Trade policies and practices by measure introduction



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Trade secrets


    1. India has no specific legislation regulating the protection of trade secrets; hence enforcement measures/penalties for violations of trade secrets are available through common law. Trade secrets are protected either through contract law or through the equitable doctrine of breach of confidentiality. The Indian Contract Act (Section 27) provides some sort of limited protection as it bars any person from disclosing information acquired as a result of a contract. It is also common to insert a confidentiality clause in a technology transfer or other licence agreement to maintain the confidential nature of the subject matter, not only during the employment period of the employees and contractors but also after its termination, though for a fixed period.383 Aggrieved parties may seek action through the civil courts by obtaining an injunction preventing a third party from disclosing the trade secrets, return of all confidential information and proprietary information, and compensation for any loss suffered due to disclosure of trade secrets.
  • Enforcement


      1. Since its previous Review, India has taken several initiatives to modernize its IPR administration. The major achievements during the period include an increase in the level of computerization, providing Internet connectivity amongst the various offices, creating an online facility for filing and processing patent and trade mark applications, and computerizing intellectual property records to create databases. The Government has continued its efforts to step up training to increase awareness of IPR enforcement through the National Institute of Intellectual Property Management (NIIPM). Since 2007, the NIIPM has undertaken wide‑ranging activities including training, education, and research.384

      2. Enforcement of intellectual property rights in India (except at the borders) is under the purview of state governments. Enforcement is carried out by the police for domestic cases, and by the police and Customs for imports and exports. Under the Customs Act, Customs may seize and hold goods for a reasonable period (e.g. six months), including for suspected violations of intellectual property rights, following which, the goods must be released or a court injunction obtained to start infringement proceedings. In order to further implement border measures, in 2007 the Customs authorities issued a notification that prohibits imports of goods infringing intellectual property rights, and promulgated the Intellectual Property Rights (Imported Goods) Enforcement Rules 2007.385 These Rules lay down a detailed procedure for right holders or their authorized representatives and for Customs to seek suspension of release of suspect imported goods. The Rules allow right holders to record their registered intellectual property, including patents, with Customs. After the grant of the registration by the Commissioner on due examination, imports of allegedly infringing goods into India may be prohibited. The Rules also permit suo moto action by Customs when infringing goods are found through random checks, and the disposal of the confiscated goods; however, the Rules do not call for any action against goods of non‑commercial nature contained in personal baggage, sent in small consignments intended for personal use of the importer, or goods in transit.386 The authorities noted that, in 2008/09, there were 23 instances of imports confiscated because of IPR infringement. In 2009/10 the number of cases increased to 56.

      3. India has made important efforts in the field of enforcement, such as having specially trained IP judges in general courts, training judges on issues specific to IP litigation, and increased efforts by Indian customs officials to stop infringing goods from entering the country. In addition to the Government's efforts to enforce IPR, industries in India have become more proactive. The Ministry of Information and Broadcasting set up a Committee on Piracy, and IPR holders have created associations and IPR committees to generate awareness on issues relating to counterfeit, fake, and spurious products. For example, the music and film industry, through the Film Federation of India, Motion Picture Association, and Indian Music Industry Association, cooperates and collaborates with the police in the design and implementation of anti-piracy programmes. To support the efforts of the industry, the state governments of Andhra Pradesh, Kerala, Maharashtra, and Tamil Nadu, where the film and music industry is prominent, have introduced legislation which stipulating that video piracy is an offence. The aim is that with enhanced coordination of the industry, enforcement will continue to improve.

    1 Foreign Trade (Development and Regulation) Act 1992, as amended by the Foreign Trade (Development and Regulation) Amendment Act 2010.

    2 An application in ANF (Aayaat Niryaat Form) 2A is required to register. See Directorate General of Foreign Trade (DGFT) online information. Viewed at: http:dgft.gov.in.

    3 Entry tax on goods is levied in several states, including Jammu and Kashmir, Himachal Pradesh, Rajasthan, Uttar Pradesh, Uttaranchal, Haryana, Punjab, Andhra Pradesh, Karnataka, Tamil Nadu, Kerala, Bihar, Assam, Orissa, Arunachal Pradesh, Chhattisgarh, West Bengal, Maharashtra, Goa, Madhya Pradesh, and Gujarat.

    4 Customs Act 1962, Chapter VIII (Goods in Transit).

    5 In this case, duties are levied on the cost of repair and insurance and freight (Jain, 2007).

    6 WTO (2007).

    7 Department of Valuation online information, "Procedure for Clearance of Imported and Export Goods". Viewed at: http://www.dov.gov.in/newsite3/clearance_procedure.asp.

    8 There are some 300 customs posts in India. According to the authorities, posts that are not automated are mainly remote land stations where trade is almost nil.

    9 Information provided by the authorities.

    10 Qualifying criteria include, inter alia: (i) the value of imports must be at least Rs 100 million or customs duties paid must be at least Rs 10 million, in a financial year; (ii) at least 25 bills of entry must have been submitted in a financial year; (iii) there must be no case of tax violation during the last three financial years; (iv) there must be no duty demand pending on account of non-fulfilment of export obligations; and (iv) the importer must have a reliable system of record keeping and internal controls (Customs Circular No. 42/2005, 24 November 2005. For Customs Notifications, Circulars, and Instructions, see Central Board of Excise and Customs online information. Viewed at: http://cbec.gov.in/cae1-english.htm).

    11 Customs Circulars Nos. 42/2005 and 43/2005, 24 November 2005; and Chaturvedi (2009).

    12 Customs Circular No. 43/2005, 24 November 2005.

    13 This is the case for imports of chemicals regulated by the Insecticides Act 1968.

    14 As at May 2011, 229 were insecticides registered under the Insecticides Act 1968, Section 9(3) (information provided by the authorities).

    15 Customs Circular No. 61/2004, 28 October 2004.

    16 WTO document G/LIC/Q/IND/12, 8 October 2008; Customs Circular No. 61/2004, 28 October 2004; and DGFT Circular No. 16(RE-07)/2004-2009, 22 October 2007 (for DGFT Circulars, Notifications, and Public Notices, see Directorate General of Foreign Trade online information. Viewed at: http://dgft.gov.in). A no-objection certificate is equivalent to an end-use certificate; they are used to monitor the trade of certain highly-regulated products used in manufacturing.

    17 Information provided by the authorities.

    18 Customs Instruction No. 528/9/2004, 6 October 2006.

    19 Department of Valuation online information, "Procedure for Clearance of Imported and Export Goods". Viewed at: http://www.dov.gov.in/newsite3/clearance_procedure.asp.

    20 World Bank/IFC Doing Business online information. Viewed at: http://www.doingbusiness.org.

    21 Comptroller and Auditor General of India (2002), Chapter 2: Indian Customs: Electronic Data Interchange System.

    22 Information provided by the authorities.

    23 DGFT Public Notices Nos. 16/2004-09, 15 October 2004; and 163(RE-2008)/2004-2009, 23 March 2009.

    24 Department of Commerce (2010b). Checking for excess radiation levels has been mandatory since 2009 (DGFT Public Notice No. 17/2009-2014, 13 November 2009).

    25 WTO (2007).

    26 Customs Circular No. 38/2007, 9 October 2007; and Customs Notifications Nos. 93/2007 and 94/2007, 13 September 2007.

    27 "High-seas" sale is a sale carried out while goods are still at sea or after dispatch from the port/airport of origin and before arrival at the port/airport of destination. See also Customs Circular No. 11/2010, 3 June 2010.

