Enterprise/Startup)
5. Scanned copy of the last audited Balance Sheet
6. Copy of product brochure, if any
7. Copy of latest Annual Report, if any
8. Copy of official filing receipt (OFR) with the Indian Patent Office
9. Copy of waiver under section 39 of the Indian Patent Act (Outside India)
10. Copy of proof of the application under PCT/ Paris Convention or Direct International Filing
11. Copy of technical writeup of invention as per the format of technical writeup
12. Patent search report
13. Scanned copy of Details for transfer of e-payments as per the format
14. Scanned copy of the Declaration form duly signed and sealed as per the format
15. A statement by the auditor of the enterprise that they fulfill the criteria of investment in plant and machinery or investment in capital equipment (as the case may be) as stipulated in the MSMED Act 2006.

Application procedure for Startups

• Visit the official website http://www.ict-ipr.in/sipeit/login.
• Create a User account by logging in after filling out all the details.
• Once “Login” is created, one can apply online for the scheme by submitting the required documents.

Selection OR Acceptance of Startups

The acceptance of startups under this scheme depends on the following criteria:

• For a particular invention, there can be one application for foreign filling.
• An Indian patent attorney firm with at least five years of experience in handling international patent applications handles and processes patent applications.
• Only five applications per financial year will be considered for reimbursement from a single applicant.
• The applicant should have already filed a patent application with the complete specification for the said invention with the Indian Patent Office.
• International patent filing options include the PCT route, the Paris Convention route, or filing directly in a foreign country of the innovator's choice.

Benefits

• This scheme provides financial support for the International filing of patents at different stages, including expenses in filing and processing.
• The maximum amount reimbursed per innovation shall be Rs 15 lakhs or 50% of the total expenditures paid in filing and processing a patent application up to grant, whichever is less.
• Under the scheme, financial support is also provided to Education Institutes, Meity societies, etc., for organizing seminars & workshops on IPR awareness.

Frequently Asked Questions

What Is Copyright?

Copyright is a legal right that gives you control over your original creative work—be it writing, music, software, or art. It allows you to reproduce, distribute, and authorise the use of your work. This protection lasts for a limited period, after which the work may enter the public domain.

What Can You Copyright? Understanding the Categories

In India, the Copyright Office recognises six main categories of works that you can protect under copyright law. Each category covers a specific type of creative output and gives you exclusive rights over how that work is used.

Literary Works

This includes books, articles, blogs, software code, and any written content. It protects the expression of ideas, not the ideas themselves.

Dramatic Works

Scripts, screenplays, stage plays, and similar compositions fall under this category. Copyright safeguards the dialogue, structure, and performance elements of the work.

Musical Works

This covers musical notations and compositions, but not the lyrics or sound recordings. It protects the arrangement and melody.

Artistic Works

Paintings, drawings, photographs, sculptures, and even architectural designs qualify here. Copyright ensures your visual creations aren’t copied or used without permission.

Cinematograph Films

This includes movies, videos, and visual recordings. It protects the film as a whole, including its sound and visual elements.

Sound Recordings

These are recordings of voices or music, such as songs, audiobooks, or podcasts. It covers the actual audio content as captured.

The Importance of the Copyright Registration Process

Registering your copyright strengthens your legal ownership and gives you proof in case of disputes. It lets you control how others use, copy, or distribute your work. For example, if someone copies your song or business content without permission, a registered copyright helps you take legal action quickly.

Need for Copyright Registration

While copyright protection exists the moment you create original work, registering it gives you a significant legal edge. In India, registration is not compulsory—but it acts as solid evidence of ownership in court, making it easier to prove your claim if someone uses your work without permission. Whether you're a writer, developer, musician, or business owner, this legal proof can help you enforce your rights and claim damages in case of infringement.

Registration also deters unauthorised use, as it puts others on notice that the work is protected. For creators, it adds a layer of security that encourages more innovation. You’re more likely to invest time and resources into developing original content when you know the law backs your ownership. For businesses, especially those in media, advertising, or tech, copyright registration protects content assets and avoids costly legal battles. It’s a proactive step to secure your creative and commercial interests.

Copyright Symbol

You can start using the copyright symbol (©) as soon as you create original work, but using it after registration strengthens its legal value. It signals that your work is protected and warns others against unauthorised use. The symbol is usually followed by your name and the year of creation.

