Tokyo mini-ministerial: India articulates farm and development
concerns
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An informal
meeting of about 20 Trade Ministers of the Member States of the World Trade Organisation
(WTO) was held in Tokyo at the invitation of Japanese Government from 14-16 February,
2003. The Indian delegation was jointly led by Mr. Arun Jaitley, Minister of Commerce
& Industry and Law & Justice and Mr. Ajit Singh, Minister of Agriculture. The
other members of the Indian delegation were: Mr. Dipak Chatterjee, Commerce Secretary;
Mr. S.N. Menon, Additional Secretary, Ministry of Commerce & Industry;
Mr. K.M. Sahni, Additional Secretary, Ministry of Agriculture and Mr. K.M. Chandrasekhar,
Ambassador of India to the WTO in Geneva. The DG/WTO also attended the informal
Mini-Ministerial Meeting. |
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The meeting reviewed all major WTO
issues under negotiations in the ongoing Doha Work Programme, including market access for
agricultural and non-agricultural products and services; TRIPs and Public Health; Special
& Differential Treatment; Implementation-related issues and concerns; Rules & the
Singapore issues of Trade and Investment, Trade & Competition Policy, Transparency in
Government Procurement and Trade Facilitation.
At this meeting, India forcefully articulated the need to restore the development agenda
as the central focus of WTO negotiations, as mandated in the Doha Ministerial Declaration.
India strongly expressed its concern over the slow progress in the area of
development-related issues suchas TRIPs and Public Health; Implementation issues and
Special & Differential Treatment issues and stated that the success or otherwise of
the forthcoming Cancun Ministerial Conference of the WTO in September this year would
greatly depend on the resolution of these issues. Participants from many other
developing countries such as Brazil, Kenya, Costa Rica, Nigeria, Lesotho and Senegal
strongly supported Indias statement.
Since agriculture was a priority sector for all countries, India pointed out that
satisfactory resolution with respect to distortions in global agricultural trade can take
place only if both domestic support and export subsidies were substantially reduced or
eliminated in the developed countries. India strongly emphasised the highest priority that
it would give to the protection of its farmers and their well being. India also stressed
the need for sufficient special and differential treatment provisions for developing
countries, such as the use of special safeguard measures to prevent surge in imports. It
pointed out the lack of flexibility it had on market access in agriculture.
In respect of non-agricultural products, India strongly advocated increased market access
for products of export interest to India such as textiles, leather goods. Expressing
strong interest in the services negotiations, India asked for greater liberalisation
in the movement of natural persons.
On Singapore issues, India reiterated its stand that these issues did not
fall within the purview of WTO which should focus on trade related issues only. In the
area of Rules, India called for stronger disciplines in anti-dumping and anti-subsidy so
as to ensure that the market access achieved through reduction in tariffs and elimination
of non-tariff barriers is not negated through trade defence measures.
Since this was an informal meeting, discussions were in the form of exchange of view of
participating countries with no declared outcome. The object was to see how further
progress can be made in taking forward the Doha Work Programme by the time of the Fifth
Ministerial Conference to be held in Cancun, Mexico this year. The Ministers in this
meeting resolved to make a fresh effort to achieve progress in areas, which are of vital
interest to the developing countries.
Continues dialogues with stake holders are being held to finalise Indias
position on various WTO issues. Based on these inputs, India seeks to protect its national
interests by actively participating in the negotiations and articulating its position
effectively. Further, it is also making bilateral, plurilateral and multilateral
efforts, both with developed and developing country members, so as to ensure that
interests of developing countries, including India are fully protected. India would make
utmost efforts to ensure a balanced outcome at the end of the negotiations that would try
to protect the interests of all WTO Members and also to ensure that the
development-oriented focus of the Doha mandate is fully preserved in the final results of
the negotiations.
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INDIA FOCUSSES ON DEVELOPMENT AGENDA AT WTO SPELLS OUT PRIORITIES
FOR CANCUN
India has forcefully articulated the
need to restore the development agenda as the central focus of WTO negotiations, as
mandated in the Doha Ministerial Declaration. All the major WTO issues were reviewed at
the informal meeting of the Ministers of Trade and Agriculture of about 20 World Trade
Organisation (WTO) member countries held in Tokyo from 14-16 February 2003, at the
invitation of the Government of Japan. Participating in the discussions, Mr. Arun Jaitley,
Minister of Commerce and Industry and Law and Justice, Government of India, strongly
expressed Indias concern over the slow progress in the area of development-related
issues such as, TRIPS and Public Health, Implementation issues and Special and
Differential Treatment issues and categorically stated that the resolution of these issues
would be
a sine qua non for the success of the next Ministerial Conference of the WTO at Cancun in
September 2003. India was strongly supported on this by the other participating developing
countries at the Tokyo meet, including Brazil, Kenya, Costa Rica, Nigeria, Lesotho and
Senegal. Participants from many developing countries also acknowledged the need to adhere
to the deadlines for making headway in the negotiations. Consequently, the Ministers
resolved to make a fresh effort to achieve progress in these areas, which are of vital
interest to the developing countries.
An important issue discussed in Tokyo was the first draft of the modalities on the
negotiations in agriculture. As anticipated, there were sharp differences between the EC
and the US and the Cairns group on this draft. Mr. Ajit Singh, the Indian Minister for
Agriculture strongly emphasized the highest priority that India would give to the
protection of her farmers and their well being. As far as India is concerned, there are
some positive features in the draft in the form of provisions for Special and Differential
Treatment for developing countries in the area of agriculture. However, India has
reservations on the proposed reduction in the bound rate of tariffs and therefore, while
noting some of the positive aspects, the Agriculture Minister pointed out the lack of
flexibility that India had on the market access in agriculture.
In respect of market access in non-agricultural products, Mr. Jaitley highlighted
Indias proactive agenda in consonance with our domestic policy of autonomous
liberalisation. He strongly advocated increased market access for products of export
interest to India such as textiles, leather and other goods. He also emphatically flagged
the need to protect certain domestic sectors and to ensure that our revenue needs are not
compromised because of liberalisation. In the services sector, India has expressed its
strong interest. Most Ministers at the Tokyo meet appreciated Indias aggressive
approach in the services negotiations and took note of the fact that India has made more
than 60 requests of other countries for market access in services, which makes India by
far the most active amongst the developing countries. Mr. Jaitley expressed Indias
strong interest in the movement of natural persons as service providers and asked for
greater liberalisation in this mode of delivery of services.
On Singapore issues, namely investment, competition policy, government procurement and
trade facilitation, Mr. Jaitley pointed out that these issues did not fall within the
purview of the WTO, which should focus on trade related issues, while the EC, Japan and
some other countries pressed for the inclusion of these issues in the WTO agenda. India
also called for stronger disciplines in anti-dumping and anti-subsidy in order to ensure
that market access obtained through reduction in tariffs and removal of non-tariff
barriers is not negated through protectionist trade defence measures.
Looking to the future, India has suggested a six-point road map to Cancun. Speaking on the
Session on the Road to Cancun at the Tokyo meet, Mr. Jaitley has proposed that the first
priority should be to restore trust and confidence in the WTO system and said that this
would be possible through early resolution of the pending development related issues -
TRIPs and Public Health, progress in the areas of Special and Differential Treatment and
Implementation issues. This can only take place if there is active engagement from
the developed countries during the negotiations, he said.