    28 Customs Valuation (Determination of Value of Imported Goods) Rules 2007, Section 12.

    29 These circumstances are: (a) a significantly higher value at which identical or similar imports at (or about) the same time, in comparable quantities and comparable commercial transaction, were assessed; (b) the sale value involves an abnormal discount/reduction from the ordinary competitive price; (c) the sale involves special discounts limited to exclusive agents; (d) there are mistakes in the declaration of goods, e.g. description, quality, quantity, country of origin, and year of manufacture or production; (e) the import declaration is incomplete, e.g. lack of brand, grade, and any other specification that could have a bearing on assessing the value of the goods; and (f) fraudulent manipulation of documents.

    30 For details, see Customs Valuation (Determination of Value of Imported Goods) Rules 2007, Sections 4-9. The amended Rules introduced a proviso under Sections 4, 5, and 9.

    31 Updates on Indian Taxation and Corporate Laws online information, "Value for Imports". Viewed at: http://www.dateyvs.com/custom02; and Central Excise Madurai online information, "Central Excise: A guide to Assesses". Viewed at: http://www.centralexcisemadurai.tn.nic.in/what_central.html.

    32 Customs Act 1962, Section 14(2).

    33 "Tariff values" (i.e. reference price) were introduced in 2001 through Customs (non-tariff) Notification No. 36/2001, 3 August 2001, and last amended through Customs (non-tariff) Notification No. 37/2011, 31 May 2011.

    34 WTO document G/VAL/W/173, 29 October 2008.

    35 WTO document WT/L/38, 15 February 1995.

    36 WTO document G/VAL/W/162/Rev.1, 15 October 2009.

    37 WTO document G/VAL/M/48, 23 December 2009.

    38 Customs Tariff Database online information, "Special CVD in Lieu of Sales Tax under Section 3(5) of CTA 1975". Viewed at: http://custadaindia.com/CUSTADA-Online/document/document/Special%20CVD
    %20in%20Lieu.htm.

    39 The basic duty on goods subject to an MRP is levied on the transaction value.

    40 The excise duty on domestic goods is levied on their value; which should be the retail sale price declared on the goods less an amount of abatement, if any, from the retail sale price, as allowed by the Central Government by notification in the Gazette of India (Central Excise Act 1944, Chapter II, Section 4A (Valuation of excisable goods with reference to retail sale price).

    41 "Retail sale price" means, except for medicaments (other than those used exclusively in Ayurvedic, Unani, Siddha, homeopathic or bio-chemic systems), the maximum price at which the excisable goods in packaged form may be sold to the ultimate consumer, when the price is the sole consideration for such sale. It includes all taxes (local or otherwise), freight and transport charges, commissions to dealers, and all charges towards advertisement, delivery, packing, forwarding, etc. For medicaments, "retail sale price" means the retail price displayed by the manufacturer under provisions of the Drugs (Prices Control) Order 1995 (Central Excise (non-tariff) Notification No. 49/2008, 24 December 2008, as amended by Central Excise (non‑tariff) Notifications Nos. 18/2009, 7 July 2009; 9/2010, 27 February 2010; and 11/2011, 24 March 2011. For Central Excise Notifications, Circulars, and Instructions, see Central Board of Excise and Customs online information. Viewed at: http://www.cbec.gov.in/cae1-english.htm).

    42 WTO document G/RO/N/1, 9 May 1995.

    43 Information provided by the authorities.

    44 Department of Commerce online information, "International Trade: Trade Agreements". Viewed at: http://commerce.nic.in/trade/international_ta.asp?id=2&trade=i.

    45 During 2007‑10, the Indian Government issued 554 tariff rate amendment notifications. These included 225 notifications related to changes in tariff rates; and others related to imposition of anti‑dumping and safeguard duties, or to give effect to commitments under international agreements (information provided by the authorities).

    46 Calculations exclude specific rates and include the ad valorem part of the alternate rates.

    47 WTO document G/MA/208, 6 October 2008.

    48 WTO document G/MA/TAR/RS/66, 1 May 2000.

    49 Customs Notification No. 128/2010, 22 December 2010.

    50 Ministry of Finance (2007a), (2008), (2009), and (2010c).

    51 Ministry of Finance (2007a), (2008), (2009), and (2010c).

    52 Customs Notification No. 236/89, 1 September 1989.

    53 Customs Tariff Act 1975, Section 3(1).

    54 The excise and tariff nomenclatures are harmonized at HS eight‑digit level.

    55 This is the case of the additional duty on petroleum products (Central Excise Notifications Nos. 4/2006, 1 March 2006; 4/2008, 1 March 2008; and 14/2009, 7 July 2009).

    56 Some 12 lines in HS 71 (articles of jewellery) have SAD duty of 1%.

    57 Customs Tariff Act 1975, Section 3(5).

    58 Customs Notification No. 102/2007, 14 September, 2007.

    59 WTO document series WTO/DS360 (India: additional and extra-additional duties on imports from the United States).

    60 Department of Revenue, D.O.F. No. 334/3/2004-TRU, 8 July 2004; and Finance Act 2004, Section 93. For example, if the import duty for a certain product is 10%, the education cess on that product would be 2% of 10%, that is 0.02%.

    61 Finance Act 1999.

    62 The special additional customs duty on motor spirit is leviable in accordance with the Finance Act 2002.

    63 Finance Act 2003, Section 134; and NCCD Incidence (7th Schedule of Finance Act 2001, as amended by the 13th Schedule of Finance Bill 2003 and 8th Schedule of Finance Bill 2008).

    64 NCCD Incidence (7th Schedule of Finance Act 2001, as amended by the 13th Schedule of Finance Bill 2003 and 8th Schedule of Finance Bill 2008).

    65 Central Excise Circular No. 01/2010, 24 June 2010.

    66 Entry tax on goods is levied in several states, including Jammu and Kashmir, Himachal Pradesh, Rajasthan, Uttar Pradesh, Uttaranchal, Haryana, Punjab, Andhra Pradesh, Karnataka, Tamil Nadu, Kerala, Bihar, Assam, Orissa, Arunachal Pradesh, Chhattisgarh, West Bengal, Maharashtra, Goa, Madhya Pradesh, and Gujarat.

    67 Department of Commerce (2010a), Schedule 1: Import Policy.

    68 DGFT Notifications Nos. 46(RE-2008)/2004-2009, 24 September 2008; 67(RE-2008)/2004-2009, 1 December 2008; 111(RE-2008)/2004-2009, 16 June 2009; 22/2009-2014, 23 December 2009; and 49/2009‑2014, 24 June 2010; and No. 16 (RE-2010)/2009-2014, 3 January 2011.

    69 Department of Commerce (2010b).

    70 Under the current Import Policy Schedule (Foreign Trade Policy 2009‑14), imports of beef and products containing beef in any form are listed as prohibited (under the General Notes Regarding Import Policy). However, meat of bovine animals (fresh, frozen or chilled) are also listed as restricted (i.e. subject to licences) under the Import Policy Schedule.

    71 This section is based on the Foreign Trade (Development and Regulation) Act 1992; Foreign Trade (Regulation) Rules 1993; and WTO documents G/LIC/N/3/IND/9-11, 3 September 2007 to 27 July 2010.

