New IPR Policy

New IPR Policy 

            The Government has approved the National IPR Policy on 12th May 2016. The policy lays down the following seven objectives:


1.IPR Awareness: Outreach and Promotion- Generation of IPRs: To create public awareness about the economic, social and cultural benefits of IPRs among all sections of society;

2. Generation of IPRs- To stimulate the generation of IPRs;

3.  Legal and Legislative Framework: To have strong and effective IPR laws, which balance the interests of rights owners with larger public interest;

4. Administration and Management: To modernize and strengthen service-oriented IPR administration;

5. Commercialization of IPR: Get value for IPRs through commercialization;

6. Enforcement and Adjudication: To strengthen the enforcement and adjudicatory mechanisms for combating IPR infringements;

7. Human Capital Development: To strengthen and expand human resources, institutions and capacities for teaching, training, research and skill building in IPRs;



            The policy is a vision document that lays the roadmap for future development in the field of IPRs. It is comprehensive and holistic, and cannot be said to lack specifics. It lists specific action points to be implemented towards fulfillment of the aforementioned objectives. These action points have been assigned to specific nodal departments for implementation. Already, certain points like transfer of Copyright and Semiconductor Integrated Circuits Layout-Design to Department of Industrial Policy and Promotion have been acted upon and the Government of India (Allocation of Business) Rules accordingly changed. Similarly, augmentation of manpower, including recruitment of 458 Patent Examiners, has been done.

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Fall in Trade Deficit

 The merchandise trade deficit of India has narrowed over the last five years as per the details given below:
  Value in US $ Billion      

Year	Export	Import	Trade Deficit
2011-12	305.96	489.32	-183.36
2012-13	300.40	490.74	-190.34
2013-14	314.41	450.21	-135.80
2014-15	310.35	448.03	-137.68
2015-16*	261.14	379.60	-118.46

Source: DGCI&S, * Figures as per Quick Estimates.

            The main reason behind this development is the differential impact of the global slowdown, which has caused a greater absolute fall in the value of India’s imports than in exports since 2011-12.

            While the reduction in trade deficit is a positive development, some key remedial measures Government has taken to address the fall in exports are as follows:

i. The New Foreign Trade Policy (2015‐20) was announced on 1st April, 2015 with a focus on supporting both manufacturing and services exports and improving the ‘Ease of Doing Business’.

 

 ii.  In the light of the major challenges being faced by Indian exporters in the backdrop of the global economic slowdown, the envisaged revenue outgo under MEIS was increased from Rs. 18000 Crore to Rs. 21000 Crore in October 2015 with accompanying enhancement in benefits on certain products and inclusion of certain additional items. On 04.05.2016, the Government has extended the market coverage to all countries in respect of 2787 lines.  Hence Landing Certificates shall not be required under MEIS w.e.f 04.05.2016. This step has been taken as part of ‘Ease of Doing Business’ and reduction of Transaction Cost of exporters. Accordingly, revenue foregone under the scheme has been revised from Rs.21000 Crore per annum to Rs.22,000 Crore per annum.

 

 

iii. The Government is implementing the Niryat Bandhu Scheme with an objective to reach out to the new and potential exporters including exporters from Micro, Small & Medium Enterprises (MSMEs) and mentor them through orientation programmes, counselling sessions, individual facilitation, etc., on various aspects of foreign trade for being able to get into international trade and boost exports from India.  

 

iv    By way of trade facilitation and enhancing the ease of doing business, Government reduced the number of mandatory documents required for exports and imports to three each, which is comparable with international benchmarks. The trade community can file applications online for various trade related schemes. Online payment of application fees through Credit/Debit cards and electronic funds transfer from 53 Banks has been put in place.

 

v Further, the Government continues to provide the facility of access to duty free raw materials and capital goods for exports through schemes like Advance Authorisation, Duty Free Import Authorization (DFIA), Export Promotion Capital Goods (EPCG) and drawback / refund of duties.

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Import of pulses and edible oil 

 The details of import of pulses and edible oil( vegetable oil) in the last three years areas under :

 

Sl No.	Year	Pulses		Edible oil (vegetable Oil)
		Qty (lakh MT)	Val. (Million US$)	Qty. (lakh MT)	Val. (Million US$)
1	2013-14	36.44	2119.32	104.67	9389.74
2	2014-15	45.85	2786.10	127.32	10621.48
3	2015-16	57.97	3902.22	156.39	10485.18

Figures for 2015-16 are provisional.

