UR AGREEMENT AND INDIA
The Uruguay Round Agreement has come in for scathing criticisms in
India. Many politicians and others have argued that India should withdraw from
the GATT. Most of the criticisms are either baseless or due to lack of knowledge
of the international trading environment, and misinformation, or are just meant
to oppose the government by the opposition parties.
It is true that the Round mostly benefits the developed countries. That
does not mean that developing countries like India are losing only that their gain
is limited as compared to that of the developed countries.
Accepting the demand of some of the critics that India should withdraw
from the WTO will be a great blunder that the nation can commit. By being a
part of WTO India enjoys the most favoured nation (MFN) status with all the
other members of the WTO. Opting out of the system would mean an infinitely
laborious task of entering into bilateral negotiations with each and every one of
the trading partners which would amount to ‗having one‘s arms twisted
bilaterally by the US, the EC and Japan, turn by turn, on everything from
intellectual property rights to NPT, human and environmentally clean
technologies for packaging.‖ It may be noted at this juncture that China got
readmitted to the system after a long wit and lobbying.
One major controversy of GATT is the agricultural subsidies. Much hue
and cry has been raised in India about this factor. However, it needs to be
mentioned that the GATT decision would not adversely affect India‘s
Agricultural subsidies and its agriculture exports. Other developing countries
would also largely benefit because of the lowering of the agricultural protection
be the developed countries, in spite of the fact that the wish of the developing
countries that the major Western nations would totally drop subsidies for their
producers. Substantially lower tariffs and open markets did not materialize.
According to Government of India, the Market Access Agreements
signed by India with the USA and EU will result in additional export earnings of
around Rs1100 crore in the initial years and the additional access achieved will
get magnified in the second and third phases of integration of the textiles trade
with the multinational trade system and will provide larger earnings during these
periods.
Assuming that India‘s market share in world exports improves to one per
cent, and that she is able to take advantage of the opportunities that are created,
the trade gains may consequently be placed at $ 2.7 billion exports per year.
More generous estimates range from $ 3.5 to 7 billion worth of extra exports.
However India‘s gain will be much less than those of several other
developing countries like Chine and the newly industrialized economies
because:
India‘s share in the world trade is very low and (2) the foreign trade – DGP ratio
of India is low. The gain will also depend on the rate of growth of India‘s
exports.
India has taken several measures to comply with the TRIPs Agreement. On
copyrights and related rights, the Agreement requires compliance with the
provisions of Bern Convention to which India is a signatory and the new
Copyright Act of India already meets the requirements of the TRIPs Agreement.
Trade and Merchandise Marks Act of 1958 were replaced by a new Act, namely,
The Trade Marks Act, 1999, so as to provide for the protection of service marks
also.
Our recently amended patent law contains provisions for mandatory
disclosure of source and geographical origin of the biological material used in
the invention while applying for patents in India. Provisions have also been
incorporated to include non-disclosure or wrongful disclosure of the same as
grounds for opposition and for revocation of the patents, if granted. To protect
traditional knowledge from being patented, provisions have also been
incorporated in the law to include anticipation of invention by available local
knowledge, including oral knowledge, as one of the grounds for opposition as
also for revocation of patent. In order to further strengthen theses provisions, a
new provision has been added to exclude innovations, which are basically
traditional knowledge or aggregation or duplication of known properties of
traditionally known component or components from being patented.
India is a party to the Convention of Biological Diversity (CBD), which
came into force in December 1993. The CBD offers opportunities to India to
realize the benefit of these resources. The Protection of Plant Varieties and
Farmers Rights Act were passed with the objective of giving a significant thrust
to agricultural growth by providing and effective system for the protection of
plant varieties and farmers rights. This is expected to stimulate investment in
R&D for the development of new plant varieties.
The Geographical Indication of Goods (Registration and Protection) Act,
1999 passed by parliament is another step taken by India. The Act primarily
intends to protect the valuable geographical indications of our country. The
protection under the Act is available only to the geographical indication
registered under the Act and to the authorized users. The Act permits any
association of persons or producers or any organization or authority established
by law representing the interest of the producers of goods to register a
geographical indication. It may be possible to argue that the holders of the
traditional knowledge in goods produced and sold using geographical indication
can register and protect their traditional knowledge under this law.
Various suggestions have been advanced in India to extend protection to
knowledge, innovations and practices. These include; (i) documentation of
TK, (ii) registration and innovation patent system, and (iii) development of an
associated TK could help in checking bio – piracy. Documentation could be a
double-edged sword. It is assumed that if the material/knowledge is
documented, it can be made available to patent examiners the world over so that
prior art in the case of inventions based on such materials/knowledge are/ is
readily available to them.
The Indian legislation for the Protection of Plant Varieties and Farmers‘
Rights Act 2001 also acknowledges that the conservation, exploration,
collection, characterization, evaluation of plant genetic resources for food and
agriculture are essential to meet the goals of national food and nutritional
security as also for sustainable development of agriculture for the present find
future generations. It also acknowledges that the plant genetic resources for food
and agriculture are the raw material indispensable for crop genetic improvement.
The concept of effective benefit sharing arrangement between the provider and
the recipient of the plant genetic resources forms and integral part of our Act.
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