Implication of WTO for Indian Agril The case of IPR

Slide 1: 

Implication of WTO for Indian Agril.: The case of IPR & Emerging Biosafety protocol

Slide 2: 

WTO GENESIS The General Agreement on Trade and Tariff (GATT) came into existence in 1947 It sought substantial reduction in tariff and other barriers to trade and to eliminate discriminatory treatment in international commerce. India signatory to GATT 1947 along with twenty two other countries Eight rounds of negotiations had taken place during five decades of its existence Contd.

Slide 3: 

WTO GENESIS WTO Came into existence on 1-1-1995 with the conclusion of Uruguay Round Multilateral Trade Negotiations at Marrakesh on 15th April 1994, to : Transparent, free and rule-based trading system Provide common institutional framework for conduct of trade relations among members Facilitate the implementation, administration and operation of Multilateral Trade Agreements Rules and Procedures Governing Dispute Settlement Trade Policy Review Mechanism Concern for LDCs and NFIDCs Concern on Non-trade issues such as Food Security, environment, health, etc.

WTO- AoA Aims at : 

WTO- AoA Aims at Fair and market oriented trading system Commitments on support and protection Operationally effective GATT Rules & Disciplines Equitable Trade Reform process Greater opportunities and Terms of Access to developing countries Concern for LDCs and NFIDCs Concern on Non-trade issues such as Food Security, environment, health, etc.

The agreement on Agril. Contains provision in three broad areas : : 

The agreement on Agril. Contains provision in three broad areas : Market access Domestic subsidies / Support Export subsidies

Slide 6: 

Market Access The negotiations on market access should include the following issues:       Comprehensive binding of tariffs       Reduction of peak tariffs and removal of tariff escalations      Reduction in the number of tariff rate quotas (TRQs) in a progressive manner      Volume of imports allowed under quotas to be substantially expanded till TRQs are eventually eliminated      Transparent administration of TRQs

Slide 7: 

Domestic support The negotiations on domestic support should include the following elements:       Substantial reductions in all forms of domestic support should be undertaken by the developed countries.       Subsidies excluded from the discipline introduced by the AoA, i.e. those appearing in the “Blue Box” and the “Green Box”, need to be re-assessed, particularly from the point of view of their influence on production.       The Peace Clause “Article 13 (a) and 13 (b)” shall not be extended beyond implementation period.

Slide 8: 

Domestic Support Green Box - Research, Extension, PDS, Decoupled Payments etc; Blue Box - Production Limiting Subsidies ; Amber Box - AMS-subject to reduction commitments viz - Product specific (MSP) - Non product specific (input subsidies-fert. Power, irrigation) ;

Slide 9: 

S&D to Developing Countries Increase the levels of MFN tariffs on sensitive products Special Safeguards (SSGs) No requirement to provide minimum access requirements Administration of tariff rate quotas for improved market access Right to use export subsidies Exemption for resource poor farmers in Product Specific Support

Slide 10: 

Export Subsidies The negotiations on export subsidies should include the following issues:       Countries using export subsides should phase out this form of farm support within two years of implementation of the revised disciplines to be followed by countries in the agricultural sector.       Export subsidies discipline should include all forms of spending that enhances the capacities of exporters to increase trade, e.g. export credit, guarantees and insurance programmes.       The Peace Clause “Article 13 (c)” shall not be extended beyond implementation period.

Slide 11: 

Non-Trade Concerns The issue of non-trade concerns should be articulated as under:      Non-trade concerns should be adequately reflected in the decisions, particularly those related to market access and domestic support. The AoA needs to provide an enabling environment for the countries to address the concerns relating to food security and livelihoods.       The relevant decisions of the World Food Summit on food security and livelihoods need to be integral part of the negotiations.

Slide 12: 

Issues of Regional Importance 1. Crops that are significant from the point of view of sustaining livelihoods and regional development 2. Crops in which the individual states can be considered to be efficient producers considering the global trends 3.  Crops in which the states have been accumulated surpluses 4.   Crops that face the threat from cheap imports 5. Crops that have been facing fluctuating prices, resulting in uncertainties for the farmers

Slide 13: 

Issues of Export Competitiveness of Select Agro-products Rice: The rice export is projected to increase to 2.7 million tonnes in 2005 from current level of 1.8 million tonnes. In spite of much favourable domestic resource cost, the nominal protection co-efficient is marginal which is due to volatile international prices. The domestic supply gap, quality, processing, marketing, transportation etc., are going to be key factors for sustaining India’s rice export potential. Spices: Owing to expanding global demand of spices, there is potential for accelerating Indian spice export but the rising competition would require concerted efforts. The problem of aflotoxin, pesticide residue and low yields are to be tackled.