    72 The conditions are stipulated in Department of Commerce (2010a), Schedule 1: Import Policy, which is amended through DGFT notifications from time to time.

    73 Including Chapter 89, 427 tariff lines at the HS eight-digit level are subject to import restrictions.

    74 Department of Commerce (2010b).

    75 This means that the imported material must be used by the importer and cannot be sold.

    76 The Foreign Trade (Development and Regulation) Act 1992; and Foreign Trade (Regulation) Rules 1993.

    77 WTO document G/LIC/N/3/IND/11, 27 July 2010.

    78 WTO document WT/TPR/M/182/Add.1, 20 July 2007; and Department of Commerce (2010b), Appendix 21B.

    79 Foreign Trade (Regulation) Rules 1993.

    80 Foreign Trade (Development and Regulation) Act 1992.

    81 Foreign Trade (Development and Regulation) Act 1992; and Foreign Trade (Regulation) Rules 1993.

    82 Information provided by the authorities.

    83 DFGT Notification No. 36/2009‑2014, 31 March 2010; and DGFT Circular No. 29/2009‑2014, 31 March 2010.

    84 Department of Commerce online information, "Trade Statistics: Imports of Sensitive Items". Viewed at: http://commerce.nic.in/tradestats/import.asp.

    85 Foreign Trade (Development and Regulation) Amendment Act 2010.

    86 iloveindia.com online information, "Importing Cars in India". Viewed at: http://www.iloveindia.com/cars/imported-cars/index.html.

    87 Imports of second‑hand cars over three‑years old are prohibited.

    88 Customs Notification No. 52/2008, 22 April 2008.

    89 WTO document G/STR/N/8/IND, G/STR/N/9/IND, G/STR/N/10/IND, and G/STR/N/11/IND, 6 May 2010.

    90 Department of Commerce (2010a).

    91 WTO (2007); USTR (2009); and MMTC online information, "MMTC Inside". Viewed at: http://www.mmtclimited.com/frame.php?url=newsitejewellery/index.htm.

    92 The Economic Times, "Offsets in Indian Defence Sector," 22 May 2009; FDI Magazine, "Countertrade Still Thrives," 8 December 2003; Indonesian Commercial Newsletter, "Indonesia—India Agrees on Counter Trade," 26 March 2002; and AsiaPulse News, "India to Use 'Counter Trade' to Boost Grain Export," 25 March 2002.

    93 USTR (2010).

    94 WTO documents G/ADP/N/1/IND/1, 15 August 1995; G/ADP/N/1/IND/2/Corr.1, 9 January 1996; and G/ADP/N/1/IND/2/Suppl.1, 23 December 1996.

    95 Directorate General of Anti-Dumping and Allied Duties (undated).

    96 Any review of a measure must be concluded within 12 months of initiation of the review.

    97 Department of Commerce online information, "Anti-dumping Trade Notices". Viewed at: http://commerce.nic.in/traderemedies/ad_tradenotices.asp?id=14.

    98 Department of Commerce, Trade Notice No. 1/2010 of 17 May 2010 introduced clarification regarding the initiation of mid-term reviews in terms of Rule 23 of the Anti‑dumping Rules (Identification, Assessment and Collection of Anti‑Dumping Duty on Dumped Articles and for Determination of Injury).

    99 Customs Notification No. 41/97, 30 April 1997.

    100 The brand rate of duty drawback comprises the actual taxes to which the exporter was subject. It is calculated after checking the documents for the different duties paid for all inputs and input services used in the manufacture of the exported good. In this fashion, any anti-dumping duty paid on imported goods used in the manufacture of goods for export may be refunded as brand rate of duty, in accordance with the drawback rules.

    101 For further information, see CESTAT online information. Viewed at: http://cestat.gov.in/.

    102 Other countries/territories affected include: Iran (11), Hong Kong, China (10), Ukraine (10), Germany (9), South Africa (9), Brazil (7) (WTO online information, "Statistics on anti‑dumping". Viewed at: http://www.wto.org/english/tratop_e/adp_e/ad_meas_rep_member_e.xls; and http://www.wto.org/english/tratop
    _e/adp_e/ad_init_rep_member_e.xls).

    103 Department of Commerce online information, "Anti-Dumping Cases in India". Viewed at: http://commerce.nic.in/traderemedies/ad_casesinindia.asp?id=2&criteria=&CurrPage=7; and WTO document WT/DAP/N/209/IND, 19 April 2011. The WTO Members most affected by the initiations during the period were: China (56), Korea and Thailand (17 each), Chinese Taipei (13), Malaysia (12), and the EU, Japan, and the United States (11 each).

    104 WTO (2007).

    105 Australia; Belarus; Bulgaria; China; the EU; France; Germany; Hong Kong, China; Indonesia; Iran; Japan; Kingdom of Saudi Arabia; Korea; Malaysia; New Zealand; Oman; Qatar; Russian Federation; Singapore; South Africa; Sri Lanka; Sweden; Switzerland; Chinese Taipei; Thailand; Turkey; the United Arab Emirates; the United Sates; and Viet Nam (WTO document G/ADP/N/209/IND, 19 April 2011).

    106 WTO document G/SCM/N/212/IND, 6 September 2010.

    107 WTO document series: DS318 (India: anti-dumping measures on certain products from the Separate Customs Territory of Taiwan, Penghu, Kinmen, and Matsu (complainant: Chinese Taipei)), 28 October 2004: still pending, but inactive as at October 2010; DS306 (India anti-dumping measures on batteries from Bangladesh (complainant: Bangladesh)), 28 January 2004: settled between the parties in 2006; and DS304 (India: anti-dumping measures on imports of certain products from the European Communities (complainant: European Communities)), 8 December 2003: still open, but inactive as at October 2010.

    108 Directorate General of Safeguards online information, "FAQ". Viewed at: http://dgsafeguards.gov.in/faq.html.

    109 Directorate General of Safeguards online information. Viewed at: http://www.cbec.gov.in/info-act/dg/dg-safeguards.htm.

    110 Foreign Trade (Development and Regulation) Amendment Act 2010.

    111 The list of developing countries for the purpose of the Agreement on Safeguards is contained in Customs Notifications Nos. 103/98, 14 December 1998; and 62/99, 13 May 1999.

    112 Directorate General of Safeguards online information, "Legal Framework". Viewed at: http://www.dgsafeguards.gov.in/Legal%20Framework.html.

    113 WTO document G/SG/N/6/IND/28, 7 January 2011.

    114 These are: production and general engineering; civil engineering (as of 1 January 2011); chemical (15 October 2010); electro-technical (1 July 2009); food and agriculture (9 June 2010); electronics and information technology (1 April 2010); mechanical engineering (1 April 2010); management and systems (1 Oct 2010); metallurgical engineering (6 July 2010); petroleum, coal, and related products (1 July 2010); transport engineering (1 January 2011); textile (1 April 2008); water resources (1 April 2010); and medical equipment and hospital planning (1 January 2011) (Bureau of Indian Standards online information, "Composition of Technical Committees". Viewed at: http://www.bis.org.in/sf/composition.htm).

    115 BIS holds secretarial responsibilities for five ISO technical committees (leather, cycles, lac, mica, and measurement of liquid flows) and for five subcommittees (spices and condiments, velocity area methods, sediment transport, raw hides and skins, and tanned leather) and participates in 51 technical committees.

