Global Head – Legal Services

ICRISAT seeks applications for the Global Position of Global Head – Legal Services.  The incumbent will oversee and manage the provision of all legal services to the Institute to ensure maximum protection of its legal rights and to maintain its operations within the limits prescribed by law. The Incumbent will also helps to develop effective and efficient structures for research and other projects, and negotiate and drafts all agreements for the Institute including contracts with donors, partners, vendors, and consultants.

The position will report to the Director General to provide proactive advice to leadership on legal issues so that the Institute’s activities are carried out efficiently, effectively, and in compliance with relevant laws and in accordance with internal policies and procedures, and consistent with international norms. The incumbent will be based in Headquarters at Patancheru, Hyderabad, Telangana, India.

ICRISAT is a non-profit, non-political organization that conducts agricultural research for development in Asia and sub-Saharan Africa with a wide array of partners throughout the world. Covering 6.5 million square kilometers of land in 55 countries, the semi- arid or dryland tropics has over 2 billion people and 644 million of these are the poorest of the poor. ICRISAT and its partners help empower these disadvantaged populations to overcome poverty, hunger and a degraded environment through better agricultural production systems.

ICRISAT is headquartered at Patancheru near Hyderabad, India, with two regional hubs and eight country offices in sub-Saharan Africa. ICRISAT envisions a prosperous, food-secure and resilient dryland tropics. Its mission is to reduce poverty, hunger, malnutrition and environmental degradation in the dryland tropics. ICRISAT conducts research on its mandate crops of chickpea, pigeonpea, groundnut, sorghum, pearl millet and finger millet in the arid and semi-arid tropics. The Institute focuses its work on the drylands and in protecting the environment. Tropical dryland areas are usually seen as resource-poor and perennially beset by shocks such as drought, thereby trapping dryland communities in poverty and hunger and making them dependent on external aid. Please visit – www.icrisat.org

Purpose:

The Global Head – Legal Services will assist the leadership and management in coordinating the legal work related to institutional matters around the globe covering all offices and project locations. This includes advice and support for diverse legal issues on various aspects of ICRISAT activities including general business and research, policies, procedure and standards, privileges and immunities, court matters, Governing Board papers, contract life cycle management, project negotiations, structuring and drafting of agreements, hosting agreements, employment, labor and administrative law matters, finance and taxation, procurements, bids and tenders, assets and property issues, corporate governance, statutory exemptions, intellectual property rights (IPRs) etc.. Legal assistance in drafting, reviewing and negotiating agreements in projects, non-project, suits, employment and operational matters related to the Institute. The Global Head – Legal Services has an integral role in dispute resolution, mediation, arbitration, and litigation. S/he will also facilitate technology transfer, licensing and commercialization, bioprospecting, biodiversity, biotechnology regulatory norms, agri-business etc.. in the current and future ICRISAT operational locations.

Duties and Responsibilities:

·       Advise and support the Director General, leadership, management and other units globally across the Institute on any legal issue that may arise, and in particular, on the legal, policy and legal risk management aspects of the Institute’s contractual relationships, intellectual property, statutory and related regulatory issues;

·       Serve as the Institute’s primary adviser on legal issues and guide compliance with statutes and legislation, acting as the focal point on questions that may arise on any legal topic;

·       Anticipate and identify legal issues and counsel management in order to develop legal strategies and solutions;

·       Provide expert and strategic legal advice to management on policies and procedures, regulations, constitution, bylaws, and other legal documents;

·       Support the drafting, review, implementation, communication, and update of legal policies and procedures of ICRISAT;

·       Work with the Risk Management team to minimize future liabilities;

·       Administrative law matters and legal issues affecting ICRISAT Headquarters, regional and country offices in Asia and Africa;

·       Review progress of outstanding litigation at the international level and liaise with and manage external lawyers globally;

·       Perform legal research and analyses and prepare legal opinions, studies, briefs, reports, and correspondence across a broad range of topics, including institutional rights, immunities and privileges;

·       When required, lead the negotiations for and/or provide pragmatic legal advice regarding litigation, legal disputes and/or challenges from third parties;

·       Extend support in participation and documentation related to the Institute’s Board meetings and other events/ meetings of the Institute with internal and external bodies;

·       Follow relevant legislative and regulatory developments that may affect the Institute’s operations and provide proactive legal advice on appropriate actions to ensure ongoing compliance;

·       Develop and/or review policies and guidelines as required, ensuring they are legally sound and represent fit-for-purpose solutions for the operational context;

·       Monitor ongoing relevance and effectiveness of policies, guidelines, tools, processes, and systems designed to ensure compliance with applicable treaties, statutes, laws, contractual agreements, and standards;

·       Maintain, update, and manage the legal case register at the Institute;

