World Trade Organization Organisation Mondiale du Commerce Organización Mundial del Comercio

China 33:

REPORT BY THE SECRETARIAT: SECTION III: TRADE POLICIES AND PRACTICES BY MEASURE: (3) MEASURES DIRECTLY AFFECTING EXPORTS: Paragraph 135

Question 33: In recent years, the Indian Government constantly adjusts its policy on iron ore export. Could India please share its short and medium term policy orientation on iron ore export?

Reply: Export policy for iron ore has not undergone changes as reported. Export of iron ore with iron content below 64% is free subject to an ad valorem duty of 20% both for lumps and fines, which was rationalized from earlier 15% and 5% respectively.

China 34:

REPORT BY THE SECRETARIAT: SECTION III: TRADE POLICIES AND PRACTICES BY MEASURE: (3) MEASURES DIRECTLY AFFECTING EXPORTS: Paragraph 135

Question 34: Export oriented enterprises all over the world have been heavily affected by the international financial crisis and the European sovereign debt crisis. A large number of small and medium sized enterprises went bankrupt. Under such circumstances, what kind of financial measures has the Indian Government taken to guide the transformation and industry upgrade of export oriented enterprises?

Reply: India was not as gravely affected by the international financial crisis as many other Members. Targeted credit at concessional rate for a few vulnerable sectors was offered for limited period to export enterprises (which have since been withdrawn).

China 35:

REPORT BY THE SECRETARIAT: SECTION III: TRADE POLICIES AND PRACTICES BY MEASURE: (4) MEASURES AFFECTING PRODUCTION AND TRADE: (vi) Intellectual property rights

Question 15: Please describe how India has enforced trademark protection in recent years. How does India protect well known trademarks?

Reply: The Trade Marks Act, 1999 provides a very strong law for effective enforcement. The trade marks enforcement remedies available in India includes civil (infringement and passing off remedies), criminal remedies, administrative action and other measures which can all be pursued simultaneously. The Act specifically provides for disposal of infringing material including all tools, plates, dyes used for manufacturing the pirated goods. Indian courts have also granted injunction in trademark infringement cases. Section 134 provides that suits for infringement of a registered trade mark could be instituted before a district court having jurisdiction. Sub section (2) of section 134 enacts that infringement suit can be filed at the option of the plaintiff at the place where he resides or carries on business. This is a departure from the normal practice under the Civil Procedure Code where civil suit can be filed only where the defendant actually resides or carries on business or personally works for gain. Courts in India routinely order damages and order preservation of assets pending trial in many cases.

Criminal remedies are also available for trade mark infringement. A complaint has to be filed before the magistrate for this purpose for falsification of trade mark which is a criminal offence under chapter XII of the Trade Marks Act, 1999. In fact offences under section 103, 104 and 105 have been classified as cognizable offence under the Trade Mark Act meaning a police officer can arrest an accused without a warrant.