    116 Information provided by the authorities.

    117 BIS technical committees comprise manufacturers, consumers, governmental agencies, regulatory authorities, experts, and laboratories.

    118 WTO document /TBT/CS/N/26, 29 January 1996.

    119 BIS Act, Section 14.

    120 For items subject to mandatory certification, see Bureau of Indian Standards online information. Viewed at: http://www.bis.org.in/.

    121 Information provided by the authorities.

    122 Bureau of Indian Standards online information, "Brief of Certification procedure for Foreign Manufacturers". Viewed at: http://www.bis.org.in/cert/fm.htm

    123 The renewal application fee is Rs 500, the licence fee is Rs 1,000 per year, and there is a minimum annual marking fee of US$2,000 and a marking fee based on production marked during the preceding operative year of licence payable in U.S. dollars less the amount already paid on a quarterly basis.

    124 Except for two of the branch laboratories, all laboratories are accredited by NABL.

    125 National Accreditation Board for Testing and Calibration Laboratories online information, "Introduction". Viewed at: http://www.nabl-india.org/nabl/html/about-intro.asp.

    126 Information provided by the authorities.

    127 For more information, see National Accreditation Board for Testing and Calibration Laboratories online information, "Laboratory Accreditation". Viewed at: http://www.nabl-india.org/nabl/html/about-lab-acc.asp.

    128 For products containing aspartame, it should not be more than three years from the date of packing.

    129 Legal Metrology (Packaged Commodities) Rules 2011.

    130 These laws include: the Prevention of Food Adulteration Act 1954; the Fruit Products Order 1955; the Meat Food Products Order 1973; the Vegetable Oil Products (Control) Order 1947; the Edible Oils Packaging (Regulation) Order 1988; the Solvent Extracted Oil, De-Oiled Meal and Edible Flour (Control) Order 1967; and the Milk and Milk Products Order 1992.

    131 Plant Quarantine (Regulation of Import into India) Order 2003.

    132 Plant Quarantine (Regulation of Import into India) Order 2003, Chapter II (General conditions for import (Requirement of Import of Wood and Timber).

    133 For the list of seaports, airports, and land frontiers in operation through which imports of plants are allowed, see Plant Quarantine (Regulation of Import into India) Order 2003, Schedule I.

    134 Secretariat of the International Plant Protection Convention (2005) and (2008).

    135 There are 357 registered fumigation agencies for methyl bromide fumigation and 157 for aluminium phosphide fumigation.

    136 Fumigation generally takes 24 hours with methyl bromide, and 7 to 10 days with aluminium phosphide.

    137 Department of Commerce (2010a), Schedule 1: Import Policy.

    138 Foreign Trade (Development and Regulation) Act 1992.

    139 Department of Valuation online information, "Procedure for Clearance of Imported and Export Goods". Viewed at: http://www.dov.gov.in/newsite3/clearance_procedure.asp.

    140 Supporting documents include: invoice, packing list, licence or quota certificate as required; no objection certificate as required and certificate of analysis as required.

    141 Chaturvedi (2009).

    142 Department of Valuation online information, "Procedure for Clearance of Imported and Export Goods". Viewed at: http://www.dov.gov.in/newsite3/clearance_procedure.asp.

    143 WTO (2007).

    144 Chaturvedi (2009).

    145 World Bank/IFC Doing Business online information. Viewed at: http://www.doingbusiness.org.

    146 The EIC has five export inspection agencies across India's major cities, supported by 38 sub-offices and laboratories. It has also accredited external inspection agencies and laboratories (Department of Commerce, 2009).

    147 A product is notified under the Export (Quality Control and Inspection) Act 1963, based mainly on the requirements of the importing countries. However, the quantity of the product exported and the number of foreign complaints are also considered while notifying a product for export. The minimum standards for export of a product are developed based on the standard specified by major importing countries, national standards, and scientific data.

    148 EIC online information, "Export Certification System: Pre-shipment Inspection and Certification Schemes". Viewed at: http://www.eicindia.org/eic/index1.htm.

    149 Department of Commerce (2010a), Schedule 2: Export Policy.

    150 Certified exports are exports of notified products that have been certified by the competent authority.

    151 EIC online information, "Food Safety Management System based Certification". Viewed at: http://www.eicindia.org/eic/index1.htm; and Department of Commerce (2009).

    152 Department of Commerce (2009).

    153 EIC online information, "Other Services". Viewed at: http://www.eicindia.org/eic/index1.htm; and Department of Commerce (2009).

    154 Italy signed an MoU with the EIC for exports of fish and fishery products (information provided by the authorities).

    155 Iron ore pellets have been fully exempt from export duty since 1 March 2011.

    156 Customs Circular No. 05/2008, 12 March 2008; and Taxindia online information, "Customs: Cess Act Notification". Viewed at: http://www.taxindiaonline.com/RC2/subCatDesc.php3?subCatDisp_Id=1&
    filename=wnew/cus-cess-01.htm.

    157 DGFT Notification No. 36(RE-2010)/2009-2014, 23 March 2011.

    158 DGFT Notification No. 5/2009-2014, 7 September 2009.

    159 DGTF Notification No. 37 (RE-2008)/2004-2009, 3 September 2008.

    160 During the 2010-11 monsoon season, an export quota of 125,000 tonnes of non-basmati rice was allowed at an MEP of US$850 per tonne.

    161 Export contracts must be registered with APEDA prior to shipment (DGFT Notifications Nos. 19/2009-2014 and 20/2009-2014, 7 December 2009).

    162 DGTF Notifications Nos. 85(RE-2007)/2009-2014, 17 March 2008; and 07 (RE-2010)/2009-2014, 30 September 2010.

    163 DGTF Notifications Nos. 04/2009-2014, 4 September 2009; and 09(RE-2010)/2009-2014, 1 November 2010.

    164 DGFT Notification No. 06/2009-2014, 8 September 2009.

    165 DGTF Notifications Nos. 35/2009-2014, 30 March 2010; and No. 35(RE 2010)/2009-2014, 23 March 2011.

    166 DGFT Notification No. 5(RE-2008)/2004-2009, 15 April 2008.

    167 Department of Commerce (2010a).

    168 For the list of SCOMET, see Department of Commerce (2010a), Schedule 2: Export Policy: Appendix 3.

    169 DGFT Notifications Nos. 44/2009-14, 21 May 2010; and 58/2009-14, 17 August 2010.

    170 DGFT Notifications Nos. 14(RE-2010)/2009-2014, 22 December 2010; and 40(RE-2010)/2009-14, 31 March 2011.

    171 DGFT Notifications No. 12(RE-2010)/2009-14, 16 December 2010.

    172 The Economic Times, "Govt suspends registration of raw cotton exports", 20 April 2010; and The Wall Street Journal, "India Allows Cotton Exports Again", 21 May 2010.

    173 Due to a significant drop in cotton production across the world, several country producers have met their shortages by importing raw cotton from India (7% cheaper than the U.S. raw cotton), hence reducing India's stocks sharply until the next cotton season (The Hindu, "Curbs on raw cotton exports", 20 April 2010; and Government of India Press Information Bureau, Press Release, "Ceiling for cotton export", 28 April 2010).

    174 DGFT Policy Circular No. 87(RE-09) 2004-2009, 4 May 2009.

    175 Department of Food and Public Distribution, File No. 3-3/2010-ES, 1 January 2011. Viewed at: http://www.mahasugarfed.org/images/pdf/Sugar%20Export%20-2011.pdf.

