Copyright (c) 2008 All rights reserved. http://works.bepress.com/kdraju Recent documents in Dr. Raju KD en-us Sun, 03 Aug 2008 04:46:42 PDT 3600 http://works.bepress.com/kdraju/20 http://works.bepress.com/kdraju/20 Fri, 01 Aug 2008 10:33:17 PDT This paper addresses the concerns linking trade with WTO and its effect on developing countries and the ILO core labour standard conventions and India's adherence to these core conventions. The whole study is divided into four sections in which the first one gives an introduction to the subject and an overview of the issue of social clause in WTO and core labour standards. The second part will discuss the core labour standard conventions of the ILO. The third section gives Indian adherence to the core standards and an overview of the Indian labour legislations dealing with the issue. The concluding part attempts to make some suggestions for the policy makers of the Government of India and all stakeholders for better understanding on the subject. This paper will argue that any attempt to link labour standards with the WTO is objectionable and it is not the right forum to deal this issue. On the other hand this paper will argue for ratification of the core labour standard conventions of the ILO by the Government of India. Dr. Raju KD WTO Law http://works.bepress.com/kdraju/19 http://works.bepress.com/kdraju/19 Fri, 01 Aug 2008 10:05:46 PDT Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement was one of the most contentious issues in the Uruguay Round of multilateral trade negotiations, which was concluded in 1994 at Marrakech. The commitments under the TRIPS Agreement compelled India to amend its patent regime in 1999, 2002 and 2003 (the Amendment Bill lapsed due to the dissolution of the present Lok Sabha). This paper examines the amendments in the Indian patent system in consequence of TRIPS Agreement, and Indian reaction to the same in substantial and procedural levels. India opted for the setting up of a 'mail box' and has taken Exclusive Marketing Rights (EMR) route for the transitional period. The second section analyses the implications of transitional period and to suggest further options available to India. It also looks into the new provisions included in the Patents (Amendment) Bill 2003. This paper, based on a review of amendments to the Indian law, concludes that the Indian patents regime is inadequate to meet the challenges posed by the TRIPS Agreement. It also puts forward some suggestions to improve the patent regime in the country as a whole. Dr. Raju KD Intellectual Property Law http://works.bepress.com/kdraju/18 http://works.bepress.com/kdraju/18 Fri, 01 Aug 2008 10:01:39 PDT The debate between "free traders" and "protectionists" may be analyzed carefully. Anti-dumping policy and law are recurring subjects of debate in the international trade negotiations. Now the rules are incorporated in the WTO "Agreement on Antidumping." However, nowadays this law is used as a political shield to protect domestic industries by many members. This paper argues that anti-dumping actions are obstructing international trade by domestic industry protectionism which is against the spirit and letter of the WTO. This paper also intends to evaluate the recent WTO Appellate Body Jurisprudence on anti-dumping and its repersussion on Members especially, developing countries. The result reveals that the number of initiations all over the world has increased drastically in the last decade. Neither the developed nor the developing countries argued for scraping the anti-dumping rules. The solution is to amend the present anti-dumping law to facilitate free trade by providing a level playing field for the domestic industries as well in their own markets. Dr. Raju KD WTO Law http://works.bepress.com/kdraju/17 http://works.bepress.com/kdraju/17 Fri, 01 Aug 2008 09:58:58 PDT In India the Government largely provides education. However, the scarcity of public funds and inefficiency, called for private participation in the higher education sector in India. This paper examines the private initiatives in this through enabling legislations and corresponding governmental regulation through various agencies and judicial decisions interpreting the concerned provisions in the backdrop of liberalisation of the sector under the WTO and General Agreement on Trade in Services (GATS). The findings, coupled with the existing literature on private initiatives in higher education, suggest the need for greater private participation in the Indian higher education sector and unified norms for its regulation. Dr. Raju KD Indian Laws http://works.bepress.com/kdraju/16 http://works.bepress.com/kdraju/16 Fri, 01 Aug 2008 09:52:54 PDT The General Agreement on Trade in Services (GATS) is a new international agreement entered in 1995 under the auspices of the World Trade Organization (WTO). Education services is one of the area among the least committed areas by the WTO Members. It is one of the largest “business” field among the services. The developed countries argues for opening of education "markets" all over the world. The principal supporter is the US. This paper examines the general barriers to the opening up of the sector and in particular, the Indian education system under the four modes of supply prescribed in the GATS agreement. Dr. Raju KD WTO Law http://works.bepress.com/kdraju/15 http://works.bepress.com/kdraju/15 Fri, 01 Aug 2008 09:50:20 PDT Financial services are one of the sectors to be opened under the Agreement on Trade in Services (GATS) entered into force on 