Legal Rights of a Copyright Owner

Once you register your work, you receive a set of legal rights that help you protect and manage your creation. These rights are:

1. Right of Authorship: You are legally recognised as the original creator of the work.
2. Right to Reproduce: You alone can make copies of your work in any form—print, digital, or electronic.
3. Right to Publish and Distribute: You control when, where, and how your work is made available to the public.
4. Right to Public Performance: If your work is meant to be performed (like music or drama), only you can authorise that.
5. Right to Translate: You can permit or restrict changes to your work, such as translations, dramatisations, or adaptations into other formats.
6. Right to Protect Your Reputation: You can object to any use of your work that distorts or damages your name or intent.
7. Right to Transfer or License: You can sell your rights or give others permission to use your work under specific conditions.

How Long Does Copyright Protection Last?

In India, copyright protection generally lasts for 60 years. For original literary, dramatic, musical, and artistic works, this 60-year period starts from the year following the author’s death. For cinematograph films, sound recordings, photographs, posthumous works, anonymous or pseudonymous publications, and works by the government or international organisations, the 60 years are counted from the year of publication. This extended duration ensures that you—and later your legal heirs or assignees—retain exclusive rights to use and monetise the work, while also allowing time to enforce those rights if needed.

Conditions for Filing a Copyright Application

To submit a copyright application in India, you need to follow specific file format and size rules based on the type of work.

• Artistic works must be uploaded in PDF or JPG format.
• Sound recordings should be in MP3 format.
• Literary, dramatic, musical, and software works must be in PDF format, with the file size under 10 MB.

If you're submitting software, make sure the PDF includes at least the first 10 and last 10 pages of the source code. If the full code is less than 20 pages, you can upload the entire code—but it must be unredacted, with no sections blocked out or hidden.

Step-by-Step Copyright Registration Process

Step 1: Visit the Official Website

Go to copyright.gov.in. If you're a first-time user, click on “New User Registration” to create your login credentials. Keep your user ID and password safe for future use.

Step 2: Fill Form XIV and Upload Documents

After logging in, click on “Click for Online Copyright Registration” and open Form XIV.

Fill in key details such as:

• Title, nature, and language of the work
• Applicant’s name, address, nationality, mobile number, and email
• Whether the work is published or unpublished

Then, upload the required documents:

• Scanned signature (max 512 KB)
• For published works: three copies of the work
• For unpublished works: two copies
• For software: first 10 and last 10 pages of the source code
• NOCs from the author (if different), publisher (if any), and anyone whose images appear in the work

Also complete the Statement of Particulars and Statement of Further Particulars, based on the type of work.

Step 3: Pay the Registration Fee

Use the online payment gateway to pay the fee. Charges vary:

• ₹500 for literary, dramatic, musical, or artistic works
• ₹2,000 for sound recordings
• ₹5,000 for software or cinematograph films

Once paid, you’ll receive a Diary Number. This helps track your application status.

Step 4: 30-Day Objection Window

After submission, your application goes public for 30 days to allow objections. If no one raises an objection, it moves forward automatically.

Step 5: Scrutiny and Review

If no objections are raised, the Registrar reviews your application and documents for errors or missing information. If objections are raised, both parties are notified.

Step 6: Hearing (if needed)

A hearing is scheduled. Both sides present their case, and the Registrar makes a decision.

Step 7: Receive the Certificate

If approved, you’ll get a Copyright Registration Certificate. This document legally proves your ownership and is useful in any future disputes.

Note: You must file a separate application for each individual work.

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Checking the Status of Copyright Registration Application

To check the status of your copyright registration application online, visit the official Copyright Office website. Look for the “Status of Application” section on the homepage. You’ll need your diary number or acknowledgment number, which you receive after submitting your application.

Enter this number in the search field and submit it to view the current status. The portal will show if your application is under scrutiny, awaiting response, or approved. 

Distinguishing Copyright, Trademarks, and Patents

Copyright, trademark, and patent are legal tools that protect different kinds of work.