    176 WTO document G/STR/N/8/IND, G/STR/N/9/IND, G/STR/N/10/IND, and G/STR/N/11/IND, 6 May 2010.

    177 Information provided by the authorities.

    178 India's most recent notification on export subsidy commitments dates from 2002 and covers 1996‑97 to 2000‑01 (WTO document G/AG/N/IND/3, 1 March 2002).

    179 WTO documents G/SCM/N/186/IND, 18 October 2010; and G/SCM/N/155/IND and G/SCM/N/123/IND, 29 October 2010.

    180 WTO document G/SCM/N/71/IND, 18 October 2001.

    181 Income Tax Act 1961, Section 80HHC (Deduction in respect of profits retained for export business).

    182 WTO documents G/SCM/110, 20 October 2003; and G/SCM/110/Add.1‑Add.8, 3 June 2004‑16 June 2011.

    183 The World Bank changed its methodology: it has stopped classifying countries according to GNP, and it now classifies them according to GNI. For more information, see World Bank online information, "Methodologies: Change in Terminology". Viewed at: http://web.worldbank.org/WBSITE/EXTERNAL/
    DATASTATISTICS/0,,contentMDK:20451503~menuPK:64133156~pagePK:64133150~piPK:64133175~theSitePK:239419~isCURL:Y,00.html.

    184 WTO document G/SCM/110/Add.7, 22 June 2010.

    185 SEZ Act 2005, Chapter II; and Dohrmann (2008).

    186 Dohrmann (2008).

    187 The states that have enacted SEZ Acts are Gujarat, Himachal Pradesh, Tamil Nadu, Uttar Pradesh, Haryana, and Punjab.

    188 SEZ Rules 2006, as amended; SEZ Act 2005; and SEZ online information, "About SEZs: facilities and incentives". Viewed at: http://sezindia.nic.in/about-fi.asp.

    189 DTA means an area within India that is outside SEZs, EOUs, electronic hardware technology parks, software technology parks, and bio-technology parks.

    190 Self-certification refers to certification regarding the sealing of containers or packages of goods for export. The certificate stipulates that the containers or packages have been sealed in the presence of a person authorized on behalf of the unit (SEZ Rules 2006, as amended, Chapter IV).

    191 Export Inspection Council of India online information, "Relaxations". Viewed at: http://www.eicindia.org/eic/qc&i/relaxations.htm.

    192 SEZ Rules 2006, as amended, Chapter IV; and Department of Commerce (2010a).

    193 SEZ Rules 2006, as amended, Chapter IV.

    194 Information provided by the authorities.

    195 Information provided by the authorities.

    196 Department of Commerce (2009).

    197 If double-cropped agricultural land has to be acquired, it should not represent more than 10% of the total land required for SEZs (Department of Commerce, 2009).

    198 The Electronics Hardware Technology Parks (EHTPs), Software Technology Parks (STPs), and Bio-Technology Parks (BTPs) Schemes are similar to the EOUs Scheme in terms of requirements and benefits (Department of Commerce, 2010a).

    199 Prior to August 2008, locational restrictions applied (Chapter II(4)(ii)(b)).

    200 Department of Commerce (2010a).

    201 Central Board of Excise and Customs (2011).

    202 Export Promotion Council for EOUs and SEZs, Circular No. 77, 6 July 2009.

    203 DTA means an area within India that is outside SEZs, EOUs, electronic hardware technology parks, software technology parks, and bio-technology parks.

    204 Department of Commerce (2010a), Paragraph 6.8(h); and Central Board of Excise and Customs (2011).

    205 FDI is prohibited in manufacture of arms and ammunition, explosives, atomic substances, narcotics and hazardous chemicals, distillation and brewing of alcoholic drinks, and cigarettes, cigars, and manufactured tobacco substitutes.

    206 Export Promotion Council for EOUs and SEZs online information, "How to set-up an Export Oriented Unit". Viewed at: http://www.eouindia.gov.in/eou_settingup.htm.

    207 Information provided by the authorities.

    208 Customs Circular No. 35/2010, 17 September 2010.

    209 Customs Notification No. 103/2008, 29 August 2008, introduced the Drawback Schedule for 2008‑09. The authorities noted that the 2008‑09 Drawback Schedule also covered 2009‑10.

    210 According to Customs Notification No. 84/2010 (17 September 2010), the Drawback Schedule (items and descriptions) is aligned with rates in the Customs Tariff Act 1975 (First Schedule) at the four-digit level. However, it is not aligned at the six- or eight-digit levels.

    211 Customs Circular No. 35/2010, 17 September 2010.

    212 Customs (non-tariff) Notification No. 34/2010, 29 April 2010.

    213 Customs Notification No. 84/2010, 17 September 2010; and Department of Commerce (2010b).

    214 Customs Notifications Nos. 13/2008, 29 August 2008, and 84/2010, 17 September 2010.

    215 Customs Act 1962 (Section 76).

    216 Department of Commerce (2009).

    217 EPCs promote exports of textiles; pharmaceuticals, chemicals, and cosmetics; leather; gems and jewellery; engineering goods and civil construction projects; plastics; cashews; shellac; and sports goods. Commodity boards promote exports of tea, coffee, rubber, spices, and tobacco.

    218 These institutions are: the India Trade Promotion Organization; the export and development authorities for marine products, and for agricultural and processed food; the institutes for foreign trade, packaging, and diamonds; the Federation of Indian Export Organizations; the India Brand Equity Foundation; and the Indian Council of Arbitration (Department of Commerce online information, "About us: Autonomous Bodies". Viewed at: http://commerce.nic.in/aboutus/aboutus_epc.asp; and Department of Commerce, 2009).

    219 Established in 1982 under the Export-Import Bank of India Act 1981, the Exim Bank is wholly owned by the Government of India.

    220 The Bank provides loans, working capital, marketing support, export product development, export facilitation, import finance, and export guarantees to EOUs.

    221 Export-Import Bank of India online information, "About us: Organization". Viewed at: http://www.eximbankindia.com/organisation.asp.

    222 The guarantees include: bid bond guarantees; advance payment guarantees; performance guarantees; guarantees for release of retention money; and guarantee for raising borrowings overseas for execution of project export contracts (information provided by the authorities).

    223 Export-Import Bank of India (2010).

    224 Reserve Bank of India, Master Circular No. RBI/2010-11/80, 1 July 2010.

    225 Reserve Bank of India (2010a).

    226 According to the authorities, "liberal basis" implies that the ECGC cover is expected to provide increased comfort to exporters to export and to the banks to finance the exporters, but does not imply concessional rates of premium or terms (WTO, 2007).

    227 ECGC online information. Viewed at: www.ecgc.in/.

    228 Private insurance companies that have entered the export credit market include New India Assurance Company Ltd., Tata AIG General Assurance Company Ltd., ICICI Lombard General Insurance Company Ltd., and Bajaj Allianz General Insurance Company Ltd (Domain-B online information, "ECGC takes on competitors on their own turf", 10 April 2007. Viewed at: http://www.domain-b.com/companies/
    companies_e/export_credit_guarantee_corporation/20070410_competitors.html).

    229 Information provided by the authorities.

    230 Press Release, "Speech of the Commerce and Industry Minister on the Announcement of Trade Facilitation Measures", 26 February 2009.