Slide 14: 

Issues of Export Competitiveness of Select Agro-products Tea: The Indian tea export is projected to increase marginally from 159 thousand tonnes during 1993-95 to 165 thousand tonnes in 2005. India’s export competitiveness as well as share in export of tea is declining. The strategies include promotional measures, joint ventures for tea blending and marketing and support for importing machinery and packaging materials. Coffee: The coffee export is projected to reach to 180 thousand tonnes in 2005 from the level of 160 thousand tonnes in 90s. There is emergence of new markets in Asia and Eastern Europe and hence India has to focus on this aspect as well. The quality, R&D and post-harvest methods are important to sustain the growth.

Slide 15: 

Issues of Export Competitiveness of Select Agro-products Cashew : India’s export is projected to increase to 95,000 tonne by 2005 from current exports of 80,000 tonne. The emergence of Vietnam and Brazil as exporters, decline in domestic production of raw cashew and quality stipulations by importing countries, may make these projections un-achievable. The improvement in the processing facility, land development for additional plantation crop area and removal of legal barriers for such area expansion are suggested for sustaining the export potential. Marine Products : Indian marine products are expected to increase by about 10.2%, per annum, in the next five years. The marine processing industry is well developed but to sustain the growth, availability of raw materials for effective production planning and development of scientifically managed aqua-culture and brackish water resources are envisaged. The transport and other infrastructure to support export are also envisaged.

Slide 16: 

India Seeks Protecting our food and livelihood security by having sufficient flexibility for domestic policy measures. Protecting domestic producers from the surge in imports or significant decline in import prices. Substantial reduction in export subsidies and domestic support to agriculture in the developed countries for greater market access to products of developing countries. Finally, a more equitable & fair trading framework for agricultural commodities

Trade-Related intellectual property rights system : 

Trade-Related intellectual property rights system is a treaty administered by the World Trade Organization (WTO) which sets down minimum standards for many forms of intellectual property (IP) regulation. It was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) treaty in 1994. .

Slide 18: 

TRIPS contains requirements that nations' laws must meet for: copyright rights, including the rights of performers, producers of sound recordings and broadcasting organisations; geographical indications, including appellations of origin; industrial designs; integrated circuit layout-designs; patents; monopolies for the developers of new plant varieties; trademarks; trade dress; and undisclosed or confidential information. TRIPs also specifies enforcement procedures, remedies, and dispute resolution procedures.

Biosafety regulations : 

Biosafety regulations Biosafety regulations focus on direct & indirect consequences of introducing GMOs or LMOs into the environment such as : What is the probability that the characteristics of GMOs may be transferred to the wild relatives of the species To what extent the toxin producing or other genes introduced into the organism can be transferred to other organisms even unrelated Whether consumption of GMO can cause any allergy or other health hazards Whether the introduction of GMO can create new weeds, affect biological vectors or disrupt the co system?

Environment hazards in transgenic crops : : 

Environment hazards in transgenic crops : Mode of gene escape in Rapeseed Mode of gene escape in corn Mode of gene escape in cotton

Mode of gene escape in Rapeseed : 

Mode of gene escape in Rapeseed Genes of Brassica napus may be transferred out of the test area by seed or pollen, seed is capable of germinating in subsequent seasons Plants receptive to Brassica napus pollen should not be in the area, particularly Brassica oleracea , Brassica rapa should not be within area during period of flowering of transgenic crop.

Mode of gene escape in corn : 

Mode of gene escape in corn Genes of corn may escape by two ways: By pollen transfer By movement of grains Foundation seed isolation distance of 660 feet & physical impediment to this pollen movement Such as bagging or detasseling would completely eliminate the possibility of gene escape by way of pollen

Mode of gene escape in cotton : 

Mode of gene escape in cotton Genes of Gossypium hirsutum may escape: by vegetative material Physical safeguards that inhibit the movement of vegetative material from the area should be adequate to prevent gene movement by this means by pollen Pollen movement is restricted by isolation distance by seed Movement of seed from test area can be inhibited by adequate physical safegaurds

Risk for the environment by GMOs : 

Risk for the environment by GMOs Excessive increase in the no. of organisms released to the environment, and their establishment Direct but unanticipated effects on non-target species – infectivity, pathogenicity, predation on other microorganisms, plants and animals, or shifts in host range Negative influence on the interactions among species – predators, prey, hosts, symbiots , etc. Unanticipated involvement in the biogeochemical cycles – nitrogen-fixation, mineral cycling etc. Transfer of undesirable characteristics to other organisms