7 August, 2014
India’s food security programme has been in focus in WTO since the Bali Session and thereafter till 31-7-2014. Much of the recent debate revolved around why India should not link the Trade Facilitation Agreement (TFA) with the Ministerial Declaration on public stockholding for food security purpose.
Earlier India and other developing nations had put forth a proposal to amend ...
20 June, 2014
Even while being largely factual, transfer pricing cases make an interesting read and bring out new arguments. In Ness Innovative Business Services P. Ltd v. DCIT, decided on 18-6-2014, ITAT, Hyderabad examined a few such arguments in ruling out comparables included by the Transfer Pricing Officer (TPO). The assessee was engaged in business of software development services, did...
9th December, 2013
Bali witnessed a meeting of minds and WTO members managed to agree on certain items of the vast agenda which was on the table. The relaxation in respect of public stock-holding of food grains for food security by members, trade facilitation and Preferential Rules of Origin for LDCs are some of the highlights.
Agreement on public stock holding for food security
By Piyush Sharma & Pulkit Doger
In accordance with the Indian Patents Act, 1970 (‘the Act’), Section 3 lists what are not considered to be inventions and therefore, non-patentable. Section 3(k) reads as follows:
"3. The following are not inventions within the meaning of this Act,
(k) a mathematical or business method or a computer programme per se or algorit...
By Amar Gahlot
It is basic economics - when it comes to consumption, government has the largest appetite. Government purchases include goods and services obtained from domestic and international suppliers and deployed in myriad projects ranging from defence and railways to infrastructure a...
By T.D. Satish
Even though the mechanism set up by India in applying the provisions of Article XIX of GATT and Agreement on Safeguards (AOS) in India through its domestic safeguard provisions [see end note 1] satisfy the basic requirements required for its implementation, however, when compared to other countries, there remain a lot of procedural loop-holes still to be filled in to make the s...
By Tarun Bhati
WTO Members who initiate and conduct safeguard investigations are required to abide by the requirements of both, the WTO Safeguards Agreement as well as GATT, Article XIX. Article XIX: 1(a) of GATT states, in relevant part, as follows:
“If, as a result of unforeseen developments and of the effect of the obligations incurred by a contracting party under this Agr...
By Ankur Sharma
This article presents a short analysis of the recently issued final findings in the safeguard review investigation on imports of PX-13 also known as 6 PPD into India, issued by the Directorate General of Safeguards (“DG”) on 24 April 2014. This case is significant and unique in the sense that despite the existence of serious injury to the domestic industry, the ...
By Atul Gupta & other team members, International Trade Practice
The framework for duration and review of safeguard measures is provided under Article 7 of the Agreement on Safeguards (AoSG). In this regard Article 7.2 and Article 7.5 of the AOSG are relevant. While Article 7.2 provides for extension of the measure, Article 7.5 provides for levying duty "once again" i.e. a fresh levy after th...
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