Secondly, the Director General of the WTO in his capacity as Chairman of the Trade
Negotiations Committee (TNC) could consider a possible road map for the months ahead with
clear deadlines. Thirdly, as a confidence building measure, the issue of internal
transparency in the negotiations at the WTO should be resolved. Fourth, there should be a
clear focus onachieving future deadlines as laid down in the Doha Ministerial Declaration.
In this context, India has pointed out that since agriculture is a priority sector for all
countries, satisfactory resolution with respect to removal of distortions in global
agricultural trade can take place only if both domestic support and export subsidies are
substantially reduced or eliminated in the developed countries. Market Access in the
developing countries needs to be carefully calibrated so that social tensions in the rural
areas do not occur. Adequate bound rates and special safeguards must be available to
prevent surge of imports, Mr. Jaitley stressed. Fifthly, in order to avoid an
overload of agenda at Cancun, completion of as much work as possible and as much consensus
as possible in Geneva would be necessary so that only the most important issues could go
to the Ministers for resolution at Cancun. And, finally, that there could be small
meetings of Ministers and senior officials to focus on specific pending issues at Geneva
rather than taking up overall reviews of work. Mr. Jaitley warned against slippage in the
deadlines prescribed at Doha and hoped that substantive progress would be achieved in the
content of the negotiations.
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JAITLEY
STRESSES FLEXIBILITY IN FARM TARIFFS TO PROTECT INDIAN FARMERS
Mr. Arun Jaitley, Minister
of Commerce & Industry and Law & Justice, has said that India wants a far greater
flexibility as far as agricultural tariffs are concerned in the WTO negotiations on
agriculture in order to protect the interests of the Indian farmers. Speaking to the media
at the end of the Informal Meeting of WTO Ministers held in Tokyo from 14-16 February
2003, Mr. Jaitley said that participation in this meeting had been very vital for India as
several market access issues were taken up and the foremost which concerns us
immediately is agriculture. Whereas we are somewhat satisfied that issues of reduction of
domestic support and export subsidies in the developed countries are a part of the
agricultural agenda (in the draft modalities for negotiations on agriculture circulated
earlier), we are still deeply concerned about market access in developing countries,
particularly in India, where a large part of the rural population dependent on agriculture
could be adversely hit if market access is given. We, therefore, want a far greater
flexibility as far as agricultural tariffs are concerned. Mr. Jaitley said another
vital issue of concern to India related to the developmental issues - i.e. besides
Implementation issues and Special & Differential Treatment, the whole question of
TRIPS and Public Health. It is extremely important for countries which do not have
manufacturing facility as far as pharmaceuticals are concerned, and we have represented
the viewpoint of those countries effectively at this meeting, he said. Responding to
questions about a reported proposal made by Brazil to break the deadlock on TRIPs and
Public Health, Mr. Jaitley explained that the proposal was made in passing in the
Brazilian Ministers speech and said we have not examined the proposal in
depth. Once we receive it, we will give our reaction to it. He also said, we
stand by our position that there should be no dilution of the spirit of Doha and we have
given our
consent only to the 16th of December text of the Chairman of the TRIPS Council.
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AJIT
SINGH STANDS BY INDIAS FARMERS HIGHLIGHTS INDIAS CONCERNS ON AGRICULTURE AT
TOKYO MEET
In the Informal Meeting of the World Trade Organisation (WTO) Trade Ministers-
Mini Ministerial - in Tokyo this morning, Mr. Ajit Singh, Minister for Agriculture, made a
strong pitch for protecting the livelihood concerns of the millions of Indias small
and marginal farmers. He pointed out that India has 20 major agro climatic zones and that
there are as many as 33 crops on each of which more than 5 million lives are dependent. He
reminded his select audience that any agreement on trade and agriculture must take care of
the farmers who cannot be redeployed elsewhere. He made it clear that it would be
difficult for India to support any reform agenda which deprives farmers of their basic
rights.
The Session on Agricultural Market Access was attended by Ministers from 23 countries. Mr.
Ajit Singh said he expected positive results from the Mini Ministerial in all the three
interlinked pillars of the WTO Agreement on Agriculture, namely, domestic support, market
access and export competition. During his stay in Tokyo, the Agriculture Minister also
utilised the opportunity to hold bilateral meetings with his counterparts from New
Zealand, South Korea, Japan, Canada and the European Community Commissioner for
Agriculture.
The following is the text of the Agriculture Ministers intervention at the Session
on Agricultural Market Access in Tokyo on 15 February, 2003:
Madam Chair, I wish to convey my sincere appreciation for the initiative taken to
convene this meeting, and for setting at the outset the agenda on agriculture related
issues in the right perspective. It is a valuable opportunity to exchange views on the
three pillars of the Agreement on Agriculture and, also, the other relevant issues as
provided in the Doha mandate, particularly now that Chairman Stuart Harbinson has brought
out his first draft of the modalities paper. I had also visited Geneva in January 2003,
and had the opportunity then to discuss agriculture-related issues with the DG, WTO, Mr.
Supachai, Chairman Stuart Harbinson and Secretariat officials, and with various
delegations. I recall also my fruitful interaction with my Swiss counterpart Dr. Joseph
Deiss and I am happy to meet with him once again here today.
Throughout the negotiations during the past few months, India has been emphasising the
inter-linkages between the three pillars in agriculture. We have indicated time and again
the importance of ensuring speedy elimination of market distortions arising as a result of
domestic support and export subsidies. We have said also that mere transfer of domestic
support from the amber box to the green box will not significantly reduce market
distortions. We had urged tighter disciplines on the green box. We had mentioned also the
specific problems that we face in our own agricultural economy. With more than 650 million
people, constituting 65% of Indias population, dependent on agriculture, this is a
sector of utmost sensitivity to us, as it is to many other similarly placed developing
countries. The agriculture negotiations are, therefore, of vital importance to us, and we
expect positive results that would protect the interest of our small and marginal farmers.
We would like to see more market access in this area in some of the developed country
markets which are presently closed to us and to several other developing countries.
However, I must emphasise that market access is not a function of tariffs alone. There is
little purpose in reducing tariffs if other barriers are created in the form of various
non-tariff measures, including sanitary and phyto-sanitary measures, and if there is a
steady decline in prices because of high domestic support in developed countries.
It is in this context, therefore, that we need to examine the first draft of the
modalities submitted by the Chairman on 12 February 2003. We received it only after we had
left Delhi and, therefore, would need to analyse the fine print in greater detail in due
course. Hence, what we discuss today can only be on the basis of first impressions, which
may undergo change as our experts examine the 26-page document of the Chairman now before
us.
There seem to be some positive aspects in this paper. On domestic support, I see a
proposal for substantial reduction of AMS, a product-specific cap on domestic support
levels, reduction of de minimis levels over a period of five years for developed
countries, an attempt to tighten the criteria for domestic support under paragraphs 5, 6,
7, 11 and 13 of the green box, and an attempt to control blue box payments. These are not
measures which will completely solve the market distortion problems arising out of
domestic support, but are steps in the right direction and we could work further on them.
We notice a similar attempt for elimination of export subsidies, and to discipline export
credits and food aid. We, however, continue to have reservations on the proposals made in
respect of market access. We do not believe that the market access problems faced by
countries such as ours with sizeable populations dependent on agriculture have been fully
addressed. When we discuss the first draft in Geneva later this month, our negotiators
will be expressing our apprehensions in this area.