1 January 1995 along with other WTO Agreements. In the multilateral negotiations developed countries are taken a two-track approach to the liberalization of their financial markets. Developing countries were reluctant to open their markets fully and open for multinational companies. The movement of persons under Mode 4 services are still a stumbling block in the negotiations. The present article intended to analyse the status of financial negotiations in the WTO and examines the performance of Indian banking and insurance sectors and Indian commitments in the WTO. The study concludes that domestic reforms are vital for the full integration of the financial markets in most of the developing countries including India. Dr. Raju KD WTO Law http://works.bepress.com/kdraju/14 http://works.bepress.com/kdraju/14 Fri, 01 Aug 2008 09:48:14 PDT The failure of the fifth WTO Ministerial Conference held at Cancun from 10-14 September 2003 raised many questions about the success of the multilateral trading system. The present paper explores the sequence of events happened at the Cancun and analyses whether the "agricultural issues" or the "Singapore issues" made the stumbling block at the Cancun. The analysis reveals that the pushing of Singapore issues by the European Union was the failure of the Cancun. Dr. Raju KD WTO Law http://works.bepress.com/kdraju/13 http://works.bepress.com/kdraju/13 Fri, 01 Aug 2008 09:45:43 PDT Doha Development Agenda (DDA) is an ambitious programme for the developing countries declared in the WTO Doha Ministerial Conference in 2001. When looking beyond the DDA and the issues which are likely to be discussed in the coming Cancun Ministerial, the consensus is unlikely. The present article analyses the issues likely to be come up for discussion in the Ministerial like, the Singapore issues, agriculture, services, TRIPs and public health and finally conclude with some suggestion for formulating strategies for the developing countries. Dr. Raju KD WTO Law http://works.bepress.com/kdraju/12 http://works.bepress.com/kdraju/12 Fri, 01 Aug 2008 09:42:05 PDT Under the WTO regime the negotiations on services have already begun in accordance with the Doha Ministerial mandate. One of the important issues that will form part of this process is the trade in educational services. Presently, the negotiations are in the request-offer phase. So far India has not committed to open up this sector. But it is expected that pressure from the developed countries will ultimately lead to the opening of the sector very soon. Trade in educational service is too important for India. A thoroughly underpinning work and internal assessment is to be done before making any commitments in the WTO. In this context, this paper analyses the implementation of the General Agreement on Trade in Services (GATS) in India and implications to the sector, especially the Higher Education. Dr. Raju KD International Trade Law http://works.bepress.com/kdraju/10 http://works.bepress.com/kdraju/10 Mon, 28 Jul 2008 19:48:20 PDT The Indian education sector is undergoing a sea change in the recent past. The focus is shifted from the public sector to the private sector providers in higher education. The Government is come with a number of regulations and targeted the private sector investments in education. So far India is not committed to open the education sector under the WTO negotiations and GATS. However the government is all set to introduce a law for the regulation of foreign universities in the country. This paper mainly analyzes India's policies and investment since independence in 1947 in the first part. The second part looks into the question where do we want to go in the next 20 years. The third part suggests some ways to achieve the goals. Dr. Raju KD Indian Laws http://works.bepress.com/kdraju/9 http://works.bepress.com/kdraju/9 Mon, 28 Jul 2008 19:46:24 PDT The link between HIV/AIDS and TB is discussed very much among the scholars and policy makers at governments. This paper analyzes the Indian health care system in total and some of the states in specific. The analysis reveals that India is one of the developing countries with highest number of TB as well as HIV/AIDS patients. The Government doesn't have specific strategies to tackle the problem in the next 10 years. Dr. Raju KD Indian Industies http://works.bepress.com/kdraju/8 http://works.bepress.com/kdraju/8 Mon, 28 Jul 2008 19:44:06 PDT Many of them argue that the open source software is free and free from intellectual property protection clutches. This paper argues that this notion is a myth when taking into account the percentage of proprietary software usage all over the world. The governmental policies and decision to support or adopt one model or the other will have a large impact on the software industry. This study substantiates that the neutrality of government promotes innovation and development rather than supporting a particular model through a cross-country analysis of Europe, Brazil, China and India. The analysis shows that more governments are making laws and policies in support of open source softwares. Dr. Raju KD Intellectual Property Law http://works.bepress.com/kdraju/7 http://works.bepress.com/kdraju/7 Mon, 28 Jul 2008 19:41:41 PDT India enacted a new law named Food Safety and Standards Act, 2006 to cope up with international standards. However, different sections of the society, especially the food processing industry and food vendors accuses the Act as a sword against them and the excessive powers with the inspoectors will led to