World Trade Organization Organisation Mondiale du Commerce Organización Mundial del Comercio

Reply: On request, the requisite information can be provided.

83. Are procurement procedures same for all entities, although there are different rules, or are there substantial differences in the types of procedures and processes? (Page 126, paragraph 228)

Reply: Rule 137, 160 and 161 of the General Financial Rules contain the basic principles of public buying. Chapter 6 of the General Financial Rules, 2005 contains general rules applicable to all ministries or departments regarding procurement of goods, engagement of consultants and outsourcing of services. Detailed instructions relating to the procurement of goods can be issued by the procuring ministries/departments in conformity with the general rules contained in this chapter. Establishment of legislative framework for public procurement is under consideration of the Government of India.

84. What is the web address at which one can get information on procurement by India in electronic form? What percentage of purchases run under this system? Is the whole procedure done in electronic form? (Page 130, paragraph 241)

Reply: Presently there is no national e procurement portal in India. The method of e tendering for public procurement has started in different departments/organisations in recent times and these details can be viewed from respective websites of the organisations.

85. Could India give detailed information on the discussion paper on Compulsory Licenses issued by the Department of Industrial Policy and Promotion? (Page 134, paragraph 256)

Reply: DIPP prepared a Discussion Paper on the subject of compulsory licensing and hosted the same on its website to invite the views and suggestion on certain issues for resolution. The objective of this exercise was not to invite any change/amendment to the provisions of the Patent Act 1970 but only to elicit the suggestions to take an appropriate policy decision whether the existing provisions of the Patents Act, 1970 require any amplification through issuing of guidelines by the Government. As such, the question of any change to the existing provisions of the Patents Act 1970 does not arise. Moreover, after obtaining and examining the suggestions on the said Discussion Paper, the Government has decided that there is no need to issue additional guidelines for the issue of compulsory license and issued a press release to this effect to conclude the matter. Further, the existing provisions of the Patent Act 1970 are already TRIPS compliant including Article 31 thereof. The Discussion Paper is available on DIPP's website: www.dipp.nic.in.

86. In what cases would the central government grant additional protection to certain products and to what types of products? (What kind of additional protection may give the central government (page 141, paragraph 286)

Reply: Under section 22(2) of the GI Act, Central Government may if it thinks necessary notify certain goods or classes of goods under Section 22 sub section (3) of the Act for additional protection. Under Section 22(3), any person who is not an authorized user of a geographical indication registered under this Act in respect of the goods or any class or classes of goods notified under sub section (2), uses any other geographical indication to such goods or class or classes of goods not originating in the place indicated by such other geographical indication or uses such other geographical indication to such goods or class or classes of goods even indicating the true origin of such goods or uses such other geographical indication to such goods or class or classes of goods in translation of the true place of origin or accompanied by expression such as "kind", "style", imitation" or the like expression, shall infringe such registered geographical indication.