World Trade Organization Organisation Mondiale du Commerce Organización Mundial del Comercio

III. TRADE POLICIES BY SELECTED SECTORS

Services

Brazil 25:

According to document WT/TPR/S/249, p. 161, §130, "[…] All service providers, except providers of value added services (e.g. internet, voice mail, and e mail services), are subject to a universal service levy of 5% of the adjusted gross revenue. Funds from the USOF are allocated to "eligible operators" from the public and the private sectors, through a bidding process, for telecom and broadband infrastructure development projects in rural areas […]"

  Could India provide further detail on the bidding process and on the criteria of selection of the Universal Service Provider?

Reply: The "eligible operators" means the basic service operators, cellular mobile service providers and unified access services licencees, infrastructure providers and internet service providers or any other entities as may be specified in this behalf by the Central Government from time to time. All the details about USOF activities are given on www.uso.gov.in.

Brazil 26:

According to document WT/TPR/S/249, pages 162 163, § 136. "[…] The Draft Policy [for the Maritime Sector] was thereafter reshaped into the India Maritime Agenda 2010 20 issued by the Ministry of Shipping in 2011. […]"

  Could India provide further details on the 'necessary policy interventions' to increase Indian tonnage in maritime transport, mentioned in Chapter 20 (item VI – Shipping Policy) of the Maritime Agenda? Will these policies include restrictions to foreign flag vessels?

Reply: Details of the policy initiatives in the proposed Shipping Policy for the 12^th Five Year Plan for augmenting Indian tonnage are available at the website http://shipping.nic.in .

  Could India provide further details on the proposed shipbuilding subsidy scheme? How will the government assess the necessary subsidy values to establish a level playing field for the Indian shipbuilding industry?

Reply: The new shipbuilding subsidy scheme is under consideration of the Government of India. Inter ministerial consultations are being held and details of the proposed schemes are yet to be finalised.

Brazil 27:

According to document WT/TPR/S/249, p. 163, § 137. "[…] The [Shipping Trade Practices] Bill, if enacted, would regulate the provision of maritime transport services. Providers would be required to register with the Directorate General of Shipping (DGS) and notify their tariffs."

  Could India provide further details on the new obligations to foreign flag vessels concerning the maritime transport of Indian export and import cargo?

Reply: For the purpose of this Act, the shipping service providers are required to register as per Section 5 of the Act, the other sections of the Act are applicable in toto thereafter. This implies that there is no discrimination between a foreign service provider and Indian service provider as far as obligation under the Act is concerned. The entry for foreign ship companies or foreign maritime agencies is regulated as per the national laws. FDI in this sector is 100%. The foreign shipping service providers in India are obligated to register as per section 5 of the proposed Shipping Trade Practices Bill.

Brazil 28:

With regard to paragraph 254, page 114, of document WT/TPR/S/249, India states that the average period for the concession of a patent is between 10 to 60 months. Is this period counted from the filing date or from the publication date? Does the Indian Patent Office implements a first action with regard to patent filings? How is it done?