    231 Income Tax Act 1961, as amended.

    232 Ministry of Finance (2007a).

    233 The term "subsidy" in this section is used as in India's Budget and other official documents, and not in the sense of the WTO Agreement on Subsidies and Countervailing Measures.

    234 Ministry of Finance (2011b).

    235 Freight Subsidy (For Far-flung Areas) Scheme 2002.

    236 The general categories of priority sectors are: agriculture (direct and indirect finance), micro and small enterprises (direct and indirect finance), micro credit, and education and housing loans (Reserve Bank of India, Master Circular No. RBI/2010-11/80, 1 July 2010).

    237 Reserve Bank of India (2010a), pp. 89-90.

    238 The nominal prime lending rate was 11%-12% for 2009/10 (Chapter I) (Reserve Bank of India, 2010c).

    239 Ministry of Finance (2009) and (2010c).

    240 Department of Industrial Policy and Promotion (2009a); and Development Commissioner online information, "List of items reserved for exclusive manufacture in micro and small enterprises". Viewed at: http://www.dcmsme.gov.in/publications/reserveditems/resvex.htm.

    241 Development Commissioner online information, "Credit Guarantee Fund Scheme for Micro and Small Enterprises". Viewed at: http://www.dcmsme.gov.in/schemes/sccrguarn.htm.

    242 Penumaka (2010).

    243 Planning Commission (2006); and Development Commissioner online information, "List of items reserved for exclusive manufacture in micro and small enterprises". Viewed at: http://www.dcmsme.gov.in/
    publications/reserveditems/resvex.htm.

    244 The share of credit to MSEs in the overall ANBC declined from 12.5% in March 2000 to 10.9% in March 2009 (from 7.8% to 4.9% for micro enterprises) (Government of India, 2010).

    245 ASSOCHAM Press Release, "74% of sick SMEs refer their sickness to low fund's availabily", 11 April 2010. Viewed at: http://www.assocham.org/prels/shownews.php?id=2387.

    246 Reserve Bank of India, Master Circular No. RBI/2010-11/79, 1 July 2010.

    247 De (2010).

    248 ASSOCHAM Press Release, "74% of sick SMEs refer their sickness to low fund's availability", 11 April 2010.

    249 Development Commissioner online information, "SSI Registration". Viewed at: http://www.dcmsme.gov.in/howtosetup/grgxx01x.htm.

    250 Development Commissioner (2009).

    251 Development Commissioner online information, "Excise and SSI". Viewed at: http://dcmsme.gov.in/policies/central/t-ed.htm.

    252 A unit is "sick" when: (i) any of its borrowal account remains substandard for more than six months; or (ii) there is erosion in the net worth due to accumulated cash losses to the extent of 50% of its net worth during the previous accounting year; and (iii) it has been in commercial production for at least two years (Reserve Bank of India, Master Circular RBI/2010-11/79, 1 July 2010). To measure incipient sickness, the criterion used is the continuous decline in output for three consecutive years, while to measure sickness, the criteria utilized are a delay in the prepayment of a loan of over one year, and a decline in net worth of 50% (Ministry of Micro, Small, and Medium Enterprises, 2009).

    253 Ministry of Micro, Small, and Medium Enterprises (2009).

    254 Information provided by the authorities.

    255 ASSOCHAM Press Release, "74% of sick SMEs refer their sickness to low fund's availabily", 11 April 2010.

    256 Reserve Bank of India, Master Circular RBI/2010-11/79, 1 July 2010.

    257 Government of India (2010).

    258 This excludes seven insurance companies.

    259 Department of Public Enterprises (2010).

    260 Profit-making CPSEs are enterprises with positive net worth, no accumulated losses, and earned net profit during the three preceding years; 70% of CPSEs are reported to be profitable (KPMG, 2010a).

    261 Department of Public Enterprises (2010).

    262 Information provided by the Indian authorities.

    263 Ministry of Finance (2010a) and (2007b).

    264 Competition Commission online information, "Rules and Regulations". Viewed at: http://www.cci.gov.in/index.php?option=com_content&task=view&id=19.

    265 Section 1(3) of the Competition Act 2002 empowers the Central Government to bring the various provisions of the Act into force on different dates by issuing a notification in Official Gazette.

    266 OECD (2009b).

    267 OECD (2009b).

    268 Department of Company Affairs, Notification S.O.1198(E), 14 October 2003. Viewed at: hpp://www.mca.gov.in/Ministry/notifications_2003.html.

    269 Various sections of the Competition Act were notified and entered into force between 2003 and 2009, through S.O.340(E), 31 March 2003; S.O.715(E), 19 June 2003; S.O.1747(E), 12 October 2007; S.O.2167(E), 20 December 2007; and S.O.1242(E) and S.O.1241(E), 20 May 2009. As at February 2011, the notification of some sections of the Act were pending. For example, section 5 dealing with the regulation of combinations (mergers and acquisitions), had not been notified, although section 6 dealing with the same issue, was notified in 2007. Sections dealing with mergers and acquisitions were notified in March 2011.

    270 CCI online information, "Orders of the Commission". Viewed at: http://www.cci.gov.in/
    index.php?option=com_content&task=view&id=150

    271 These include: (i) the power to order compensation for loss or damage incurred by contravention of its orders; (ii) a fine of Rs 100,000 per day for failure to comply with its directions; (iii) a penalty of up to 1% of total turnover or assets, whichever is higher, for failing to furnish information on a combination; and (iv) a fine of Rs 500,000 to Rs 10 million for knowingly making a false statement or omitting any material particular.

    272 Section 46 of the Act empowers the Commission to grant leniency by levying a lesser penalty on a member of the cartel who provides full, true, and vital information regarding the cartel. For details of the conditions for lesser penalty, see CCI Regulation No. 4 of 2009, 13 August 2009.

    273 Section 33(2) of the Act, introduced in the 2007 amendment, states that where during an inquiry it is proved to the satisfaction of the Commission that importation of any goods is likely to contravene specified sections of the Act, it may, by order, grant a temporary injunction restraining any party from importing such goods until the conclusion of such inquiry or until further orders, without giving notice to the opposite party.

    274 Ministry of Corporate Affairs, Notification S.O.1240(E), 15 May 2009.

    275 Competition Appellate Tribunal online information, "Introduction". Viewed at: http://compat.nic.in/Introduction.html.

    276 Competition Appellate Tribunal online information, "Cause List". Viewed at: http://compat.nic.in/
    CauseList%20of.html.

    277 Competition Commission online information. Viewed at: www.cci.gov.in.

    278 Competition Commission of India (undated b).

    279 Information provided by the Indian authorities.

    280 Ministry of Corporate Affairs, Notification GSR 808(E), 21 November 2008. Viewed at: http://www.mca.gov.in/Ministry/actsbills/rules/CCI-004_2jan2009.pdf.

    281 Competition Commission online information, "Competition, Public Policy, and Common Man". Viewed at: http://www.cci.gov.in/images/sunday1.pdf.

    282 Competition Act 2002, Chapter II, Section 3.3.

    283 Information provided by the authorities.

    284 Competition Commission online information, "Enforcement Activities Prohibition of Anticompetitive Agreements". Viewed at: http://www.cci.gov.in/index.php?option=com_content&task=view
    &id=35.

