The World Trade Organisation (WTO) has recently
settled a trade
dispute between India and United States that partially
covered the interests of both countries. The dispute at WTO pertained
to imposition of countervailing measures on certain hot-rolled carbon
steel flat products from India.
The final report of the Appellate Body at WTO has
been released on 8th December 2014. Our readers and other
stakeholders can read the document titled United
States – Countervailing Measures on Certain Hot-Rolled Carbon Steel
Flat Products from India – AB-2014-7 -Report of the Appellate Body
(PDF) for more details. A summary of the same has also
been made available by IPR
Helpdesk of Perry4Law and PTLB as WTO
Summary of the Dispute Settlement of Dispute No DS436 between India
and US (PDF).
This decision is a mixed one where India prevailed
over U.S. on few issues while U.S. prevailed over India on others.
Nevertheless it is a big relief for Indian steel exporters who were
facing uncertainties till now.
US has been showing its discomfort with the Indian
IP regime whereas India has been steadily maintaining that its IP
laws are in strict
conformity with India’s international obligations under
the WTO and TRIPS Agreement.
Nevertheless, India has decided to formulate the
national
IPR policy of India to alleviate the fears of US and other
countries. We at Perry4Law
and Perry4Law’s
Techno Legal Base (PTLB) believe that the proposed IPR
policy of India must also include technology
aspects as well to be more effective.
These recent developments have resulted in the acceptance of India
position regarding its international IP protection obligations to
some extent. Even US has also softened its stand in this regard and
this issue may not be discussed during the US President Obama’s
visit to India.
