Trade-Related Aspects of Intellectual Property Right

• Need to set up/strengthen a fully equipped patent systems which will deal with the registration of IPRs such as patents, copy rights, trademarks, geographical indications, industrial designs, layout-designs, protection of undisclosed information and control of anti-competitive practices in contractual licences.

• Persuade Indian industries for investing a portion of their profits into R&D so that domestic consumers can benefit from lower prices and greater choice. On adoption of a plant variety protection system with due consideration to farmers’ rights, community rights and plant breeders’ rights, and food security situation in the country.

• Touch upon the need for provisions to regulate the anti-competitive effects of intellectual property protection in the newly proposed competition legislation as well as to commission a rolling study about the costs and benefits to the economy and consumers due to enhanced intellectual property rights provisions in specific product sectors like agro-based goods and medicines.

Trade in Services

• Identification of sectors where the movement of natural persons would result in economic efficiency and long-term economic development.

• Need to remove labour market distortions, as far as possible.

• Exploit the potential of the Indian service sector comprehensive reforms are required in insurance sector, banking etc. And adopt independent regulatory mechanisms that would regulate unfair practices in trade etc., vis-a-vis the services sectors so as to protect vulnerable consumers in the initial years of privatised services.

Trade and Environment

• On India’s position and strategies of negotiations on MEAs. Efforts to persuade industry and the government to invest in R&D to develop environmentally sound technologies and practices indigenously. They must be given fiscal and monetary incentives to start producing eco-friendly products.

• Rolling study (at least for five years) on non-tariff (environmental) barriers to Indian exports so as to evolve a comprehensive long-term strategy in this regard.

• On the failure of Indian ’ecolabelling’ scheme and its need of overhauling of the system so that consumer and producer awareness on sustainable consumption and production practices is generated in the country.

• Like the success of the ISI mark, the government should procure only ecomarked products.

• The status of the Consultation Group on Trade and Environment under the aegis of the commerce ministry should be raised to that of a standing committee, which will discuss and prepare concrete recommendations. The Committee should involve the ministry of environment & forests also.

• The impact of trade liberalisation on domestic environment needs to be studied on a continuing basis.

Trade and Competition Policy

• Draft and adopt a national competition policy, which will address all possible hindrances to efficient functioning of market with regard to public interest considerations.

• Design and adopt a new competition legislation in consultation with consumer and business organisations. Ensure division of responsibilities like investigation, prosecution and adjudication and transparency in the functioning of the competition authority, and to its independence.

• Form independent regulatory authorities, particularly in services sectors, by taking into account the consumer and public interests.

• Set up a price monitoring mechanism to stimulate price competition and enhancing of the price awareness of consumers.

Trade and Investment Policy

• Need to analyse stands taken by developed and developing countries on the issue of investment liberalisation and, particularly, of sectors sensitive to India’s investment need.

• Create an enabling and coherent co-ordination mechanism between different ministries and departments so that the investments cleared by the Foreign Investment Promotion Bureau (FIPB) actually come into India. Conduct a public debate to address questions raised by people about the negative effects of FDI, which would also address the ‘potato chips’ vs ‘silicon chips’ argument.

• Uphold the sovereignty of the nation in choosing its own standards and regulations for the protection of the interests of people and the environment vis-a-vis foreign direct investment.

Trade in Agriculture

• Diversify Indian agriculture according to the needs of the consumers and future export potential.

• Adopt innovative methods to induce public as well as private investment in agriculture, including investments in R&D on biotechnology.

• Do a rolling study on non-tariff barriers facing Indian agricultural exports.

• Remove domestic regulations on movement of agricultural commodities, but with due regard to local level food security situation.

Anti-dumping

• Emergence of India as a major player in the anti-dumping game both as initiating party and affected party.

• Use of anti-dumping measures by India, whether as a trade remedy or as retaliatory measures.

• India’s stand towards bringing changes in WTO anti-dumping agreements to bring more discipline.

(The writer is Secretary General, Centre for International Trade, Economics and Environment, CUTS)