We, however, note that the first draft reflects, to some extent, the need of developing
countries for special and differential treatment in the important area of agriculture. The
retention of de minimis level at 10% for developing countries, clearer definition of
Article 6.2, new flexibility for maintaining domestic production capacity for food
security purposes, and changes in the minimum crop loss trigger for government
participation in crop insurance schemes, are some of the proposals which reflect the
Chairmans sensitivity to the requests made by developing country members. Likewise,
we note the attempt to maintain existing latitudes and to expand them, wherever needed, to
meet the specific requirements of developing countries. However, much work still remains
to be done to ensure that there is no adverse market access impact on our indigent farming
community.
Now that the first draft is on the table, it is upto us to further negotiate during the
weeks to come and ensure a satisfactory outcome which, as we all know, will largely
determine the success or otherwise of the Doha Work Programme. The diversity of Indian
agriculture can be gauged by the fact that we have 20 major agro-climatic zones and that
there are as many as 33 crops on each of which alone more than 5 million lives are
dependent. I wish to conclude by reminding ourselves that any agreement on trade and
Agriculture must take care of the most urgent livelihood concerns of the farmers dependent
solely on agriculture in the developing countries. Our farmers cannot be redeployed
elsewhere, and it will be difficult for us to support any reform agenda, which deprives
them of their livelihood and brings them onto the streets of our cities in search of jobs.
The consequences of such a development could tear asunder the very fabric of our society
and polity.
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Feed
back on tokyo

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(Jansatta,
19.2.03) |

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(Dainik Jagran,
19.2.03) |
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(Jansatta, 19.2.03)
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(Hindustan,
19.2.03)
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Agriculture
: First draft of modalities for negotiations
Following is the text of first
draft of the modalities paper, circulated to member governments on 12 February
2003, on the eve of the informal meeting of Trade Ministers in Tokyo ahead of the
2428 February negotiations meetings.
The modalities are targets (including numerical targets) for achieving
the objectives of the negotiations, as well as issues related to rules. Due to be
completed by 31 March 2003, they will set parameters of the final agreement to be reached
by 1 January 2005.
In preparing this first draft, the negotiations chairperson, Stuart Harbinson, drew
on the 18 December 2002 overview paper, which was reviewed at a negotiations session of
the Agriculture Committee on 2224 January 2003. This in turn was based on proposals
made in the agriculture negotiations between March and December 2002.
Introduction
Under the programme adopted by the Special Session of the Committee on Agriculture on
26 March 2002, the Chairman is required to prepare the first draft of modalities for
further commitments for circulation in advance of the Special Session to be held on 24-28
February 2003 (TN/AG/1 refers). In accordance with this requirement, the Chairman submits
herewith this first draft on his own responsibility.
The draft is based on the work carried out during the series of formal and informal
Special Sessions of the Committee on Agriculture and related intersessional and technical
consultations conducted in accordance with the mandate provided by Ministers at Doha and
the programme thereunder as adopted by the Special Session on Agriculture on 26 March
2002. Paragraphs 13 and 14 of the Doha Ministerial Declaration provide (WT/MIN(01)/DEC/1
refers):
13. We recognize the work already undertaken in the negotiations initiated in early
2000 under Article 20 of the Agreement on Agriculture, including the large number of
negotiating proposals submitted on behalf of a total of 121 Members. We recall the
long-term objective referred to in the Agreement to establish a fair and market-oriented
trading system through a programme of fundamental reform encompassing strengthened rules
and specific commitments on support and protection in order to correct and prevent
restrictions and distortions in world agricultural markets. We reconfirm our commitment to
this programme. Building on the work carried out to date and without prejudging the
outcome of the negotiations we commit ourselves to comprehensive negotiations aimed at:
substantial improvements in market access; reductions of, with a view to phasing out, all
forms of export subsidies; and substantial reductions in trade-distorting domestic
support. We agree that special and differential treatment for developing countries shall
be an integral part of all elements of the negotiations and shall be embodied in the
Schedules of concessions and commitments and as appropriate in the rules and disciplines
to be negotiated, so as to be operationally effective and to enable developing countries
to effectively take account of their development needs, including food security and rural
development. We take note of the non-trade concerns reflected in the negotiating proposals
submitted by Members and confirm that non-trade concerns will be taken into account in the
negotiations as provided for in the Agreement on Agriculture.
14. Modalities for the further commitments, including provisions for special and
differential treatment, shall be established no later than 31 March 2003. Participants
shall submit their comprehensive draft Schedules based on these modalities no later than
the date of the Fifth Session of the Ministerial Conference. The negotiations, including
with respect to rules and disciplines and related legal texts, shall be concluded as part
and at the date of conclusion of the negotiating agenda as a whole.
This draft should also be seen against the background of the Chairmans recent
references to the difficulty participants have so far had in building bridges between
widely divergent positions and to the consequent lack of guidance on approaches to
solutions. It therefore represents no more than a first attempt to identify possible paths
to solutions. It does not claim to be agreed in whole or in any part and is without
prejudice to the positions of participants.
Square brackets are used in a number of places for a variety of purposes, such as to put
forward figures for indicative purposes, to suggest alternatives, or possible
formulations. Where text is not in square brackets, this does not convey any degree of
acceptance. In a few areas, the text has not been fully elaborated and any resulting
unevenness may need to be ironed out. Based on the third sentence of paragraph 14 of the
Doha Ministerial Declaration, not all of the elements of the draft and its attachments may
need to be finalised in detail by 31 March 2003, bearing in mind that negotiations will
continue well beyond that date. Further consultations on these matters will be arranged.
It is the Chairmans earnest hope that this first draft will stimulate further and
immediate, meaningful and serious negotiations between participants, so as to enable an
improved second draft to be prepared in March.
General Provisions and Terms
Unless otherwise specified below, the following general provisions and terms shall apply:
(a) Product coverage
The product coverage as specified in Annex 1 of the Agreement on Agriculture shall apply
(hereafter referred to as agricultural products).
(b) Year
Year in relation to the specific commitments of a Member refers to the
calendar year, financial or marketing year specified in the Schedule relating to that
Member.
(c) Commitment
The term commitment includes concessions.
(d) Starting-point of reduction commitments
The starting-point for the first instalment of the reduction commitments in all areas
shall be the beginning of year 1 of the respective implementation periods. Subsequent
reductions shall be made at the beginning of each of the following implementation years.
Market Access
Tariffs
Tariffs, except in-quota tariffs, shall be reduced by a simple average for all
agricultural products subject to a minimum reduction per tariff line. The base for the
reductions shall be the final bound tariffs as specified in the Schedules of Members.
Except as provided in paragraph 14 below, the tariff reductions shall be implemented in
equal annual instalments over a period of [five] years, applying the following formula:
(i) For all agricultural tariffs greater than [90 per cent ad valorem] the simple average
reduction rate shall be [60] per cent subject to a minimum cut of [45] per cent per tariff
line.
(ii) For all agricultural tariffs lower than or equal to [90 per cent ad valorem] and
greater than [15 per cent ad valorem] the simple average reduction rate shall be [50] per
cent subject to a minimum cut of [35] per cent per tariff line.