·       Represent and oversee the representation of the Institute and management in judicial and administrative proceedings;

Functions related to Contracts and Agreements:

·       Draft, negotiate, and/or review agreements on behalf of the Institute, including agreements with host countries, funders, partners, vendors, and consultants;

·       Prepare, draft, vet various types of contracts, and manage Contract Life Cycle and related tools;

·       Critically review all types of contracts at the Institute, Research and Non-Research agreements, and ensure compliance of applicable relevant laws;

·       Revise, draft, and/or amend legal instruments, agreements, novation agreements, consortium or partnership agreements, hosting agreements, host-country agreements, Research and Non-Research agreements/contracts, etc.;

·       Critically study Project Agreements and flag issues that do not conform to institutional policies and donor’s conditions;

·       Effectively negotiate with donors and partners to resolve and redraft the terms and conditions of the agreements that are non-conforming with institutional policies and practices;

·       Troubleshoot contract-related problems, including breach of contract;

·       Assure due diligence is properly implemented to identify risks with new partners or donors and funders;

·       Conduct and renew due diligence of donors and partners from non-governmental organizations (NGOs) and Private Sector institutions to assess their eligibility for collaboration with ICRISAT in projects.

Functions related to Intellectual Property (IP) management:

·       Manage, protect, and expand the Institute’s IP portfolio, including identifying and developing protectable intellectual property and working closely with internal units and/or outside counsel to prepare, file, and prosecute related IP applications;

·       Provide support to the development and implementation of Intellectual Asset protection and management strategies and cross-institutional projects;

·       Counsel internal units, including management and members of the research and development, technical operations, and business development teams, on IP risks and opportunities;

·       Review and assist in drafting and/or negotiation of nondisclosure, research, license, and other agreements involving the use, transfer, or ownership of intellectual property and genetic resources;

·       Assess and advise on IP risks and opportunities in complex transactions and research projects;

·       Review contracts and project documents to ascertain appropriate intellectual property provisions for inclusion in such contracts;

·       Provide IP due diligence support for business development activities and manage patentability, freedom-to-operate, infringement, validity, and exclusivity analyses;

·       Extend support and guidance in matters related to the transfer and dissemination of Intellectual Property and biological resources;

·       Coordinate and/or participate in relevant networks across the CGIAR System to share and align practices related to legal and contractual matters and the management of intellectual assets and IP rights and act as the Institute’s IP focal point;

·       Maintain, update, and manage the IP register at the Institute;

·       Oversee the management and operations of IP office, including WIPO TISC and IPFC at the Institute.

Functions related to direct and indirect taxation:

·       Review ongoing and new activities of the Institute and provide advice on the tax consequences, risks, and opportunities;

·       Assist in the development of tax strategies and ensuring adequate tax compliance;

·       Advise senior management regarding tax efficient methods, assisting in the drafting of tax-related clauses in agreements, and performing associated legal due diligence;

·       Provide institutional tax planning advice and assist with tax modeling for institutional transactions;

·       Provide legal support and advisory in the matter of tax exemptions and diplomatic privileges;

·       Assist, and be a focal point, in tax-related litigation matters, including Goods and Services Tax (GST), VAT, Income Tax, and drafting replies to letters, show cause notices, objections, etc., drafting appeals, attending personal hearings, representing the Institute before GST/indirect and direct tax adjudication and appellate authorities, concerning various GST/indirect and direct tax matters;

·       Assist in GST/VAT tax refunds, tax privileges, and related matters;

·       Assist in connection with enquiry/survey/investigation actions under GST/indirect and direct tax laws and advising the management on the way forward; and also attending summons, representing the Institute, and making submissions on its behalf to the relevant Tax authorities;

·       Manage outside tax advisors and counsel to bring in the expertise required for arriving at optimal solutions/decisions.

Other institutional activities:

·       Working with relevant stakeholders, including other CGIAR Centers and CGIAR System, to facilitate the ongoing effective management of applicable CGIAR policies and related reporting cycle;

·       Develop and manage legal office, team, and budget, including oversight, supervision, and coordination of staff, interns, consultants, and legal professionals engaged in institutional legal matters;

·       Select and retain outside counsel to obtain legal opinions or to handle claims and litigation;

·       Conduct research, training, and educational activities on IPRs, legal-related subjects, etc, and proactively participate in knowledge and capacity-building initiatives;

·       Prepare educational materials for staff and stakeholders in support of institutional policies;

·       Acting as custodian of all critical legal records, including foundation and governance documents, property records, government notifications, legal records related to the Institute, various agreements and notifications, permission, and approvals;

·       Carry out such other job-related functions, activities, and support as may be necessary to further the Institute’s purpose as assigned by the supervisor.

The Person:

Essential –

·       Juris Doctor(JD), or LLB, or equivalent degree in law;

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