 

  The government has signed a Memorandum of Understanding (MOU) with the Government of Mozambique, which fixes targets of minimum quantities of import of Tur and other pulses from Mozambique over three financial years as given below:

Year	Quantity (in Tonnes)
2016-2017	100,000
2017-2018	125,000
2018-2019	150,000

To increase domestic production of Pulses and Oilseeds and to reduce dependency on imports, the Government has taken the following steps:

 

(i)                  National Food Security Mission (NFSM) – Pulses under KrishonnatiYojna (State Plan) is operational in 29 states and 638 districts of the country with an allocation of Central share of Rs.1100 crore during the current financial year, 2016-17.  The sharing pattern of Centre and States is in the ratio of 60:40 for General States and 90:10 for the North Eastern States and Himalayan States.  Further, various developmental interventions under NFSM-Pulses scheme are being implemented by respective State governments, the details of which are at Annexure ‘A’.

 

(ii)               National Mission on  Oilseeds and Oil Palm (NMOOP) under KrishonnatiYojna (State Plan) is operational under Mini Mission-I on Oilseeds in 26 states, Mini Mission-II on Oil Palm in 20 states, Mini Mission-III on Tree Borne Oilseeds(TBOs) in 29 states of the country with an allocation of Central share of Rs.500 crore during current financial year 2016-217.  The sharing pattern of Centre and States is in the ratio of 60:40 for General States and 90:10 for the North Eastern States and Himalayan  States. 

Various Developmental Interventions under NFSM-Pulses Scheme during 2016-17 

S. No.	Intervention	Approved rates /Unit
1	*Demonstrations on Improved Technologies:
	(a) Cluster Demonstrations (of 100 ha each)	Rs.7500/-ha
	(b) Demonstration on Inter-cropping	Rs.7500/-ha
	(c) Cropping System based Demonstration [Pulse (Urad,moong, Moth, Cowpea, Pigeonpea) –Wheat]	Rs.12500/-ha
2	Distribution of Certified Seeds:
	(a)    HYVs seeds	Rs.2500/-Qtls
3	Integrated Nutrient Management:
	(a) Micro-nutrients	Rs.500/-ha
	(b) Gypsum/80% WG Sulphur	Rs.750/-ha
	(d) Bio-fertilizers	Rs.300/-ha
4	Integrated Pest Management (IPM)
	(a) Distribution of PP Chemicals	Rs.500/-ha
	(b) Weedicides	Rs.500/-ha
5	Resource Conservation Technologies/Tools:
	(a) Manual Sprayer	Rs. 600/Unit
	(b) Power Knap Sack Sprayer	Rs.3000/Unit
	(c) Zero Till Seed Drill	Rs.15000/Unit
	(d) Multi Crop Planter	Rs.15000/Unit
	(e) Seed Drill	Rs.15000/Unit
	(f) Zero Till Multi Crop Planter	Rs.15000/Unit
	(g) Ridge Furrow Planter	Rs.15000/Unit
	(h) Chiseller	Rs.8000/Unit
	(i) Rotavator	Rs.35000/Unit
	(j) Laser Land Leveler	Rs.150000/Unit
	(k) Tractor mounted sprayer	Rs. 10000/Unit
	(i) Multi crop thresher	Rs. 40000/Unit
6	Efficient Water Application Tools:
	(a) Sprinkler Sets	Rs.10000/-
	(b) Pump Sets	Rs.10000/Unit
	(c) Pipe for carrying water from source to the field	Rs. 15000 or Rs.25/m
	(d) Mobile Rain gun	Rs. 15000/Unit
7	Cropping System based trainings	Rs.3500/ Sess. Rs.14000/ Trai.
8	Local Initiative
(a)	Seed Treatment Drum	Rs. 1000/Unit
(b)	Spiral Grader	Rs. 2000/Unit
9	Demonstrations by (KVK)	Rs.7500/ha

 

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Steps to Stop Export of Fake Goods 

According to a study by OECD (Organisation Economic Cooperation and Development) and the European Union’s Intellectual Property Office, titled “Trade in Counterfeit and pirated goods: Mapping the Economic Impact” (published in April, 2016), international trade in counterfeit and pirated products represents up to 2.5% of world trade in 2013. A perusal of the Report shows that in terms of number of counterfeit shipments seized, India ranked 6th as an originating country of such shipments for the years 2011, 2012 and 2013 accounting, respectively, for 1.46%, 0.83% and 1.16% of the total number of shipments seized during these years. 

According to the OECD report, postal parcels are the most popular way of shipping counterfeit and pirated product. Between 2011 and 2013, an average of almost 62% of seizures worldwide concerned postal shipments. 