(iii) For all agricultural tariffs lower than or equal to [15 per cent ad valorem] the
simple average reduction rate shall be [40] per cent subject to a minimum cut of [25] per
cent per tariff line.
In applying this formula, where the tariff on a processed product is higher than the
tariff for the product in its primary form, the tariff reduction for the processed product
shall be higher than that for the product in its primary form.
Where participants apply non-ad valorem tariffs, the allocation of any tariff item in
categories (ii) and (iii) above shall be based on tariff equivalents to be calculated by
the participant concerned in a transparent manner, using representative average
[1999-2001] external reference prices or data. Full details of the method and data used
for these calculations shall be included in the tables of supporting material for the
draft Schedules and shall be subject to multilateral review.
Special and Differential Treatment
In implementing their market access commitments, developed country Members should take
fully into account the particular needs and conditions of developing country Members by
providing for greater improvement of opportunities and terms of access for agricultural
products of particular interest to these Members, including the fullest liberalization of
trade in tropical products, whether in primary or in processed form, and for products of
particular importance to the diversification of production from the growing of illicit
narcotic crops, or crops whose non-edible or non-drinkable products, while being lawful,
are recognised [by WHO] as being harmful for human health.
Developing countries shall have the flexibility to declare up to agricultural products at
the [6-digit] HS level as being strategic products with respect to food security, rural
development and/or livelihood security concerns and designate these products with the
symbol SP in Section I-B of Part I of their Schedules (hereafter referred
to as SP products). For all agricultural products other than SP products, the
reduction commitments of developing countries shall be implemented applying the following
formula:
(i) For all agricultural tariffs greater than [120 per cent ad valorem] the simple average
reduction rate shall be [40] per cent subject to a minimum cut of [30] per cent per tariff
line.
(ii) For all agricultural tariffs lower than or equal to [120 per cent ad valorem] and
greater than [20 per cent ad valorem] the simple average reduction rate shall be
[33] per cent subject to a minimum cut of [23] per cent per tariff line.
(iii) For all agricultural tariffs lower than or equal to [20 per cent ad valorem] the
simple average reduction rate shall be [27] per cent subject to a minimum cut of [17] per
cent per tariff line.
Where participants apply non-ad valorem tariffs, the provisions of paragraph 8 above
apply.
The simple average reduction rate for all SP products shall be [10] per cent subject to a
minimum cut of [5] per cent per tariff line [, except for SP products for which a
developing country opts to have access to the special safeguard provisions under paragraph
24 below].
In all cases, the base for the reductions shall be the final bound tariffs as specified in
the Schedules of Members. The reduction commitments shall be implemented in equal annual
instalments over a period of [ten] years.
Preferential Schemes
In implementing their tariff reduction commitments, participants undertake to maintain, to
the extent possible, the nominal margins and other terms and conditions of tariff
preferences they accord to their developing trading partners. As an exception to the
modality under paragraph 7 above, tariff reductions affecting long-standing preferences in
respect of products which are of vital export importance for developing country
beneficiaries of such schemes may be implemented in equal annual instalments over a period
of [eight] instead of [five] years by the preference-granting participants concerned. The
products concerned shall account for at least [25] per cent of the total merchandise
exports of any beneficiary concerned on average of the most recent three years for which
data are available. Interested beneficiaries shall notify the Committee on Agriculture,
Special Session accordingly and submit the relevant statistics. In addition, any in-quota
duties for these products shall be eliminated.
Tariff Quotas
Tariff Quota Volume
Final bound tariff quota quantities or values as specified in Members Schedules
(hereafter referred to as tariff quota volume) which are equivalent to less
than [10] per cent of current domestic consumption of the product concerned
shall be expanded to that level. However, for up to one-quarter of the total number of
tariff quotas concerned a Member may opt for binding the tariff quota volume at a level
equivalent to [8] per cent of that consumption, provided that the volumes for a
corresponding number of tariff quotas concerned are expanded to [12] per cent.
In calculating domestic consumption participants shall use, where applicable, the same
definitions and method applied when establishing the Uruguay Round base levels.
Current domestic consumption means the average consumption of the period
1999-2001 or of the most recent three-years period for which data are available. Full
details of the method and data used for the calculations of domestic consumption for the
products concerned shall be included in the tables of supporting material for the draft
Schedules and shall be subject to multilateral review.
The expansion of tariff quota volumes shall be implemented in equal instalments over a
period of [five] years. The starting-point for implementing the expansion of tariff quotas
shall be the beginning of year 1 of the implementation period. Additional market access
opportunities provided by the expansion of tariff quotas shall be on an MFN basis.
Special and Differential Treatment
Developing countries shall not be required to expand tariff quota volumes for SP products.
For other agricultural products, final bound tariff quota volumes as specified in
Members Schedules which are equivalent to less than [6.6] per cent of
current domestic consumption of the product concerned shall be expanded to
that level. However, for up to one-quarter of the total number of tariff quotas concerned
a Member may opt for binding the tariff quota volume at a level equivalent to [5] per
cent of that consumption, provided that the volumes for a corresponding number of tariff
quotas concerned are expanded to [8] per cent.
The modalities in paragraphs 16 and 17 above apply, except that the commitments by
developing countries shall be implemented over a period of [ten] years.
In-quota Tariffs
There shall be no requirement to reduce in-quota tariffs, except that in-quota duty free
access shall be provided for tropical products, whether in primary or in processed form,
and for products of particular importance to the diversification of production from the
growing of illicit narcotic crops, or crops whose non-edible or non-drinkable products,
while being lawful, are recognized [by WHO] as being harmful for human health.
Special and Differential Treatment
Developing countries shall not be required to reduce in-quota tariffs.
Tariff Quota Administration
The administration of tariff quotas shall be subject to disciplines as outlined for
further consideration in Attachment 1 to this document.
Special Safeguard Provisions
Article 5 of the Agreement on Agriculture
The provisions of Article 5 of the Agreement on Agriculture shall cease to apply for
developed countries [at the end of the implementation period for the further tariff
reductions] [[two] years after the end of the implementation period for the further tariff
reductions].
Special and Differential Treatment
For SP products [subject to tariff reductions in accordance with paragraph 10 above],
developing countries shall have the flexibility to apply a special safeguard mechanism to
be based on the provisions of Article 5 of the Agreement on Agriculture. This right shall
be reserved by designating in their Schedules with the symbol SSM the products
concerned. Only products designated in this way in the Schedule, as well as items already
currently covered and designated with the symbol SSG, shall be eligible for
measures under Article 5.
Participants undertake to review the provisions of Article 5 of the Agreement on
Agriculture with a view to ensuring that these provisions are operationally effective and
enable developing countries to effectively take account of their development needs,
including food security, rural development and livelihood security concerns. This review
shall take into account the various proposals on possible safeguard mechanisms submitted
by developing countries in the negotiations under the Doha Development Agenda and shall be
completed no later than [ ].
State Trading Import Enterprises
State trading import enterprises shall be subject to disciplines as outlined for further
consideration in Attachment 2 to this document.
Other Market Access Issues
Participants will further consider the non-trade concerns and other market access issues
identified in paragraph 28 of document TN/AG/6 dated 18 December 2002 and the extent to
which these issues should be taken into account in the modalities to be established and/or
subsequent work.
Export Competition
Export Subsidies
The basis for the further commitments on export subsidies shall be the final bound
budgetary outlay and quantity commitment levels as specified in Members Schedules.
