CS Final :: World Trade Organisation-International Trade, Joint Ventures & Foreign Collaboration : December 2003

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.

1.	(a)	Discuss the conditions under which economic gains can be achieved by deviating from free trade.
(4 marks)
	(b)	“Enough safeguards are available under WTO to protect domestic industry from dumping injury.” Comment.
(4 marks)
	(c)	What are the various factors required to be considered while determining whether or not an agreement is anti-competitive ?
(4 marks)
	(d)	“The WTO prohibits all forms of subsidies.” Discuss with reasons.
(4 marks)
	(e)	“The modern concept of arbitration has greatly changed.” Comment.
(4 marks)
2.	(a)	Show, how the dispute settlement mechanism under WTO is superior to that of GATT.
(6 marks)
	(b)	Under what conditions an Indian entity can invest in a wholly-owned subsidiary or a joint venture abroad using the automatic route ?
(6 marks)
	(c)	Show, how the alternate dispute resolutions can be superior to the judicial process.
(4 marks)
	(d)	“TRIPS agreement provides enough flexibility to countries to enact their own ‘intellectual property rights’ laws.” Comment.
(4 marks)
3.	(a)	“Mercantilism advocates a highly interventionist government trade policy, while the free trade requires the opposite.” State, giving reasons in brief, whether the above statement is correct or incorrect.
(6 marks)
	(b)	“The concept of nullifications or impairment of benefits is central to dispute settlement under WTO.” Discuss.
(6 marks)
	(c)	“Anti-dumping laws are inherently unfair.” Examine the correctness of the statement.
(4 marks)
4.	(a)	“Patents are society’s contract with the inventors.” Discuss.
	(b)	As a company secretary of a medium-scale manufacturing organisation, you have been asked by one of the scientists to help him in applying for a patent for his inventions. Advise him on the following:

2/2003/WTOITJVFC

P.T.O

( 2 )

337

(i)	Under what statutory provisions and conditions will you apply for the patent?

(4 marks)

(ii)	What information will you seek from the inventor and what test will you apply to decide the maintainability of the application ?

(6 marks)

(a)

How can the affected domestic industry prove that dumping has taken place and the injury has been caused ?

(5 marks)

(b)

What are the subsidies and countervailing measures taken by governments where dumping has taken place?

(6 marks)

(c)

Can preferential market access within regional trade agreements be decided on a case by case basis for different industry sectors ? Do industry sectors participate in the decision making process ?

(5 marks)

(a)

“Competition has long been acknowledged as an important tool to bring about economic development and growth. ” Does this statement hold true in the current context of opening up of Indian economy?

(5 marks)

(b)

State the procedure for conduct of arbitral proceedings as laid down by the United Nations Commission on International Trade Law (UNCITRAL).

(6 marks)

(c)

“A global trading system cannot succeed unless it is truly global.” Comment on the statement with reference to WTO.

(5 marks)

(a)

You are a manufacturing company in India and are in the process of finalising a collaboration agreement with an American company. types of restrictive practices will you watch out for not to include in the collaboration agreement ?

(7 marks)

(b)

Discuss the formation and structure of ASEAN.

(4 marks)

(c)

State the salient features of current EXIM Policy (2002-07).

(5 marks)

(a)

“WTO regime will widen the gap between the developed and developing countries.” Discuss.

(8 marks)

(b)

Write short notes on any two of the following :

(i)	Most Favored Nation (MFN)
(ii)	Software Technology Park (STP)
(iii)	Geographic Indication.

(4 marks each)

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