About Company
Daimler India Commercial Vehicles (DICV) is a wholly-owned subsidiary of Daimler Truck AG, and a full-fledged commercial vehicle player with a brand dedicated to its home market of India: BharatBenz. A unique combination of Indian engineering with German DNA, tailored to local customer requirements, BharatBenz delivers on total-cost-of ownership, safety, reliability and comfort. DICV produces and sells in India above 9 to 55 tonne trucks and, under its bus division, BharatBenz buses for school, staff and tourists segments.
SCOPE OF RESPONSIBILITY
A) Contract Management
- Drafting/Vetting of Contracts; negotiations and finalization of contracts; Structured Contracts; Contracts for Projects of the Company and new business models.
- Structure contracts for critical projects and new business ventures;
- Create contract landscape and alignment with critical stakeholders for finalization
- Keep abreast on critical legal clauses in the contract viz. Arbitration, Jurisdiction, Liability, Indemnity etc. and advise business accordingly.
- Risk evaluation of contracts and advise on mitigating measures
- Drafting of Distributor Agreement, Supply Agreement, Technology License Agreement, Trademark License Agreement, Contract templates for various procurement activities, Employment Agreement/HR contracts etc.
B) Litigation Management
- Handling litigations (Civil, Criminal, Consumer, Arbitration, Antitrust)
- Handling Litigation filed against the Company viz. Civil, Criminal, Arbitration, Consumer
- Evaluate legal claims and strategize handling of litigation.
- Identify and evaluate lawyers for engaging them for handling litigations.
- Draft/Vet written statements, counters, rejoinders etc.
- Legal research and advise lawyers on the legal precedents.
- Close follow-up with lawyers till risks in the litigations are adequately mitigated
C) Legal Advisory
- Advisory to business; risk analysis and risk mitigating measures; In-depth analysis of facts prior to providing legal opinions
- Legal evaluation and opinions to business functions on various topics.
- Tendering flawless legal advices considering the risk exposure to the Organization.
- Advices on proactive and mitigating measures to be adhered to.
- Evaluate high critical topics and suitably approach external law firms for legal advices.
- Extensive research on various legal topics such as antitrust laws, arbitration laws, civil laws, labour laws and IP laws.
D) Antitrust compliances
- Initiate proactive measures to sensitize business on Antitrust violations
- Review contracts from Antitrust perspective and provide advisory to business on Do’s and Don’ts
- Implementation of identified legal projects to support business.
- Create processes and standards for various legal activities in the Organization
- Training to employees on Antitrust and other critical legal issues periodically.
- Implementation of Corporate legal guidelines and policies in the organization.
- Adhere to various HQ driven projects such as Contract Review, Data Protection, Antitrust etc
E) Intellectual Property Rights Management – Trademarks, Patents, Designs and Copyrigh
- Protection of Intellectual Property Rights viz. trademark, designs, patents and copyright
- Coordination with Head Quarters for protection of IP.
- Create local policies/guidelines on IPR protection.
- Initiate action against third parties for infringement of IP Rights.
- Train employees and business functions on protection of IP Rights
F) Implementation of HQ Corporate Guidelines
G) Other Assignments:
- Review of contracts and templates at regular intervals in line with changes in law/regulations;
- Evaluate upcoming/new laws in the Country and advice on various compliances and impact to the Organization;
- Regular meetings and discussions with external lawyers/law firms on changes in law, judicial precedents, review of pending litigations.
QUALIFICATION
Bachelors or Master’s Degree in Law; Working experience in a OEM or a Manufacturing organization will be an added advantage
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