For a set of agricultural products representing at least [50] per cent of the aggregate
final bound level of budgetary outlays for all products subject to export subsidy
commitments, final bound levels of budgetary outlays and quantities as specified in
Members Schedules shall be reduced over [five years (n = 5)] using the following
formulae with the constant factor c equal to [0.3] (Attachment 3 to this document
provides an illustration of the operation of these formulae):
(1) Bj = Bj-1 - c · Bj-1 with j = 1,
.. , n
(2) Qj = Qj-1 - c · Qj-1 with j = 1,
.. , n
with
B = budgetary outlays Q = quantities c = constant factor j = implementation year and B0
and Q0 being the base levels, respectively.
At the beginning of [year 6], budgetary outlays and quantities shall be reduced to zero.
For the remaining products, final bound levels of budgetary outlays and quantities as
specified in Members Schedules should be reduced over [nine years (n = 9)] using the
formulae (1) and (2) above. However, for these products the constant factor c shall equal
[0.25]. At the beginning of [year 10], budgetary outlays and quantities for these products
shall be reduced to zero.
Special and Differential Treatment
For a set of agricultural products representing at least [50] per cent of the aggregate
final bound level of budgetary outlays for all products subject to export subsidy
commitments, final bound levels of budgetary outlays and quantities as specified in
developing country Members Schedules shall be reduced over [ten years (n = 10)]
using the formulae (1) and (2) above, with the constant factor c equal to [0.25]. At the
beginning of [year 11], budgetary outlays and quantities shall be reduced to zero.
For the remaining products, final bound levels of budgetary outlays and quantities as
specified in developing country Members Schedules should be reduced over [twelve
years (n = 12)] using the formulae (1) and (2) above. However, for these products the
constant factor c shall equal [0.2]. At the beginning of [year 13], budgetary outlays and
quantities for these products shall be reduced to zero.
The exemptions for developing countries under Article 9.4 for the transport and marketing
subsidies set out in Article 9.1(d) and (e) of the Agreement on Agriculture shall be
maintained for the time of the implementation period of the further export subsidy
commitments to be undertaken by developing countries.
Export Credits
Export credits and export credit guarantees and insurance programmes shall be subject to
disciplines as outlined for further consideration in Attachment 4 to this document.
Food Aid
International food aid shall be subject to disciplines as outlined for further
consideration in Attachment 5 to this document.
State Trading Export Enterprises
State trading export enterprises shall be subject to disciplines as outlined for further
consideration in Attachment 6 to this document.
Export Restrictions and Taxes
Except as provided for in paragraph 2(a) and 2(b) of Article XI and Articles XX and XXI of
GATT 1994, the institution of new export prohibitions, restrictions or taxes on foodstuffs
shall be prohibited.
Special and Differential Treatment
For developing countries, the disciplines of Article 12 of the Agreement on Agriculture
and the relevant provisions of GATT 1994 [and of other relevant WTO agreements] shall
continue to apply.
Domestic Support
Agreement on Agriculture (Green Box)
The provisions of Annex 2 of the Agreement on Agriculture shall be maintained, subject to
possible amendments as outlined for further consideration in Attachment 7 to this
document.
Special and Differential Treatment
Possible amendments of Annex 2 of the Agreement on Agriculture are outlined for further
consideration in Attachment 8 to this document.
Article 6.2 of the Agreement on Agriculture
The provisions of Article 6.2 of the Agreement on Agriculture shall be maintained and
enhanced as outlined for further consideration in Attachment 9 to this document.
Article 6.5 of the Agreement on Agriculture (Blue Box)
Direct payments under production-limiting programmes provided in accordance with the
provisions of Article 6.5 of the Agreement on Agriculture (Blue Box payments) [shall be
capped at the average level notified for the implementation years [1999-2001] and bound at
that level in Members Schedules. These payments shall be reduced by [50] per cent.
The reductions shall be implemented in equal annual instalments over a period of [five]
years.] [shall be included in a Members calculation of the Current Total Aggregate
Measurement of Support (AMS)].
Special and Differential Treatment
For developing countries users of such direct payments, the commitment shall be
implemented in equal annual instalments over a period of [ten] years, with the rate of
reduction being [33] per cent.
Amber Box
The final bound Total AMS shall be reduced by [60] per cent in equal annual instalments
over a period of [five] years.
Article 6.3 of the Agreement on Agriculture shall be amended so as to ensure that the AMS
for individual products shall not exceed the respective levels of such support provided on
average of the years [1999-2001].
Special and Differential Treatment
For developing countries, the final bound Total AMS shall be reduced by [40] per cent in
equal annual instalments over a period of [ten] years.
Other matters
Inflation
Scheduled Total AMS commitments may be expressed in national currency, a foreign currency
or a basket of currencies. In case a foreign currency or a basket of currencies is used
and the final bound Total AMS in a Members Schedule is expressed in national
currency (or another foreign currency) and a participant wants to avail itself of this
option, the final bound Total AMS shall be converted using the average exchange rate(s) as
reported by the IMF for the year at issue.
The provisions of Article 18.4 shall be maintained.
Article 6.4 of the Agreement on Agriculture (de minimis)
The de minimis level of 5 per cent under subparagraph (a) of Article 6.4 of the Agreement
on Agriculture shall be reduced annually by [0.5] percentage point over a period of [five]
years.
Special and Differential Treatment
The de minimis level of 10 per cent under subparagraph (b) of Article 6.4 of the Agreement
on Agriculture shall be maintained.
[Developing countries shall have the flexibility to credit any negative product-specific
support to the non-product-specific de minimis support.]
Least-developed Countries
In addition to the special and differential treatment provisions above, least-developed
countries shall not be required to undertake reduction commitments. [However, they are
encouraged to consider making commitments commensurate with their development needs on a
voluntary basis.]
Developed countries should provide duty- and quota-free access to their markets for all
imports from least-developed countries.
Others
Recently Acceded Members
[Members that have recently acceded to the WTO shall have the flexibility to begin the
implementation of the further commitments regarding tariffs, tariff quotas, export
subsidies and trade-distorting domestic support [two] years following the expiry of the
full implementation of their accession commitments under the Agreement on Agriculture. The
respective implementation periods shall be adjusted accordingly.]
Others
Participants will further consider the possible introduction of additional forms of
flexibility for certain groupings (e.g. SIDS, vulnerable developing countries, transition
economies) which have made specific proposals to this effect (TN/AG/6 refers).
Final Note
In accordance with the agreed work programme, this draft will be revised in the light of
the further negotiations at the Special Session of the Committee on Agriculture to be held
on 24-28 February 2003. The revised draft will be circulated to participants before
the Special Session to be held on 25-31 March 2003 on which occasion, in accordance with
paragraph 14 of the Doha Ministerial Declaration, the modalities for the further
commitments, including provisions for special and differential treatment, are to be
established.
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MONTHLY REPORT ON MULTILATERAL TRADE ISSUES AND DEVELOPMENTS
(January 2003)
Special Session on
Agriculture
The meeting held on 22-24 January, 2003 was attended by Shri K.M. Sahni, Additional
Secretary, Department of Agriculture, Shri K.D. Sinha, Joint Secretary, Department of
Agriculture, Shri R. Gopalan, Joint Secretary, Department of Commerce. The discussion was
on the overview paper submitted by the Chairman of the Special Session on 18.12.2002.