According to the Central Board of Excise and Customs, with regard to exports of fake and counterfeit goods, the Customs Department is following all the procedures and directions issued by the Government in this regard. Field formations are advised from time to time to maintain strict vigil and check/examine export consignments thoroughly in order to prevent such fake exports. 

Also, Directorate General of Foreign Trade (DGFT) has informed that with a view to check export of counterfeit drugs, it has notified the procedure for implementation of the Track and Trace system for export of pharmaceutical and drug consignments on 1st April, 2015. 

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Startups that applied for recognition 

793 startups have applied for recognition so far under the ‘Startup India’ programme. 

223 startups have been recognized by the Government so far. A ‘Fund of Funds’ (FFS) of INR 10,000 crores for Startups has been established which is being managed by SIDBI. The fund will invest in SEBI registered Alternative Investment Funds (AIFs) which, in turn, will invest in Startups. Till date, SIDBI has sanctioned an amount of Rs.168 crore towards the corpus of 6 AIFs under FFS. These AIFs shall invest in startups across sectors and States. At present no such information, state-wise, is available. 

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Foreign Investment in pharma sector 

During the Financial Year 2015-16, Foreign Direct Investment (FDI) amounting to US$ 0.754 billion has been received in Drugs & Pharmaceutical Sector through equity inflow. 

According to World Trade Organization (WTO)’s database for the year 2014, India’s export is higher than China in the sectors of `Fuels’ and `Fuels & Mining Products’. 

A total of US$ 138.01 billion of Foreign Investment (FDI + investment by Foreign Institutional Investors) has been made in the country during the last two years i.e. F.Y. 2014-15 & 2015-16. 

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Interest Subvention Scheme to Boost Exports 

The Government has introduced the Interest Equalization Scheme on Pre and Post Shipment Rupee Export Credit w.e.f. 01.04.2015 for 5 years. The scheme has been notified vide RBI circular No. 62 dated 04.12.2015. The scheme is available to all exports by manufacturers under 416 specified tariff lines [at ITC (HS) Codes at 4 digit level] and exports made by manufacturing Micro, Small and Medium Enterprises across all ITC (HS) Codes. The rate of interest equalisation is 3% per annum. 

Government has taken suitable measures to promote exports, which include: 

(i) The Merchandise Exports from India Scheme (MEIS) was introduced in the Foreign Trade Policy (FTP) 2015-20 with effect from April 1, 2015. MEIS aims to incentivize export of merchandise which is produced/ manufactured in India. 

(ii) The Government has introduced the Interest Equalisation Schemeon Pre & Post Shipment Rupee Export Credit with effect from 1.4.2015. The scheme is available to manufacturers for all exports under 416 specified tariff lines [at ITC (HS) Codes at 4 digit level] and to exports made by manufacturers in Micro, Small and Medium Enterprises across all ITC (HS) Codes. The rate of interest equalisation is 3% per annum. 

(iii) Duty Exemption/Remission Schemes viz Advance Authorisation (AA), Duty Free Import Authorisation (DFIA) and Duty Drawback (DBK) Scheme enable duty free import of inputs for export production, including replenishment of input or duty remission. Schemes to promote exports of Gem & Jewellery include Advance Procurement / Replenishment of Precious Metals from Nominated Agencies, Replenishment Authorisation for Gems, Replenishment Authorisation for Consumables and Advance Authorisation for precious metals. Export Promotion Capital Goods (EPCG) Scheme facilitates import of capital goods at zero duty for producing quality goods and services to enhance India’s export competitiveness. Authorisation holder underEPCG is not required to maintain average Export Obligation in respect of export of goods from following sectors viz. Handicrafts, Handlooms, Cottage & Tiny sector, Agriculture, Aqua-culture (including Fisheries),Pisciculture, Animal husbandry,Floriculture & Horticulture, Poultry, Viticulture, Sericulture, Carpets, Coir, and Jute. 

(iv) Market Access Initiative (MAI) Scheme is an Export Promotion Scheme envisaged to act as a catalyst to promote India's exports on a sustained basis. The scheme provides assistance to Export Promotion Organizations/Trade Promotion Organizations/National Level Institutions/ Research Institutions /Universities /Laboratories, Exporters etc., for enhancement of exports through accessing new markets or through increasing the share in the existing markets. 

(v) Market Development Assistance (MDA) Scheme is under operation through the Department of Commerce to assist exporters for export promotion activities abroad, assist Export Promotion Councils(EPCs) to undertake export promotion activities for their product(s) and commodities and assist approved organizations/ trade bodies in undertaking exclusive non-recurring innovative activities connected with export promotion efforts for their members. 

