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Artwork Advisory

Our lawyers excel in advising on diverse aspects of the business of art, including acquisition, regulatory and IP issues, and ownership and other disputes, which positions us uniquely to address the legal challenges inherent in the art industry.

Trilegal’s art law practice is unique and industry-leading in India. Our lawyers advise renowned collectors, galleries auction houses and investors in headline-making artwork transactions.

Our lawyers excel in advising on the entire life cycle of an artwork, from acquisition to regulatory issues concerning retention of artwork intellectual property, and disputes relating to ownership and authenticity.

Our lawyers have deep expertise in handling matters relating to art houses, trusts, estates, and charitable institutions, including adept management of disputes. This positions us uniquely to address the legal challenges inherent in the art industry.

The firm has built unrivalled expertise in:

  • Contractual Arrangements: Assistance in negotiating and crafting contractual arrangements, such as selling, purchasing, commissioning, or licensing artworks, with a focus on protecting financial interests and prioritising fair and mutually beneficial relationships amongst various stakeholders. In addition, the firm has also advised on contractual arrangements such as acquisition, sale, insurance, brokering and lending of artworks.
  • Intellectual Property Rights Protection: Advisory and implementation assistance regarding the registration and protection of intellectual property rights associated with artworks.
  • Regulatory Compliance: Compliance assistance under applicable regulations such as — the Copyright Act, 1957, The Antiquities and Art Treasures Act, 1972, anti-money laundering (AML) regulations, and Know Your Customer (KYC) compliances. The team has also advised on challenges in cross-border art transactions.
  • Legal Due Diligence for Art Transactions: Conducting comprehensive due diligence on art transactions to mitigate risks and legal exposure associated with the intermediaries’ fiduciary duties.
  • Dispute Resolution: Specialised swift and timely resolution of conflicts related to ownership, provenance, authenticity, commission, royalties, intellectual property, and contractual breaches, and defamation actions through traditional as well as alternate dispute resolution routes.
  • Structuring Advisory: Evaluation of alternative acquisitions and holding structures from a perspective of tax efficiency and regulatory compliances to ensure that art portfolios are aligned with long-term financial goals.
  • Estate Planning: Preparation of comprehensive estate and succession planning strategies, including establishing private trusts and charitable foundations, to ensure the longevity of artistic legacy.
  • Philanthropy: Legal advisory on art donations and philanthropic endeavours.

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