India made its submission on food security with in the scope of Special and Differential
treatment for developing countries. The chairman remarked at one stage in the
meeting that Members are merely repeating their known positions and not addressing issues
with a view to arriving at a consensus.
Committee on Trade in Services (CTS) Special Session
The CTS-SS of December 9 resumed its session on January 13. On the number of services
cluster in 2003, it was agreed to revert to the issue at the next formal meeting. UNCTAD
gave a brief presentation on its expert meeting on audio visual services sector.
Dispute Settlement Body (DSB)
As we filed appeal notice on the EC Bedlinen dispute, the panel
report, which was inscribed by the EC for adoption, was deleted from the DSB agenda held
on 7/1/03. DSB established a panel on US Softwood Lumber (DS264)
and we become third party to the dispute. DSB adopted the panel and Appellate Body reports
on US CVD on Certain Products from EC (DS212).
The US formally expressed its intention to implement the DSB rulings in the dispute US
CVD on German Steel (DS213). DSB on 17/01/03 adopted the panel and Appellate Body
reports on dispute Canada Dairy: 2nd Recourse to Article 21.5 (DS113). We made
brief intervention expressing concern that as this case, which took over four and half
years and not concluded yet, the litigation at the WTO was taking longer time than
originally envisaged. Further, if a sort of remand procedure is available, the second
resort to the 21.5 proceedings in this case, and thus delays in resolving disputes, could
be avoided.
At our second request, the DSB on 27/01/03 established a panel on EC GSP (DS246)
dispute. We made a brief statement presenting our request and in response to Colombia and
others appeals, we expressed our willingness to settle the dispute with the EC. We
informed that we tried to do so that until that previous week, but EC was unwilling to
accommodate our trade concerns and therefore we were compelled seek establishment of a
panel. We also informed the Members that our trade losses due to the ECs GSP scheme
were about $300 million per annum and about 100 000 lost employment. EC repeated its
regret at our request and vowed to defend its case. 12 Members, including Colombia, Cuba,
Sri Lanka, the US, joined as third parties. The US presented status reports on Copyright
Act, 1917 AD Act, Omnibus Act (Cuba rum) and Japan Hot-rolled Steel disputes. EC, Japan
and Cuba expressed disappointment at continued delay in non-compliance of the DSB rulings
by the US in these disputes. The US also formally expressed its intention to implement the
DSB rulings in the dispute US CVD on Certain Products from the EC (DS212). DSB
adopted the panel and Appellate Body reports on US CDSOA (Byrd Amendment)(DS217
& 234). We made a statement calling upon the US to repeal the Byrd Amendment. Also we
made brief statement appreciating the Appellate Bodys explanation on amendments to
the appellate procedures and expressed disapproval of the distinction being maintained
between the parties and participants and third parties
and third participant, which was not provided for in the DSU.
At a Special Session of DSB on 28-30 January, 2003, Jordan, Thailand and Chinese Taipei
formally and Australia, Canada, the EC, Mexico and others informally presented their
proposals and legal texts. We made formal statements on the US-Chile joint proposals and
on Thailands proposal on permanent body of panel-chairmen. In the informal meeting,
we raised questions and sought clarifications on various proposals of the Australia, EC,
Japan, Mexico and others on shortening of time period for consultations, establishment and
withdrawal of panel requests, etc. In the informal meeting the DSU Article-wise check list
of legal texts submitted by various Members was discussed. The discussion covered
amendment proposals up to Article 9 of the DSU. There was divergence of opinion on
shortening of 60-day consultations time and on establishment of permanent panellists or
panel-chairmen. We promised to submit our legal text on behalf developing countries by 7
February 2003. US indicated that it would be submitting legal text on transparency.
Several delegations expressed concern about fast approaching deadline and lack of progress
in the negotiations. We stated that consensus text should emerge from the discussions,
rather than from the Chair.
Panel Meeting
The Panel on US Rules of Origin for Textile and Clothing Products (DS243) held its
second meeting with parties, i.e., India and the US. We made an opening statement
countering US arguments made in its second submission. US in its statement argued at
length that India failed make a prima facie case against the US rules of origin.
While the Panel asked questions on interpretation and application of provisions of the
Agreement on Rules of Origin as well as the US rules of origin, the US sought
factual information as to how changes in their rules of origin affected Indias
textile exports to the US. Later these questions were transmitted to us in writing, which
were replied on 3 February 2003.
Council for Trade in Goods (CTG)
A formal meeting of the CTG on 23/1/03 took place basically to discuss the waiver request
for the Kimberley Process Certification scheme and information on RTAs (Regional Trade
Agreements).
Sub-Committee on Least Developed Countries (LDCs)
The Thirty Second session of the Sub-Committee on LDCs was held on 24th January 2003. The
members appreciated Decision (WT/L/508) adopted recently by the General council on the
accession process for the LDCs and urged for its faithful implementation. Zambia, on
behalf of the LDC made a formal proposal to operationalise through binding WTO rules the
trade- related part of the UN LDC-III Programme of Action.
Information Technology Agreement (ITA)
Discussions continued on the non-tariff work programme on 28/01/03. The US submission was
taken up for discussion on main non-tariff measures and their economic impact on trade in
ITA products. The proposal for EMC/EMI workshop scheduled for March 2003 was also
discussed and finalised. The report of the informal meeting of customs experts held in
Geneva in May 2002 is being finalised and would be taken up for discussion at the next
formal meeting.
Trade Policy Review Body (TPRB) : TPR of the Maldives
A meeting of the Trade Policy Review Body was held on 15 and 17 January 2003 to conduct
the first Trade Policy Review (TPR) of the Maldives. Members in general appreciated a
highly liberal and transparent trade regime in the Maldives. The issue of likely
graduation of the Maldives from the LDC figured prominently during the review. India urged
the members currently extending preferential market access to the Maldives to try to
minimise the impact of possible graduation of the Maldives trough suitable arrangements.
Working Party Meeting on the Accession of Belarus
A formal working party meeting of Belarus took place on 24/01/03 to review the state of
play in the market access negotiations in goods and services. The meeting also continued
the examination of the foreign trade regime of Belarus. The general sense of the house was
that there was a lot of work required to be done by Belarus before a draft working party
report could be contemplated. Belarus on its part has steadfastly adhered to its position
that its offers in goods and services would be similar to those of Russia given their
association in the common customs union.
Working Party Meeting on the Accession of Russian Federation
In the formal working party meeting, members urged Russia to improve upon its offers on
goods and remove the bottlenecks in the goods and services sector. There was near
unanimous concern at Russias recourse to safeguards for certain agricultural and
bovine products. Members also urged Russia to give the most recent data on agricultural
domestic support.
