US Looks to Agro and Animal Products in India

Minister of Commerce and Industry of India Ms. Nirmala Sitharaman and U.S. Trade Representative Ambassador Michael Froman met in Delhi on October 20, 2016, for the tenth ministerial-level meeting of the India and United States Trade Policy Forum (TPF).

Minister Sitharaman and Ambassador Froman noted each other’s requests and agreed to follow up on exploring the possibility of enhanced market access on identified agricultural products. Both sides welcomed India’s increased shipments of mangoes and pomegranates to the United States in 2016.The United States agreed to a timely review of the information submitted by export of grapes from India. Subsequent to the receipt of additional information from the United States, India agreed for a timely review of the request for export of U.S. cherries and alfalfa hay. The United States also agreed to further collaboration to facilitate Indian rice and honey exports. India acknowledged the receipt of the U.S. proposal on Certificate for Pork Exports to India and Form 9060-5 recently submitted and agreed for a quick examination of the request. Discussion of mandatory package size requirements for pre-packaged foods for some items in India will continue in 2017.

The United States and India discussed regulation relating to end-use information for boric acid, imported and domestic, used for non-insecticidal purposes. Both sides agreed to discuss U.S. concerns regarding market access for dairy products. U.S. concerns on GM and licensing issues were noted by India.

E-Commerce

The importance of e-commerce, retail and direct selling in facilitating trade in goods was acknowledged by both sides. India noted that 100 percent foreign direct investment (FDI) is now permitted in the marketplace model of e-commerce as well as in the distribution of food products produced in India, including through e-commerce. To ensure that e-commerce companies can take full advantage of this market opening, India noted the continuous efforts for facilitating investment in e-commerce. Ambassador Froman welcomed the publication of the “Advisory to State Governments/Union Territories on Model Guidelines on Direct Selling”. The United States encouraged India to consider relaxing local sourcing requirements in single brand retail trade. India mentioned recent FDI reforms providing relaxation in local sourcing norms in specific cases.

Both sides agreed to explore mechanisms through technical discussions to address market access issues and trade costs for pharmaceutical products and medical devices in a manner that benefits patients and provides healthcare services and products.

IPR

Ambassador Froman welcomed DIPP’s new role in copyright administration. Minister Sitharaman reiterated the importance of the Copyright Board and expressed hope that it would be functional by the second quarter of 2017. Both countries voiced concern about the unauthorized recording, including camcording, of films in cinemas and copyright piracy on websites. India highlighted positive reforms relating to anti-camcording measures proposed in forthcoming amendments to the existing Indian Cinematograph Act. Both sides noted proactive steps initiated at the Indian state level to combat piracy.

The Ministers also commended the trade secrets workshop convened with government officials, academics, legal experts and representatives from U.S. and Indian industry in Delhi in 2016 that facilitated the exchange of information and best practices on trade secrets protection in both countries. The United States highlighted the May 2016 ratification of the Defend Trade Secrets Act in the United States, which, along with the Economic Espionage Act, provide federal causes of action for both civil and criminal enforcement against trade secrets misappropriation. India noted that it protects trade secrets through a common law approach. Ambassador Froman and Minister Sitharaman were appreciative of the full exchange of views by participants and the identification of next steps in this regard. They reiterated their commitment to strong protection of trade secrets in their respective countries and to continue engagement on effective trade secret protection mechanisms. A toolkit would be prepared for industry, especially SMEs, to highlight applicable laws and policies that may enable them to protect their trade secrets in India. A training module for judicial academies on trade secrets may also be considered. A further study on various legal approaches to protection of trade secrets will also be undertaken by India.

With respect to computer-related inventions (CRI), Minister Sitharaman noted that India has set up a Committee to re-examine the guidelines on examination of CRI patent applications, and expressed hope that a final decision would be taken soon in this regard consistent with Indian law.

Ministers reaffirmed their commitment to exchange information on standards, Conformity Assessment procedures and the Common Criteria Recognition Arrangement (CCRA) in the electronics sector.

India and the United States also agreed to continue their dialogue on conformity assessment based on international standard systems across various sectors by respective regulators.