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India and WTO
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| Words: 1565 | Submitted: 13-Dec-2011
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Descriptionindia and wto
India and WTO
Questions and Answers:-
India’s commitment to WTO.
A- India is committed to phased liberalization of trade and investment and progressive integration of its domestic economy with the world economy. Post 2005, India is likely to be the largest free market economy in the world, purely on account of her 1 billion populations. India’s progress in fulfilling her commitment to the WTO can be explained as follows –
Quantitative Restrictions – India has been maintaining QR’s on imports on BoP grounds and had committed to the WTO that the QR’s will be completely phased out by 2003. However, the United States had filed a case in the WTO dispute settlement body against these QR’s in May 1997. The DSB had ruled against India and had found that India’s QR’s on imports were not justified on BoP grounds. The DSP recommended that India should bring its imports regime in conformity with its commitment under the WTO agreement. Accordingly, quantitative restrictions on all imports were withdrawn on April 2001.
Trade Related Intellectual Property Rights (TRIPs)– The agreement on TRIPS lays down the minimum standards of protection to be adopted by the parties in respect of -
Lay-out designs of integrated circuits and
Protection of trade secrets and its enforcement
The developing countries were given a transition period of 5 yrs to implement the TRIPs agreement. Those countries who don’t give product patents in certain areas were given the facilities to delay the provisions of product patents for an additional period of 5yrs on the condition that these countries will provide exclusive marketing rights for products which obtain patents after 1st Jan 1995. India cleared the patents (Amendments) Act, 1999 in March 1999 to provide for exclusive marketing rights.
Commitments related to industrial design and lay-out design of integrated circuits – Under WTO agreements, the Government of India has committed to protect new industrial design and lay-put design of integrated circuit. The bill related with industrial design and lay-out design was cleared by parliament in December 1999 and bill related with industrial design has been introduced in Rajya Sabha on 20th Dec 1999.
Copyrights and related rights – In case of rights of performers, producers of phonograms and broadcasting organizations, the agreement requires compliance with the provision of the Berne Convention. Computer programs are to be protected as literary works. The term of protection for copyrights and rights of performers and producers of phonograms is 50yrs. In case of broadcasting organizations the term is 20yrs. Since India is a signatory to the Berne convention, India has to comply with its provisions. Accordingly the Copyright Act 1957 was amended in 1994 to be in tune with the requirements of the TRIPs agreement. A bill to increase the term of ...
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