(Source: PMI/Geneva)
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PARLIAMENT
BRIEFS
| In accordance
with the mandate provided in the Doha Ministerial Declaration, negotiations on various
issues included in the Doha Work Programme are taking place in the relevant WTO
negotiating/regular bodies. In respect of most of the issues covered by the Doha Work
Programme the progress has been uneven. In particular, the deadlines given by the
Ministers on three issues of importance to the developing countries, namely, TRIPS and
Public Health; Special and Differential Treatment; and the Implementation-related issues
and concerns could not be adhered to. India and other developing countries have
strongly voiced their concerns in the WTO on the slow progress of the negotiations in
these areas. |
 |
In paragraph 6 of the Doha Ministerial
Declaration relating to the TRIPS Agreement and Public Health, the Ministers had directed
the TRIPS Council to find an expeditious solution by December, 2002 to the problem of
countries with insufficient or no manufacturing capacities in the pharmaceutical sector in
making effective use of flexibility of compulsory license. Paragraph I of the Declaration
recognised the gravity of the public health problems afflicting many developing and
least-developed countries, especially those resulting from HiV/AIDS, tuberculosis, malaria
and other epidemics. Based on the various proposals submitted by the developing countries
including India, the Africa Group, and developed countries such as the United States and
the European Communities, negotiations have been taking place in the TRIPS Council. The
Chairman of the TRIPS Council gave a proposal for a Draft Waiver Decision under paragraph
6 of the Doha Declaration under reference. The TRIPS Council could not arrive at a
consensus on this issue as the United States did not agree to the Chairmans
proposal. In view of this, these negotiations did not lead to any positive results by the
deadline of 31 December 2002. However, the Chairman of the TRIPS Council is continuing
with his consultations with a view to finding a solution.
In accordance with the mandate for
negotiations on agriculture and the deadlines established therein, following detailed
discussions on all aspects of the negotiations, the Chairman of the Committee on
Agriculture, Special Session, presented an overview on the negotiations in mid-December
2002, followed by the first draft modalities for negotiations in mid-February 2003. While
there is convergence in some areas of negotiations on agriculture, gaps in positions
between Members remain on many key areas of the negotiation in accordance with the Doha
mandate, the modalities for negotiations are required to be established by 31 March 2003,
and negotiations concluded by 1 January 2005.
Improvements in market access for
our agricultural exports will depend upon the agreement reached by Members in the on going
negotiations to reduce distortions in world agricultural markets resulting from high
levels of support and protection provided by Indias major trading partners, and
the extent to which the opportunities for trade in agricultural products that are created
will be actualised by our trading entities. This would also depend on the results achieved
in other areas of Doha Work Programme since the final results of negotiations in all areas
would be part of the single undertaking of the Members.
IMPOSITION OF NON-TARIFF BARRIERS BY
EUROPEAN COMMISSIONS
On 23 December 2002 the European
Communities requested consultations with India under the Dispute Settlement Mechanism of
the World Trade Organisation regarding import restrictions maintained by India on more
than 100 products under its Export and Import Policy 2002-2007. These import restrictions
are maintained by India under Articles XX and XXI of GATT 1994. Subsequently India and the
European Communities have held consultations in this case on 17th February 2003 under the
Dispute Settlement Mechanism of the WTO.
Compliance Panel Report on Cottom
Bed Linen
India had resorted to World Trade
Organisations (WTO) Dispute Settlement Mechanism and challenged the anti dumping
duty imposed by European Communities (EC) on imports of bed linen from India. On 12 March
2001 the Dispute Settlement Body (DSB) adopted the Appellate Body Report and the Panel
Report as modified by the Appellate Body, in this dispute. These Reports concluded that
the ECs imposition of definitive anti-dumping duties on imports of cotton-type bed
linen from India had been inconsistent with the Anti-dumping Agreement. Pursuant to the
recommendations of these Reports, the DSB requested the European Communities to bring its
measure into conformity with its obligations under the Anti-dumping Agreement.
Subsequently, EC undertook a review of the anti-dumping measure and re-determined the
level of antidumping duty. However, the application of the duty was suspended. India
strongly disagreed with the re-determination and at its request a Compliance Panel had
been constituted to examine the consistency of measures taken by EC in compliance with the
decision of the DSB in the original bed linen dispute with EC. The Compliance Panel has
concluded that EC has implemented the recommendations of the DSB in the original bed linen
dispute.
India has appealed to the WTOs
Appellate Body certain issues of law and legal interpretations covered in the Compliance
Panel Report in this dispute. A Notice of Appeal was filed by India before the Dispute
Settlement Body of the WTO on 8th January, 2003, after which the appellate proceedings
have commenced.
Review of Anti-Dumping Duties on
Sensetive Products Imported From Nepal
Directorate General of Anti-Dumping and
Allied Duties has so far initiated two anti-dumping cases involving Nepal. The case on
Zinc Oxide was initiated on 19.3.2001 and the anti-dumping duty is in place since
12.9.2001. In the case of Acrylic Yarn, investigations were initiated on 3.7.2001 and the
anti-dumping duty is in place since 10.10.2001. However, the Central Government later
issued orders exempting the permitted fixed quantity of Zinc Oxide (2500 MT per annum) and
Acrylic Yarn (10000 MT per annum) modifying the earlier orders in view of review and
modifications in the Indo-Nepal Treaty of Trade.
Anti-Dumping Duties on Import of
cold rolled stainless steel
On the basis of a petition filed by
M/s. Jindal Strips Ltd., anti-dumping investigation were initiated on imports of Cold
Rolled Flat Products of Stainless Steel originating in or exported from EU, Japan, Canada
and USA on 21.8.2001. On the basis of sufficient evidence of dumping, injury and a causal
link between the two, provisional duties were recommended on imports from these countries
in the preliminary findings issued by the Directorate General of Anti-Dumping & Allied
Duties (DGAD) on 29.11.2001, which were imposed by the Government vide notification: dated
28.12.2001. Final findings were notified by DGAD on 21.10.2002. Definitive ami-dumping
duty was imposed by the Government vide notification dated 5.12.2002
Patenting of Indian Items
Intellectual property rights, including
patents, are granted under the sovereign prerogative of countries according to their
respective Patent Laws and have territorial effect only, that is, they are effective only
in the country of grant. Be that as it may, Vedas, Ayurveda, Gayatri Mantra, etc. are
prima-facie not patentable under patent taws. Patents are only granted to a process or a
product which meets the criteria of patentability namely novelty, inventiveness and
industrial applicability. The reported patenting of the ancient heritage of India like the
Vedas, Ayurveda, Gayatri Mantra, etc. is factually not correct and needs to be
distinguished from the usage of such words for trade promotion for which trade marks
registration is sought/obtained under appropriate laws by commercial and other
organisations. As and when information is received about patents being obtained on certain
items which are not considered patentable and which affect Indian interests, steps are
taken to assess whether the grant of such patent can be challenged under the patent laws
of the country concerned. Earlier a patent granted in the United States of America on the
use of turmeric in wound healing was successfully challenged and was also cancelled by the
Patent Office of the country concerned. Similarly, a patent on the fungicidal property of
neem, granted in Europe, was successfully challenged. The claims of the patent on Basanti
Rice lines and grains granted in the United States of America which had the potential of
affecting Indias commercial interest were also challenged. The said claims were
subsequenly cancelled by the United States Patent and Trademark Office and the title of
the patent was also amended. A patent is normally challenged by the person(s) whose
interests are affected/jeopardised.
In order to protect traditional
knowledge from being patented, provisions have been incorporated in the Indian patent law
through the Patents (Amendment) Act, 2002 to include anticipation of invention by
available local knowledge, including oral knowledge, as one of the grounds for opposition
as also for revocation of patent. An invention which, in effect, is traditional
knowledge or which is an aggregation for duplication of known properties of traditionally
known component or components has also been made non-patentable.
