record of successful enforcement and the extent to which the mark has been recognized as a well known mark by any court or Registrar.
The onus is on the proprietor of the mark to establish by evidence that the mark is well known.
China 36:
REPORT BY THE SECRETARIAT:SECTION IV: TRADE POLICIES BY SELECTED SECTORS: AGRICULTURE
Question 36: Is there any adjustment to the current agricultural policy objectives in the twelfth five year plan of India? If yes, please elaborate.
Reply: The Twelfth Five Year Plan of India, to be applicable for the period 2012 2017 is still to be prepared and adopted.
China 37:
REPORT BY THE SECRETARIAT:SECTION IV: TRADE POLICIES BY SELECTED SECTORS: OTHER SECTORS
Question 37: Please describe the policies, measures and specific practices adopted by India to promote software and information technology service companies, especially small and medium sized companies among them.
Reply: The Government of India is implementing the Software Technology Parks (STP) scheme for promoting software and information technology service companies which has been widely successful and the exports made by STP registered units have grown manifold over the years. The STP scheme is meant for all IT/ITES companies and is applicable to all SMEs.
China 38:
REPORT BY THE SECRETARIAT:SECTION IV: TRADE POLICIES BY SELECTED SECTORS: OTHER SECTORS
Question 38: Please describe the development of India's software and information services outsourcing industry, including the scale, international market share, brand enterprises, and the level of technology. Please also describe the latest policy development of India in this field.
Reply: Information technology/information technology enabled services sector (IT/ITES) has played a vital role in acquiring a brand equity for the nation and has contributed immensely to the increase in our GDP, employment and exports. The IT/ITES exports have grown from a mere $330 million in 1993 94 to $12.8 billion in 2003 04 and to a staggering $59 billion in 2010 11. This sector accounts for over 5% of India's GDP, and employs 2.54 million professionals directly and another 8.3 million people indirectly. Today, India is regarded as the premier destination for the global sourcing of IT/ITES. A majority of the Fortune 500 and Global 2000 corporations are sourcing IT/ITES from India. Further most of the Capability Maturity Model (SEI CMM) Level 5 firms are based in India.
The Indian IT sector has witnessed a mushrooming of RandD labs (initially captive units of MNC companies) in the past five years employing the best of our local talents, which has resulted in seeding intellectual capital for use domestically and by SME Indian companies. The industry segment that works in the area of embedded systems has also moved up the value chain by seamless integration in providing turnkey solutions comprising RandD, product development (hardware and software), system integration, system testing, warranty/maintenance. Similarly in the semiconductor space, IT companies have moved up the value chain from merely offering design services to acquiring status of fab less semiconductor companies where the companies are involved in creation of IP, design, assembly and testing and shipping a full product/solution to customers.