This Paper has 27 answerable questions with 0 answered.
| Roll No………… | |
| Time allowed : 3 hours | Maximum marks : 100 |
| Total number of questions : 8 | Total number of printed pages : 2 |
| NOTE: Answer SIX questions including Question No.1 which is compulsory. |
| Marks |
| 1. | Discuss the following: | 4each | |
| | (i) | Economic efficiency and consumer welfare have been the key objectives of competition policy. | | (0) |
| | (ii) | What copyright protects is not the raw materials from which the work is created, but the skill and labour employed by the author in creation of the work? | | (0) |
| | (iii) | WTO is concerned with setting–up the rules of trade policy game, not with the results of the game. | | (0) |
| | (iv) | Foreign technology agreements vs. foreign direct investment. | | (0) |
| | (v) | Binding vs. enforceable commitments. | | (0) |
| 2. | The Arbitration and Conciliation Act, 1996 was passed to ensure conformity with UNCITRAL. | | |
| | (i) | What are the provisions of this Act regarding number of persons in the arbitral tribunal? | 4 | (0) |
| | (ii) | What is the settled case law on this issue? | 4 | (0) |
| | (iii) | Comment on the Supreme Court judgement in the case of N.P. Lohia vs. N.K. Lohia in this matter. | 8 | (0) |
| 3. | (a) | What is meant by ‘modalities’ for negotiations in the Doha Ministerial Conference Mandate on tariff negotiations on non–agricultural goods ? | 4 | (0) |
| | (b) | The same mandate mentions ‘peak tariffs’, ‘high tariffs’ and ‘tariff escalation’. Elaborate these three terms. | 4 | (0) |
| | (c) | What is the main purpose of GATS ? | 4 | (0) |
| | (d) | How are the supply of services categorised under GATS ? | 4 | (0) |
| 4. | (a) | Does the Indian law in practice recognise the trade secrets ? Illustrate with examples. | 4 | (0) |
| | (b) | Discuss the concept of trade secrets vs. patents and strategies to protect trade secrets. | 4 | (0) |
| | (c) | How do you determine whether a ‘trade secret’ is a secret ? | 4 | (0) |
| | (d) | What can be patented ? | 4 | (0) |
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| 5. | (a) | Enumerate the main ways of resolving disputes under the dispute settlement mechanism of WTO. | 4 | (0) |
| | (b) | How does consultation help to address dispute settlement? | 4 | (0) |
| | (c) | Who are the ‘neutrals’? | 4 | (0) |
| | (d) | Is there any provision for transitional arrangement under WTO? | 4 | (0) |
| 6. | A Canadian company namely Bosco Rice Company has patented in Canada, a line of long grain aromatic rice, which it claims to have developed as a type of Basmati rice. This throws serious implications for Basmati rice exporters from India and Pakistan where this rice is grown traditionally. This product is one of the fastest growing export items from India and it is exported to USA, Canada and other European countries. The Canadian company is selling new patented rice as ‘Texmati’ and ‘Kasmati’ but not as ‘Basmati’.
Indian companies exporting Basmati rice have alleged that this would cut into India’s and Pakistan’s global market share specially because the rice grown in Canada is capable of being sold cheaper than the Indian and Pakistani varieties. You have been engaged as a Counsel to plead the case of Indian companies at the appropriate forum for settlement of this particular dispute. Formulate your opinion with following attributes: | (i) | Whether Pakistan can be party to the dispute along with India ? |
| (ii) | Whether ‘Basmati’ fit into the definition of a geographical indication given in the TRIPS agreement ? Give reasons for and against. |
| (iii) | State the position as specified in Indian geographical indication legislation |
| 2+6+8 | (0) |
| 7. | (a) | Review the entry level regulatory barriers to foreign investment in India. | 8 | (0) |
| | (b) | Under what conditions can the anti–dumping measures beundertaken retrospectively? | 4 | (0) |
| | (c) | Calculate the nominal and effective rate of protection on laptop computer produced and imported by USA with the help of following data: Price of laptop computer
Tariff on the final product
Value of foreign inputs | $1000
20%
$600 |
What will be the effective rate of protection, if the intermediate inputs are tariffed at 50%? | 4 | (0) |
| 8. | (a) | What is the concept of ‘South Asian Free Trade Area’ (SAFTA) ? Enumerate the nations who have shown agreement on the issue. | 4 | (0) |
| | (b) | What are the export–oriented units? | 4 | (0) |
| | (c) | What is the procedure for approval of the export–oriented unit ? | 8 | (0) |