In order to protect bio-resources,
provisions have been incorporated in the said law for mandatory disclosure of source and
geographical orgin of the biological material used in the invention while applying for
patents in India. Provisions have also been incorporated to include non-disclosure or
wrongful disclosure of the same as grounds for opposition and for revocation of the
patent, if granted.
Apart from these, Government is also
developing a digital database of traditional knowledge in the field of medicinal
plants in order to prevent patents being granted incorrectly on such knowledge.
Salient features of Indias
amended Patents act
The Patents Act, 1970 has already been
amended by the Patents (Amendment) Act, 2002 in order fulfill Indias current
obligations under the Agreement on Trade Related Aspect of Intellectual Property Rights
(TRIPs).
The salient features of the amended Act
are:
- Definition of the term
invention in accordance with international practices and the TRIPs Agreements;
- Exclusion of inventions from
patentability as permitted by TRIPs Agreement and inclusion of subject matters like
discovery of any living or non-living substances occurring in nature in the list of
inventions not patentable;
- Provisions for protection of
bio-diversity and traditional knowledge;
- Alignment of the rights of patentees
in accordance with the TRIPs Agreement; l Provisions for parallel import to ensure
availability of products at competitive prices;
- Provision for reversal of burden of
proof in accordance with the TRIPs Agreement;
- Provision of uniform term of patent
protection of twenty years for all categories of inventions;
- comprehensive provisions for
protection of public interest and public health &
- Simplified and rationalised patent
granting procedures.
Menace of Counterfeiting
In a Conference on Combating
Counterfeiting, organised at New Delhi from 21-22 January, 2003 by the Confederation
of Indian Industry (CII) in collaboration with the International Anti Counterfeiting
Coalition (IACC), USA, various sectors of industry expressed concern over the menace of
counterfeiting and its impact on the economy.
The Conference highlighted issues
involved in tackling counterfeiting both at policy and enforcement levels and stressed the
need to take up sector-specific issues, strengthen enforcement, upgrade technologies for
preventing conterfeiting, chalk out strategies for industry for a synergistic approach to
deal with counterfeiting and take voluntary action both at industry and Government levels.
After deliberations, the Conference made the following recommendations :
- For a synergistic approach to fight the
menace and devise a mechanism for sharing of responsibilities by industry and Government;
- for organising training modules to
create awareness at all levels for target groups, namely consumers, industry, police,
customs, judiciary and all other stakeholders;
- to seek and promote international
cooperation with anti-counterfeiting bodies like the International Anti.Counterfeiting
Coalition, Business Software Alliance, World Customs Organisation, Global
Anti-Counterfeiting Group, International Trademark Association, Counterfeiting
Intelligence Bureau, the Anti-Counterfeiting Group etc.;
- for efficient and effective enforcement
through establishment of Intellectual Property (IP) courts, better trained IP police force
and cohesive public awareness; l for smooth coordination between industry and enforcement
agencies and
- for formation of multi functional teams
in industry with representatives from ail interested groups including legal, corporate
security, public affairs/consumer relations, sales and marketing, governments and
packaging developers
With a view to checking the menace of
counterfeiting, the Government has taken effective steps for modernising and amending
various legislations related to IPRs. In that direction, the Copyrights Act has been
amended and new Trade Marks and Design laws have been enacted to provide effective
protection to the industry and the consumers. Penal provisions under the
to-be-operationalised Trade Marks Act, 1999 have been enhanced to provide for effective
deterrence. Certain offences have been made cognizable and the period of imprisonment
further enhanced. In order to generate awareness among the public, users, enforcement
agencies and the technical institutes, various programmes have been organised in different
states about the effects of counterfeiting and its impact on the national economy.
Group of Minister for Non-Agri
Products
An appropriate decision making
structure has been established for finalisation of Indias proposal on
non-agricultural products for the negotiations in the WTO. The decision making structure
includes the concerned ministries of the Governments.
Free-trade agreements with WTO
members
A Free Trade Agreement (FTA) was signed
between India and Sri Lanka on 28th December, 1998 in New Delhi. The FTA has been made
operative by the issuance of Customs Notification on 1st March, 2000. The Agreement
envisages phasing out of tariffs on all products, over a period of time, except for a
limited number of items in the Negative List. While India would complete the process of
tariff elimination over a period of 3 years, Sri Lanka would achieve this over 8 years.
The list of commodities that have been accorded duty concession by India is available in
the Custom Notification No. 26/2000-Customs dated 1st March, 2000 read with Notification
No. 59/2000-Customs dated 12th May, 2000; No. 60/2000 Custom dated 12th March 2000; No.
20/2001-Custom dated 1st March 2001; No. 135/2001-Customs dated 31st December, 2001; No.
24/2002-Customs dated 1st March 2002 and No. 126/2002-Customs dated 12th November, 2002.
There is also a bilateral Trade Agreement between India and South Africa signed on 22nd
August, 1994. However, this does not provide for exchange of duty concessions on
commodities trade between the two countries. We are in the process of negotiating a
Preferential Trading Arrangement with South Africa.
United Nations Trade and Development
Report
The Trade and Development Report 2002
of the United Nations Conference on Trade and Development has stated that growth in world
economy slowed sharply in 2001; performance was weak in all three leading economic regions
in the developed world; several emerging market economies in East Asia and Latin America
entered into recession; only China and India, two large and relatively closed economies
were by and large immune from the downward pressure of world markets. The slow down of
global growth during 2001 was accompanied by an even more marked deceleration of growth
in international trade; in Asia, the fall in demand by United States led to stagnation
in export growth, a rapid deterioration in current account positions and a declining
growth rate in 2001 in all countries except India and China.
This report is examined by the
concerned departments in the Government. In fact, during April-December 2002 the export
growth of Indian merchandise goods has picked up substantially at 20.36% as compared to
the corresponding period of the previous year. This is higher than the export target of
12% fixed for the current financial year. However, export promotion being a constant
endeavour of the Government various initiatives have been launched to enhance the export
growth which include introduction of new schemes like Assistance to States for
Infrastructure Development for Exports (ASIDE), establishing Agri Export Zones, Market
Access Initiative, strengthening and adding new features to the Special Economic Zones,
Focus Africa Programme, etc.
(Source: Replies given in Parliament
during February, 2003)
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| DR.SUPACHAI WELCOMES
START OF WTO WORK ON BHUTAN'S ASSOCIATION |
| Director-General Supachai
Panitchpakdi, on 18 February 2003, welcomed the start of serious work on the accession of
Bhutan with the delivery of the countrys Memorandum on the Foreign Trade Regime to
the WTO. He said that this development signalled Bhutans keen interest in commencing
its accession process. He noted that activation of Bhutans accession was strongly
supported by all WTO Members and said he expected that the first meeting of the Working
Party would be held prior to the Cancún Ministerial Conference. Dr. Supachai said that
the General Councils decision last December to facilitate the entry of least
developed countries into the WTO has given new impetus to advancing or concluding LDC
negotiations before the Cancún Ministerial. The WTO Working Party on Accession for the
Kingdom of Bhutan was established on 6 October 1999. Since then work has been underway in
the capital, Thimpu, on preparing the documentation required to activate the negotiating
process in Geneva. On 17 February 2003 the representative of the Kingdom of Bhutan to the
WTO delivered the Memorandum on the Foreign Trade Regime. The document describes all
aspects of Bhutans economy and legal system and its compliance with WTO norms and
requirements. |

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