| 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) | Write a note on ‘voting under the WTO agreement’. |
| (b) | Explain the subsidies which are considered ‘benign’ and are not objected to under the Agreements on Subsidies and Counter-veiling Measures (ASCM). |
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| (c) | “The WTO’s formal structure allows it to balance transactional efficiency with transparency and equity, and this makes it the best international organisation for the job.” Comment. |
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| (d) | “The dispute settlement under the WTO is decidedly superior to that of GATT.” Comment. | |
| (e) | Explain the objectives of SAARC. | |
| (4 marks each) | ||
| 2. | (a) | What are ‘de minimis margins’ and ‘price undertakings’ which necessitate the suspension or termination of anti-dumping investigations ? |
| (b) | Can dumping margins have retrospective effect and, if so, under what circumstances ? | |
| (c) | What is ‘non-injurious price’ and ‘injury margin’ ? | |
| (d) | What is the difference between ‘anti-dumping duty’ and ‘normal customs duty’ ? Is the anti-dumping duty over and above the normal customs duty chargeable on the import of an item ? |
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| (4 marks each) | ||
| 3. | (a) | ‘Dominance’ is not per se bad but it is abuse thereof, which is to be frowned upon under the Competition Act, 2002. Elucidate with reference to the meaning of ‘dominance’ and also give five situations which are deemed to be abuse of dominant position. |
| (6 marks) | ||
| (b) | The Monopolies and Restrictive Trade Practices Act, 1969 is limited in its sweep and does not contain provisions to deal with anti-competitive practices that may accompany the operation and implementation of WTO agreements. Comment. |
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| (6 marks) | ||
| (c) | Discuss in what ways the Competition Act, 2002 is distinct from the Monopolies and Restrictive Trade Practices Act, 1969. |
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| (4 marks) | ||
| 4. | (a) | Independently created design that are new or original are protected. Explain in brief the law and procedure governing industrial design in India. |
| (4 marks) | ||
| (b) | What is the relationship between the TRIPs agreement and the pre-existing international conventions that it refers to ? |
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| (4 marks) | ||
| (c) | How would you distinguish between ‘geographical indications’ and ‘trade marks’ ? | |
| (4 marks) | ||
| P.T.O |
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337 |
| (d) | U.S. Patent No.5900240 was granted recently to Cromak Research Inc. based in New Jersey. The assignees are two non-resident Indians –– Onkar S Tomer and Kripanath Borah, and their colleague Peter Gloniski. The use of Bitter Gourd (Karela), Black Berry (Jamun) and Brinjal (Baingan) for control of diabetes is everyday knowledge and practice in India. Their use in the treatment of diabetes is documented in authoritative treatises like the ‘Wealth of India’, ‘Compendium of Indian Medicinal Plants’ and ‘Treatise on Indian Medicinal Plants’. Discuss on what grounds can this patent be challenged. |
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| (4 marks) | ||
| 5. | (a) | Describe the pre-conditions for an Indian entity to be permitted to make direct investment outside India. |
| (6 marks) | ||
| (b) | Explain the principle of national treatment under Article III of the GATT, 1994. The Government of India levies an additional duty of customs on imported articles to counter balance the sales tax payable on domestically sold goods. How far is this in conformity with national treatment ? |
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| (6 marks) | ||
| (c) | Does a party to any dispute has right to retaliate by suspending trade concessions of the other party even before initiating dispute settlement proceedings in the WTO ? Discuss. |
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| (4 marks) | ||
| 6. | (a) | How are the supply of services categorised under the General Agreement on Trade in Services (GATS) ? Discuss presence or movement of natural persons. |
| (6 marks) | ||
| (b) | Explain the provisions of the foreign trade policy for import of second hand goods/waste scrap/seconds/rags. |
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| (4 marks) | ||
| (c) | What are ‘prohibited subsidies’ ? Give two examples. | |
| (3 marks) | ||
| (d) | Discuss the provisions in ASCM relating to special treatment for developing countries in respect of prohibited subsidies. |
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| (3 marks) | ||
| 7. | (a) | Adept drafting of the foreign collaboration agreements minimises conflicting issues. State the factors that need to be incorporated in such agreements. |
| (6 marks) | ||
| (b) | What are the ‘non-tariff barriers’ (NTBs) ? List any four NTBs. | |
| (4 marks) | ||
| (c) | Write a short note on the ‘UNCITRAL model law on electronic commerce’. | |
| (3 marks) | ||
| (d) | What are the essential elements of an arbitration agreement ? | |
| (3 marks) | ||
| 8. | (a) | ‘Synergy’ is the aim and intent of joint ventures (JVs). Describe any two modes of JVs. |
| (4 marks) | ||
| (b) | What are ‘special economic zones’ (SEZs) and what are the entitlements of SEZ developer ? |
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| (4 marks) | ||
| (c) | Write a short note on the ‘exclusive marketing rights’ (EMRs). | |
| (4 marks) | ||
| (d) | Mention the areas of economic co-operation between the ASEAN and India. | |
| (4 marks) | ||
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