• Copyright protects original creative content you make—like a story, a song, a painting, or even computer code. It stops others from copying or using your work without permission. Example: You write a short film script—copyright protects the script.
• Trademark protects your brand identity—like your business name, logo, or tagline. It makes sure no one else uses something similar that could confuse your customers. Example: You design a logo for your film company—trademark protects that logo.
• Patent protects new inventions—such as machines, products, or special methods. It gives you the right to stop others from making or selling your invention. Example: You invent a new type of camera—a patent protects the invention.

These rights matter because they give you control, stop others from copying your work, and let you take legal action if needed. Understanding what each protects helps you avoid confusion and ensures your ideas are legally safe.

Frequently Asked Questions

About the Pharma Company in India

A pharmaceutical company is an entity involved in the development, manufacturing, distribution, and marketing of medicines and healthcare products. Depending on the business model, pharma companies in India are typically classified as:

• Manufacturing companies: involved in the production of drugs and medicines.
• Marketing companies: focus on branding and distribution, often outsourcing manufacturing.
• Wholesale businesses: supply medicines in bulk to retailers, hospitals, and distributors.
• Retail businesses: run pharmacies and directly sell medicines to consumers.

India’s pharmaceutical industry has been expanding rapidly. As of 2025, it is valued at $55 billion and is projected to reach $120–130 billion by 2030. The government has also introduced several supportive measures:

• 100% Foreign Direct Investment (FDI) allowed in greenfield pharma projects.
• ₹15,000 crore PLI (Production Linked Incentive) scheme to promote domestic manufacturing.
• Incentives for Active Pharmaceutical Ingredients (APIs) and medical devices to reduce import dependency.

With this growth potential, starting a pharmaceutical business in India is both a profitable and impactful opportunity.

Choosing the Right Business Structure for a Pharma Company

The first step in starting a pharmaceutical business in India is selecting the proper business structure. The choice depends on the scale of operations, funding requirements, and ownership preferences. Common structures include:

• Limited Liability Partnership (LLP): Offers flexibility with limited liability.
  Private Limited Company (Pvt Ltd): Ideal for manufacturing and marketing businesses due to scalability and investor appeal.
• Public Limited Company: Suitable for large-scale operations planning to raise funds from the public.
• Indian Subsidiary of a Foreign Company: Allows foreign companies to establish a presence in India and leverage the growing market.

India ranks 3rd in the world by volume and 14th by value in pharmaceuticals, making it a preferred hub for domestic and international players. Choosing the right structure ensures smooth registration and compliance.

Eligibility for Registering a Pharma Company

Eligibility criteria are designed to maintain quality and compliance in the pharma sector. Key rules include:

• The applicant must be legally competent to enter into a contract.
• The company must appoint qualified directors and pharmacists, depending on the business type.
• Proper compliance with the Drugs and Cosmetics Act of 1940 is mandatory.
• Only individuals or entities with relevant pharmaceutical qualifications/experience can run such businesses.

Requirements for Registering a Pharma Company

Corporate & Structural Requirements

These are the standard legal requirements for forming a company under the Ministry of Corporate Affairs (MCA).

• Directors and Members: The structure depends on your company type. For a Private Limited Company, a minimum of two directors and two members (shareholders) are required. The same individuals can hold both positions.
• Director Credentials: Every proposed director must have a Digital Signature Certificate (DSC) for online document submission and a Director Identification Number (DIN), a unique identifier issued by the MCA.
• Unique Company Name: Your proposed company name must be unique and not resemble any existing company or trademark. It must be approved and reserved through the MCA portal.
• Registered Office Address: You must provide a physical address in India as the company's official registered office. Proof of address, such as a utility bill or rental agreement, is mandatory for verification.

Pharmaceutical & Technical Requirements

These are specific mandates from the Drugs and Cosmetics Act, 1940, enforced by state drug control departments, which are essential for obtaining a drug license.

Qualified Technical Personnel: 

You must employ qualified individuals to supervise the sale and distribution of drugs. The requirements vary based on the business type:

• For Wholesale Business (Distribution): The operations must be supervised by a "Competent Person." This can be:
  
  • A Registered Pharmacist.
  • A graduate with at least one year of experience in dealing with drugs.
• For Retail Business (Pharmacy): All sales and dispensing activities must be conducted under the direct supervision of a Registered Pharmacist.