    285 Competition Act 2002, Chapter II, Section 4.

    286 Acquisitions involving large enterprises are those where joint assets amount to over Rs 10 billion or turnover amounts to over Rs 30 billion in India; or, in India and abroad, joint assets amount to over US$500 million, including at least Rs 5 billion in India, or turnover of over US$1.5 billion, including at least Rs 15 billion in India (Competition Act 2002, Section 5(a)).

    287 The term "group" is defined in the Act. Two enterprises belong to a group if one is in position to exercise at least 26% of voting rights or appoint at least 50% of the directors or controls the management or affairs in the other; and if the enterprise resulting from the amalgamation has, in India, a value of more than Rs 10 billion or a turnover of more than Rs 30 billion, or aggregate assets in India and abroad valued at more than US$500 million or a turnover of more than US$1.5 billion. That is, a combination is regulated by the law if the combined assets of the group to which the amalgamated enterprise belongs to exceed Rs 40 billion or the group has a joint turnover of more than Rs 120 billion after acquisition or merger. Similarly, the law applies to combinations of enterprises belonging to a group with combined assets outside India of more than US$2 billion, including at least Rs 5 billion in India, or a turnover of more than US$6 billion including at least Rs 15 billion in India (Competition Act 2002, Section 5(b)).

    288 Competition Act 2002, Section 6(1).

    289 Competition Commission of India (undated a).

    290 Competition Commission of India (undated a).

    291 Competition Act 2002, Chapter IX.

    292 Gouri (undated).

    293 OECD (2009b), Chapter 5: Competition Policy.

    294 A MSP is the price at which the Government guarantees to purchase from the farmer.

    295 Products subject to MSPs in 2007 were: paddy, maize, coarse cereals, pulses, cotton, groundnuts, sesame, niger seed, wheat, barley, rapeseed/mustard, safflower, sunflower seed, soy bean, toria, copra, jute, sugarcane, and tobacco (WTO, 2007).

    296 Factors taken into account include: cost of production, changes in price of inputs, input/output price parity, market prices, inter-crop price parity, effect on industrial costs, effect on cost of living, effect on general price level and international price.

    297 The Food Corporation of India (FCI) is designated under the PSS to purchase cereals; the National Agricultural Cooperative Marketing Federation of India (NAFED), Central Warehousing Corporation (CWC), and National Cooperative Consumer Federation of India Ltd (NCCF) are designated to purchase pulses and oilseeds; the Cotton Corporation of India and NAFED to purchase cotton; and the Jute Corporation of India to purchase jute.

    298 The price for wheat remains at Rs 4.15/kg for consumers below poverty line (BPL), and Rs 2/kg for Antyodaya Anna Yojana (AAY) (i.e. the poorest of the poor); and for rice, it is Rs 5.65/kg for BPL and Rs 3/kg for AAY (information provided by the authorities).

    299 Sugarcane Control (Amendment) Order 2009.

    300 Other factors taken into account to fix the FRP include: the cost of production of sugarcane; the return that growers would have if planting alternative crops; the general trend of prices of agricultural commodities; supply of sugar to consumers at a "fair" price; price of refined sugar (made with sugarcane) at the mill; earnings made from selling by‑products (e.g. molasses, bagasse, and pressed mud); and a "reasonable" profit margin for sugarcane producers to also account for risk.

    301 PRS Legislative Research (2009).

    302 Under this scheme, each unit is awarded an ex-factory price based on prescribed norms with respect to capacity utilization and consumption of inputs. This ex-factory price is referred to as the retention price. The post-tax return of 12% on networth is considered as a reasonable return in this scheme. The difference between the retention price and the APM is paid back to the oil company manufacturer as subsidy.

    303 Ministry of Petroleum and Natural Gas online information, "Pricing". Viewed at: http://www.petroleum.nic.in/apppric.htm.

    304 Information provided by the authorities.

    305 PDS Kerosene and Domestic LPG Subsidy Scheme 2002. Viewed at: http://ppac.org.in/
    notifications/A11-03.pdf.

    306 Freight Subsidy (For Far-flung Areas) Scheme 2002. Viewed at: http://ppac.org.in/
    notifications/A10-03.pdf.

    307 Information provided by the authorities.

    308 "Trade parity pricing" is based on the weighted average of import and export prices taking into account the inland freight, the marketing margin, the dealers commission, the excise duty, and the VAT, state entry taxes, and local levies (information provided by the authorities).

    309 Information provided by the authorities.

    310 Information provided by the authorities.

    311 The NPS replaced the retentions price scheme (RPS) in 2003.

    312 The Nutrient Based Subsidy (NBS) Policy is applicable for muriate of potash (MOP), di ammonium phosphate (DAP), mono ammonium phosphate (MAP), triple super phosphate (TSP), single super phosphate (SSP), ammonium sulphate, and 16 grades of NPK fertilizers (complex fertilizers containing nitrogen, phosphorus, and potash elements together) (Information provided by the authorities).

    313 Genetically engineered drugs produced by recombinant DNA Technology and specific cell/tissue targeted drug formulations will not be put under price control for the first five years from the date of manufacture in India.

    314 "Bulk drug" means any pharmaceutical, chemical, biological or plant product, including its salts, esters, stereo‑isomers, and derivatives, conforming to pharmacopoeial or other standards specified in the Second Schedule to the Drugs and Cosmetics Act 1940, and which is used as such or as an ingredient in any formulation. Scheduled bulk drug means a bulk drug specified in the First Schedule of the Drugs (Prices Control) Order 1995. "Scheduled formulation" means a formulation containing any bulk drug specified in the First Schedule either individually or in combination with other drugs (Medindia online information, "Drug Price in India". Viewed at: http://www.medindia.net/buy_n_sell/pharm_industry/ph_drugprice.asp#ixzz1DICK
    GpbB).

    315 National Pharmaceutical Pricing Authority online information, "Modifications in Drug Policy 1986: Investment and Pricing". Viewed at: http://www.nppaindia.nic.in/Dp1986mod.htm#present.

    316 Non-scheduled formulation means a formulation not containing any bulk drug specified in the First Schedule to the Drugs and Cosmetics Act 1940.

    317 This section is based on: ADB (2006); Global Legal Group (2010), Chapter 20; Ministry of Finance (2006a); Ministry of Finance (2006b); General Financial Rules 2005; and Indian Government Tenders Information System online information. Viewed at: http://www.tenders.gov.in.

    318 Radhakrishnan (2010).

    319 Global Legal Group (2010).

    320 Global Legal Group (2010).

    321 Global Legal Group (2010).

    322 These rules were overhauled extensively in 2005.

    323 Radhakrishnan (2010).

    324 General Financial Rules 2005.

    325 Directorate-General of Supplies and Disposals (2010).

    326 Department of Public Enterprises, Office Memorandum No. DPE/13(15)/2007-Fin, 21 November 2007. Viewed at: http://dpe.nic.in/newgl/glch0612.htm.

    327 Department of Public Enterprises, Office Memorandum No. DPE/13(15)/2007-Fin, 21 November 2007; and Central Vigilance Commission, Circular No. 31/10/09, 9 November 2009. Viewed at: http://cvc.nic.in/rppp101109.pdf.

    328 Ministry of Chemicals and Fertilizers, Office Memorandum No. 50013/1/2006-SO (PI-IV), 7 August 2006. Viewed at: http://haryanahealth.nic.in/userfiles/file/pdf/guidelines_EDL_RC.pdf.