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Targeting Markets for Agri Exports 

Some varieties of mangoes from northern India are already being exported to Australia. In order to boost export of other varieties, the matter was pursued with the concerned Australian authorities to consider different varieties and other mitigation measures of Hot Water Treatment and Irradiation. In this regard, a delegation visited India in the month of June, 2016 to verify and certify three irradiation facilities for export of irradiated mangoes from the western and southern parts of India. Approval for certification of these facilities is under process. 

In case of South Africa, the market access efforts are continuing. The National Plant Protection Organization (NPPO), Ministry of Agriculture & Farmers Welfare, has sent the required information to the South African Authorities and the response from them is awaited. The matter is being pursued through the Indian High Commission in South Africa to receive the final import requirement. 

In case of South Korea, market access has been gained on 7th June, 2016. South Korean Quarantine Inspector has arrived in India on 11th July, 2016 for on-site pre-clearance programme at VHT facility at Saharanpur, Uttar Pradesh, for export of mangoes to South Korea. 

For export of grapes, the finalization of import risk analysis is awaited from the USA. In case of Japan and Vietnam, the import risk analysis with post-harvest mitigation measures is yet to be finalized by them. The matter is being pursued through the Indian Embassies in the respective countries. 

As for China, India has already submitted priority list for market access of 5 fruits and vegetables to AQSIQ, China, as per their request for providing the priority list. Out of 5 products submitted in the priority list, the finalization of protocol for okra is in the final stage and is pending with AQSIQ, China. 

India’s export of Agricultural & Allied Products, during the period April 2015 – February 2016, was Rs.1,43,802.55 crore as compared to Rs.1,68,918.94 crore over the same period in the previous financial year. 

The primary reasons for decline are: low commodity prices in the international market; shrinking of global demand; high domestic prices, as compared to the international prices, which has made our exports uncompetitive; unfavourable currency rate movements as compared to the competing countries etc. 

Encouraging exports of agricultural products is a continuous process. The Agricultural and Processed Food Export Development Authority (APEDA), an autonomous organisation under the Department of Commerce, provides financial assistance to the exporters through various components of its Plan Scheme viz. Infrastructure Development, Market Promotion, Quality Development and Transport Assistance. Besides these measures, the Ministry of Commerce & Industry has put in place various schemes namely Market Development Assistance (MDA), Market Assistance Initiative (MAI) and Merchandise Export Incentive Scheme (MEIS) etc. to provide assistance to encourage exports. 

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Finance minister to inaugurate India International Footwear Fair 2016 

The Finance Minister, Shri Arun Jaitley will inaugurate the 2nd edition of India International Footwear Fair (IIFF) - the premier specialised B2B event of the India Trade Promotion Organisation (ITPO) and Confederation of Indian Footwear Industries (CIFI) on August 5, 2016 at Pragati Maidan, New Delhi. 

IIFF (August 5-7, 2016) is being organised with support of apex bodies including the Council for Leather Exports (CLE), Central Leather Research Institute(CLRI), Indian Shoe Federation (ISF), Footwear Design and Development Institute (FDDI) and Indian Footwear Components Manufacturers Association (IFCOMA) and Indian Finished Leather manufacturers’ Association (IFLMEA). 

This year, as many as 263 leading companies from India and abroad are participating in the fair. These include over 160 Indian companies and 103 overseas from Brazil, China, Iran and Taiwan. China’s group participation is represented by Wenzhou Donnor Exhibition Group, G&F Co. and Splendour Exhibition Group. 

IIFF features a wide range of products in Hall 14 & 18 at Pragati Maidan. These includes: footwear, raw material, finished leather- shoe components, uppers, soles, heels, counters, lasts, synthetic material, footwear machinery and equipment, process technology, software, chemicals and publications. 

Visitor profile includes overseas business delegations, manufacturers & importers, buying houses, suppliers, consultants, retailers, equipment, chemical & machinery suppliers, representatives from marketing & direct selling companies and institutions. 

The present demand in India is 2.3 billion pairs a year and it is estimated India will need 5 billion pairs of shoes in 2020. Apart from unveiling the export potential of India in footwear and leather industry, the event aims to project India as an ideal investment destination. The fair reflects advances in technology, design and information sciences which enable modernisation of manufacturing units, eco- friendly and optimum use of resources. 

Entry is through registration at Gate 7, 8 and 10 (towards metro station). 

The fair will open from 10.00 am to 6.00 pm, daily.