Adequate Storage Premises: 

You must have a proper commercial space for storing medicines. The premises are inspected by a Drug Inspector and must meet specific conditions:

• Minimum Area: Typically, a minimum of 10 square meters is required for a wholesale license. This can vary by state.
• Proper Storage Facilities: The premises must be clean, well-lit, and equipped with necessary storage solutions like cupboards, racks, and, crucially, a refrigerator and freezer to store temperature-sensitive drugs like vaccines and serums.

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How to Start a Pharmaceutical Company in India?

The incorporation process is now simplified through the SPICe+ (Simplified Proforma for Incorporating a Company Electronically Plus) form by the Ministry of Corporate Affairs. Steps include:

Phase 1: Business Incorporation

The first step is to register your business as a legal entity with the Ministry of Corporate Affairs (MCA). The modern SPICe+ (Simplified Proforma for Incorporating a Company Electronically Plus) form has streamlined this process significantly.

• Get Director Credentials: All proposed directors of the company must obtain a Digital Signature Certificate (DSC) and a Director Identification Number (DIN). The DSC is an electronic signature used for filing documents online, and the DIN is a unique number assigned to each director.
• Reserve a Company Name: You must apply for and reserve a unique name for your company. This can be done through the MCA portal's RUN (Reserve Unique Name) service or directly within the SPICe+ form.
• Draft Foundational Documents: Two critical documents need to be prepared:
  
  • Memorandum of Association (MoA): This document defines the company's objectives and the scope of its business activities.
  • Articles of Association (AoA): This document outlines the internal rules and regulations for managing the company.
• File the SPICe+ Form: This single, integrated web form is used to file for incorporation. It combines applications for the company name, DIN allotment, and issuance of important tax numbers like PAN and TAN.
• Receive Certificate of Incorporation: Once the MCA approves your application, you will receive a Certificate of Incorporation. This certificate includes your unique Corporate Identity Number (CIN) and officially marks the legal birth of your company.

Phase 2: Securing Pharmaceutical Licenses

This is the most critical phase and is specific to the pharmaceutical industry. These licenses are granted by the Central Drugs Standard Control Organization (CDSCO) and State Drug Control Departments.

• Drug License: This is the primary license required to deal with drugs and cosmetics. The type of license depends on your business model:
  
  • Manufacturing License: Required if you plan to manufacture drugs. This involves a rigorous inspection of your manufacturing facility to ensure it complies with Good Manufacturing Practices (GMP) and has the necessary technical staff and equipment.
  • Wholesale/Distribution License: Required for stocking, selling, and distributing drugs. This requires having adequate storage premises with proper refrigeration facilities and employing a registered pharmacist.
• GST Registration: Before you can apply for a drug license, you must complete your Goods and Services Tax (GST) registration. The GSTIN is a mandatory requirement for the drug license application.

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Phase 3: Brand and Tax Formalities

With your company and licenses in place, the final step is to protect your brand and manage your finances.

• Trademark Registration: It is highly advisable to register your company name, logo, and the brand names of your pharmaceutical products. This protects your intellectual property and prevents others from using similar names.
• Bank Account Opening: You can open a corporate bank account using the Certificate of Incorporation and other registration documents.

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Documents Required to Register a Pharma Company

Here’s a checklist of essential documents required to open pharma company:

For Indian Directors/Shareholders:

• PAN Card
• Aadhaar Card
• Passport-size photographs
• Address proof (utility bill, bank statement)

For Foreign Directors/Shareholders:

• Passport (notarised and apostilled)
• Proof of overseas address
• Photograph

For the Company:

• Registered office address proof (rent agreement/ownership proof)
• Utility bill of the premises (electricity/water bill)
• MoA and AoA

Other Registrations Required for a Pharma Company

After incorporation, a pharma company must obtain additional registrations and licenses to operate legally:

1. Drug License (under the Drugs and Cosmetics Act, 1940)
   
   
   
   • Manufacturing License
   • Wholesale License
   • Retail License
   • Loan License (for outsourcing manufacturing)
   • Import License (for foreign medicines)
     
     
2. GST Registration – Mandatory for taxation and interstate sales.
3. FSSAI Registration – Required if dealing with nutraceuticals or dietary supplements.
4. Trademark & Patent Registration – Protects brand identity and intellectual property.
5. Import Export Code (IEC) – For companies engaged in pharma exports/imports.

Frequently Asked Questions (FAQs)