license raj system of pre-liberalisation era. The rules are yet to be made under the Act. There should be a concerted effort to implement the law without diluting the provisions, at the same time without much bureaucratic hurdles and interferences. Dr. Raju KD Indian Industies Indian Laws http://works.bepress.com/kdraju/6 http://works.bepress.com/kdraju/6 Mon, 28 Jul 2008 19:39:26 PDT The objective of this article is to analyse a larger question of international importance: the jurisdiction of a national court to test the validity of a provision in an international agreement in the light of the Novartis case. In the second part, freedom of the WTO members to implement of the TRIPs obligations under Article 27 through national legislations and its repercussions on the protection of intellectual property are analysed. At the end of the discussion the controversial discussion of patents v. patients in developing countries were closely examined. The concluding remarks can be used as a guideline for the developing countries in the protection of intellectual property especially in the pharmaceutical sector. Dr. Raju KD Intellectual Property Law http://works.bepress.com/kdraju/5 http://works.bepress.com/kdraju/5 Mon, 28 Jul 2008 19:36:19 PDT SMEs form the backbone of the Indian manufacturing sector and have become engine of economic growth in India. It is estimated that SMEs account for almost 90% of industrial units in India and 40% of value addition in the manufacturing sector. This paper closely analyses the growth and development of the Indian mall scale sector from opening of the economy in 1991. Third part looks into the present scenario of SMEs and the problems they phases like lending, marketing, licenseraj issues in detail. The Micro, Small and Medium Enterprises Act, 2006 is intended to boost the sector. The provisions of the Act are examined closely. The final part provides some future policy framework for the sustainability of the sector. Dr. Raju KD Indian Industies http://works.bepress.com/kdraju/4 http://works.bepress.com/kdraju/4 Mon, 28 Jul 2008 19:31:21 PDT Alternate dispute resolution is becoming more and more popular in India in the present day context. The backlog of cases is alarmingly increasing and disposal of disputes expeditiously are a must for the maintenance of rule of law in the largest democracy in the world. The economic liberalisation in 1991 made more burdens on the courts. The present paper discusses the use of ADR as a tool to reduce the backlog of cases in India through Arbitration, Mediation and Conciliation. Lok Adalats, Gram Nyayalayas and Nyaya Panchayats are the contribution of India to the jurisprudence of ADR. The new Nyaya Panchayat Bill, 2006 and Gram Nyayalayas Bill, 2007 are examined closely. This paper argues that the concept of ADR should be "Indianised" to adapt to the local conditions. In order to counter the opposition from the lawyer community, the law schools should include curriculum to train the law students for amicable settlement of the disputes rather than the present system of promoting litigation. Dr. Raju KD Alternate Dispute Resolution http://works.bepress.com/kdraju/3 http://works.bepress.com/kdraju/3 Mon, 28 Jul 2008 19:27:42 PDT The purpose of the WTO Agreement on Anti-Dumping (ADA) is to ensure that the provision is used only as a contingency measure based upon merit, and not as a veiled protectionist mechanism.However, since the establishment of the WTO in 1995, the number of anti-dumping investiigations initiated has increased substantially. Given the growing misuse of anti-dumping investigations, there is an urgent need to look into the modification of the procedure, and the current analysis attempts to identify the broad areas of violation of the ADA in world trade and subsequently discusses the potential provisions for future reform. Dr. Raju KD WTO Law http://works.bepress.com/kdraju/2 http://works.bepress.com/kdraju/2 Mon, 28 Jul 2008 19:16:09 PDT There has been proliferation of RTAs and FTAs throughout the world in the recent past. According to the WTO estimates, close to two-third of world trade is on a preferential basis and only three of its members are not party to any RTAs. It is estimated that there will be 400 FTAs within 2010. The objective of the present article is to analyse India's trade agreements with other trade blocks and its neighbours. It is argued that these agreements are not in fovour of India's economic interests and affecting the Indian industry adversely. Dr. Raju KD International Trade Law http://works.bepress.com/kdraju/1 http://works.bepress.com/kdraju/1 Mon, 28 Jul 2008 19:11:41 PDT Taxation of goods, services and income is a concept that has been prevalent for a long time, all over the world. Different categories are taxed with different objectives and purpose. Sometimes economies may want to discourage the use of foreign goods within their countries and consequently therefore the tax on imported goods will be high. However, interestingly, taxing of intellectual property is a recent phenomenon across the globe. Developments in science and technology and rapid communication have made it accessible to every country. In India intellectual property is taxed in many ways, though indirectly. This paper examines various provisions of intellectual property taxation under different legislations in India. It argues that the lack of a comprehensive policy on intellectual property taxation acts as a disincentive to technology transfer and IP creation in India. Dr. Raju KD Intellectual Property Law