    329 For a the full list of medicines manufactured by CPSEs and proposed for purchase preference, see Ministry of Chemicals and Fertilizers, Office Memorandum No. 50013/1/2006-SO (PI-IV), 7 August 2006.

    330 News on Projects online information, "Purchase preference policy for pharma CPSEs' products cleared", 5 September 2007. Viewed at: http://newsonprojects.com/story.asp?news_code=2541.

    331 The BIS is India's national standards body.

    332 For details on e-procurement activities, see DGS&D online information. Viewed at: www.dgsnd.gov.in.

    333 Ministry of Defence (2011).

    334 In the DPM, the term "procurement" means acquiring all types of goods (both scaled and non‑scaled), such as equipment, stores, spares, technical literature, as well as all types of services, including packing, unpacking, and preservation.

    335 Ministry of Defence (2009).

    336 The Paris Convention (Industrial Property), since December 1998; the Berne Convention (Literary and Artistic Works), April 1928; the Patent Cooperation Treaty (PCT) (Patents), December 1998; the Geneva Convention (Unauthorized Duplication of Phonograms), February 1975; Budapest Treaty (Deposit of Micro‑organisms), December 2001; and the Nairobi Treaty (Olympic Symbol), October 1983 (WIPO online information, "Information by country: India". Viewed at: http://www.wipo.int/members/en/details.jsp?
    country_id=80&country_code=IN).

    337 Department of Industrial Policy and Promotion online information, "Memorandum of Understanding on IPRs". Viewed at: http://dipp.nic.in/index_mou_ipr.htm.

    338 WTO document IP/N/3/Rev.9/Add.3, 16 February 2007.

    339 Department of Industrial Policy and Promotion (2009b).

    340 Gazette of India, 15 September 2003.

    341 Ministry of Commerce and Industry, Notification No. 12/15/2006-IPR-III, 2 April 2007.

    342 Intellectual Property Appellate Board online information. Viewed at: http://www.ipab.tn.nic.in/.

    343 Registered patent agents must be Indian citizens and be at least 21 years old; they must have a degree in science, engineering or technology from any Indian university, and must have passed the qualifying examination prescribed for the purpose, or must have functioned as a patent examiner for at least ten years.

    344 Controller General of Patents, Design, and Trade Marks online information, "Patents Territorial Jurisdiction of Appropriate Office for the Applicants". Viewed at: http://ipindia.nic.in/ipr/patent/patents.htm.

    345 Patents Act 1970, Sections 3 and 4.

    346 Any country that the Government of India notifies in the Official Gazette for the fulfilment of a treaty, convention or an arrangement, and which affords to citizens of India similar privileges as are granted to its own citizens.

    347 Patents Act 1970, Chapter VI, Sections 29-34.

    348 It is possible to file for pre-grant opposition even before a request for examination has been filed. However, it will be considered only if and when a request for examination is received within the prescribed period.

    349 Pre-grant opposition must be made within four months of publication of the application, while the period for post-grant opposition is up to one year. The grounds for filing post-grant opposition are contained in the Patents Act 1970, Section 25(1).

    350 Patents Act 1970, Chapter XVI, Section 84.

    351 Information provided by the authorities.

    352 Patent Act 1970, Section 92A.

    353 Patent Act 1970, Section 107A.

    354 As of 20 July 2007, the Indian Patent Office has put in place an online filing system for patent applications. This facility is also available for filing trade mark applications.

    355 Department of Industrial Policy and Promotion (2009b).

    356 Patents Act 1970, Chapter XX (penalties).

    357 Trade Marks (Amendment) Bill 2009.

    358 Trade Marks (Amendment) Rules 2010.

    359 Information provided by the authorities.

    360 Trade Marks (Amendment) Rules 2010. The major change introduced by the Rules 2010 is an amendment to the Fourth Schedule of the Trade Mark Rules to allow for the adoption of all 45 international classes. International classes 43, 44, and 45 were merged into class 42 in India until May 2010; a separate application must now be filed for services under these classes (Aswal, 2010).

    361 Electronically via the online Trade Marks Registry (Comptroller General of Patents Designs and Trade Marks online information, "E-filing of trade mark application". Viewed at: http://ipindia.nic.in/tmr_
    new/default.htm).

    362 These include trade marks that are devoid of any distinctive character or consist exclusively of marks or indications that may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or service; as well as marks or indications that have become customary. Registration of names of chemical elements or international non-proprietary names is prohibited.

    363 For all the required forms, see Trade Marks Registry online information, "The First Schedule". Viewed at: http://ipindia.nic.in/tmr_new/first_schedule_forms/the_first_schedule.htm.

    364 Department of Industrial Policy and Promotion (2009b).

    365 Department of Industrial Policy and Promotion (2009b).

    366 Department of Industrial Policy and Promotion (2009b).

    367 Intellectual Property Rights (Imported Goods) Enforcement Rules 2007.

    368 Customs Notification No. 47/2007, 8 May 2007.

    369 Most recent information available provided by the authorities.

    370 For the application form, see Controller General of Patents, Designs, and Trade Marks online information, "Designs: Forms". Viewed at: http://www.patentoffice.nic.in/.

    371 Department of Industrial Policy and Promotion (2009b).

    372 Intellectual Property Rights (Imported Goods) Enforcement Rules 2007.

    373 For the forms and other general information, see Copyright Office online information, "Handbook of copyright law". Viewed at: http://copyright.gov.in/Documents/handbook.html.

    374 "Indian work" is defined as an artistic work by a citizen of India or a cinematographic film or record made or manufactured in India (Articles 31 and 31A).

    375 Geographical indications will not be registered if their use will likely deceive or cause confusion, would be contrary to any law in force, and if they comprise or contain scandalous or obscene matter or any matter likely to hurt religious susceptibilities, which would otherwise not be entitled to protection in a court. In addition, GIs determined to be generic names or indications of goods and therefore not protected in their country of origin, or that falsely represent that the goods originate in another country will not be registered.

    376 Infringement is defined under the Act as: use of the geographical indication to indicate or suggest that the goods originate in a geographical area other than the true place of origin in a misleading manner; use that constitutes an act of unfair competition, including passing off; and use of a geographical indication to falsely indicate that the goods are those to which the registered GI relates.

    377 These include goods such as Darjeeling tea, Pochampally ikat and Chanderi sarees, Mysore agarbathi, Kullu shawls, Coorg oranges, Aranmula mirrors, and Kancheepuram silk (Department of Industrial Policy and Promotion, 2009b).

    378 "Branded Seed" means any seed put in a package or any other container and labelled in a manner indicating that such seed is of a variety protected under this Act.

    379 Farmers' Rights Act, Chapter VI, Section 39.

    380 Information provided by the authorities.

    381 Information provided by the authorities.

    382 Information provided by the authorities.

    383 De Ranbaxy (2010).

    384 The NIIPM is a central government organization under the Ministry of Commerce and Industry engaged in conducting training and awareness programmes relating to IPRs (National Institute for Intellectual Property Management online information. Viewed at: http://www.patentoffice.nic.in/niipm/index.htm; and Department of Industrial Policy and Promotion, 2009b).

    385 Customs (non-tariff) Notification No. 47/2007, 8 May 2007.

    386 Intellectual Property Rights (Imported Goods) Enforcement Rules 2007.



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