Areas of Service

OUR INDUSTRY EXPERTISE

The global strategy for de-carbonizing the transportation sector has led to consumers, industries and governments shifting focus towards e-mobility. Presently, the e-mobility market in India is dominated by manufacturers of various types of electric cars, e-bikes, hybrid vehicles, electric buses etc. In addition, mobility-as-a-service (MaaS) is an emerging sub-sector which is the integration of various forms of transportation services into a single mobility service available on demand. Also, emerging technologies like 5G, IOT, M2M, telematics, edge computing and block chain are likely to enable the sector to progress even further. Further, the future of mobility can also be imagined with flying cars, air transport, autonomous vehicles, UAV etc. becoming a reality.

In India, the electric vehicle market is estimated to reach $150 billion by 2030. The Government of India has instituted various policies to promote the e-mobility sector including the Faster Adoption and Manufacturing of Hybrid and Electric Vehicles Scheme (FAME); and Production-Linked Incentive (PLI) Schemes for Manufacturing of Advanced Chemistry Cell (ACC) and for Auto Industry and Drone Industry to enhance India’s manufacturing capabilities to support existing automobile manufacturers venturing into the e-mobility space as well as start-ups. Under the phase two of the FAME scheme, about 1,65,000 electric vehicles have been supported, as on November 25, 2021, by way of demand incentive amounting to about INR 5.64 billion (USD 75.16 million). Through the PLI Schemes, the Government seeks to incentivize the domestic production of electric vehicles and its components to reduce the dependency on imports.

From a legal perspective, there are several legal issues which stakeholders have to consider including product liability, privacy concerns, structuring of commercial contracts, safeguarding intellectual property (IP) rights etc. In the absence of industry-specific laws, the Motor Vehicles Act, 1988 and rules thereunder, the Consumer Protection Act, 2019, general data protection laws, geospatial data guidelines, etc. govern the e-mobility sector. However, these present laws primarily cater to traditional systems of mobility and may not always be suited to modes of technology adopted by the e-mobility industry. With various evolving trends in mobility, the Government has been gearing towards introducing certain industry-specific laws including the recent draft Battery Swapping Policy, Guidelines for Electric Vehicle Charging Infrastructure.

With the passage of these new laws and increased regulatory focus on this industry, it becomes immensely important for the stakeholders to ensure compliance and be aware of emerging legal concerns arising out of their activities and operations.

SCOPE OF SERVICES

• Strategic advice on Industry Law Issues: The Firm advises on legal, strategic and compliance issues related to the laws governing the e-mobility industry. The Firm provides practical solutions, on the basis of the extensive domain knowledge of the industry including battery swapping, vehicle recall, telematics etc.

• New Age Technology: Equipped with a team of technology lawyers and engineer-turned lawyers, the Firm boasts technical expertise and legal expertise to advise on various emerging technologies in the e-mobility space including driverless cars, UAVs, flying cars etc. Drones are set to become a significant part of e-mobility, with the Minister for Civil Aviation having expressly encouraged drone taxis.

• Intellectual Property: The Firm has a dedicated IP team which has unique expertise across industries and especially in emerging tech, including in, development of IP strategy, advising on IP protection, drafting and reviewing a diverse range of intellectual property assignment and licensing agreements, as well as IP prosecution. In addition, the team has assisted clients in drafting and filing copyright, trademark, design and patent applications in India and internationally.

• Data & Geospatial Laws : The e-mobility sector is significantly dependent on high-quality and high volumes of data. Naturally, it is impacted by both the general data protection framework and sector specific laws such as the geospatial data regulations. The privacy and data protection practice of the Firm focuses on the evolving technological, business and legal issues relating to privacy and security of data in India and regularly advises on compliance requirements. Our focus on research and constant interaction with e-mobility industry players also keeps us abreast of new business models which helps us in identifying and providing solutions to complex issues associated with data protection and privacy across this sector at a national and multinational level. Sector-specific regulations also require a careful assessment of agreements with third parties, and a Firm has advised numerous clients on this aspect as well.

• Transaction Advisory & Documentation : The Firm undertakes drafting / review of agreements including service agreements, license agreements, technology transfer agreements, IP collaboration, supply agreements etc. In addition, we also undertake transaction advisory including with respect to cross border investment / tax structuring, joint ventures, mergers / acquisitions and investment advisory.

• Regulatory Advice : The Firm provides advice with respect to regulatory issues which may arise due to business models and transactions in the e-mobility industry which may have implications under the applicable laws. These include health and safety issues, compliance with product standards, environmental issues, implications on data privacy etc.

• Consumer Protection & Product Liability : With the Indian Government focusing increasingly on consumer protection and adopting a right-based approach, product liability and advertising laws in India have tightened. Provisions pertaining to product liability are found under the e-mobility sector specific laws and consumer protection laws in India. Every manufacturer, importer, service provider and seller is responsible to the extent of the product/ component/service they provide. The Firm extensively advises stakeholders in the e-mobility ecosystem on a variety of issues, including compliance, business and marketing strategies, as well as indemnity agreements.

• Litigation : The Firm has a robust Dispute Resolution Practice with members having skill and expertise to represent clients in different forums ranging from the High Courts, CCI, NCLAT to the Supreme Court of India.