World Trade Organization Organisation Mondiale du Commerce Organización Mundial del Comercio

Reply: There have been seizures of trade mark infringing goods by the Indian Customs as per the IPR border measure prevalent in India, without court order.

US 88:

Report by the Secretariat (WT/TPR/S/249): III. TRADE POLICIES AND PRACTICES BY MEASURE: (3) Measures Directly Affecting Exports: (4) Measures Affecting Production and Trade: (vi) Intellectual property rights: Page 119, paragraph 278:

The Secretariat's Report states: "[T]he Copyright (Amendment) bill 2010 proposing amendments to the Copyright Act 1957 is being discussed in Parliament." On August 12, 2011, press reports indicated that the Cabinet had approved changes to the proposed bill. What are the key issues in the cabinet approved version of the bill, and the expected timeline for legislative consideration and passage? On a related legislative note, what is the status of India's draft optical disc law and India's efforts to combat optical disc piracy?

Reply: The Copyright (Amendment) Bill, 2010 pending in Rajya Sabha (the Upper House of Parliament) since it was introduced on 19 April, 2010. The Bill is available at www.copyright.gov.in. The details of amendments to the Bill will only be made available after both the Houses of Parliament consider the same.

US 89:

Report by the Secretariat (WT/TPR/S/249): III. TRADE POLICIES AND PRACTICES BY MEASURE: (3) Measures Directly Affecting Exports: (4) Measures Affecting Production and Trade: (vi) Intellectual property rights: Page 119, paragraph 280:

The Secretariat's Report states: "Through the International Copyright Order, copyright is protected in India for nationals of countries that are members of the Berne Convention, the Universal Copyright Convention, and the TRIPS Agreement." Recently two Indian courts issued decisions effectively holding that songwriters and music publishers lose their exclusive public performance rights after their songs have been licensed for recording. As a result of these rulings, radio stations will only be required to pay license fees to the sound recording companies, but not to the collecting society which distributes royalties to the songwriters and publishers. See Music Broadcast Private Ltd. v. Indian Performing Right Society (decided July 25, 2011 in Bombay; Suit No. 2401 of 2006) and Indian Performing Rights Society v Aditya Pandey (decided July 28, 2011in Mumbai; CS(OS) 1185/2006 and I.A. Nos. 6486/2006, 6487/2006 and 7027/2006). Please explain these decisions in light of India's obligations under the Berne Convention (incorporated into the TRIPS Agreement by virtue of TRIPS Article 9(1)).

Reply: Issues raised in these cases are sought to be addressed in the Copyright (Amendment) Bill, 2010 and the amendments to the Bill presently under Parliament scrutiny. The Copyright Act, 1957 is in compliance with India's obligations under the Berne Convention (incorporated into the TRIPS Agreement by virtue of TRIPS Article 9(1)).

US 90:

Report by the Secretariat (WT/TPR/S/249): III. TRADE POLICIES AND PRACTICES BY MEASURE: (3) Measures Directly Affecting Exports: (4) Measures Affecting Production and Trade: (vi) Intellectual property rights: Page 120, paragraph 283:

The Secretariat states: "Twenty four states and UTs have set up Copyright Enforcement cells within the crimes section of the police, to enforce the copyright legislation. The authorities have indicated that, in 2008 the police registered 6,036 cases regarding copyright violations; 2,151 persons were convicted." We would appreciate information regarding the type of penalties imposed on the convicted persons, whether any of the convicted persons were sentenced to serve time in prison, and if so, for what period of time?