AMERICA’S CURVE-BALL TO DEVELOPING COUNTRIES: Analysing the US WTO Challenge against Indian Export Subsidies

Meera Manoj, Intern at Cyril Amarchand Mangaldas – Advocates & Solicitors.

Recently, the United States (“US”) issued an unprecedented challenge at the World Trade Organisation (“WTO”) against almost every export subsidy scheme maintained by India for violating the 1994 Agreement on Subsidies and Countervailing Measures (“ASCM”).[1]

After consultations between the US and India failed on 11th April, 2018, the WTO has initiated the process for setting up a Panel.[2] If successful, the challenge could wipe out $7 billion worth of Indian benefits just annually.[3] However, its true significance lies in the global scope of its consequences. It would have a domino effect to invalidate or shorten the period of export subsidies for twenty-two developing countries, and consequently stymie their economic growth.[4] Continue reading

Competition Law & Intellectual Property Rights Interface

Nidhi Singh. Economics for Competition Law student at King’s College London – Practising Advocate with the Supreme Court of India

Introduction

Competition law and Intellectual Property law may at first appear to have different scope. However, the increasing number of cases involving Competition law and Intellectual Property Rights (IPR) matters proves otherwise. Specifically, the case-law of the Competition Commission of India (CCI) illustrates that the scope of these two disciplines may at times overlap and their aims collide.

In the following lines, I will discuss whether, and to what extent, a conflict may arise between Competition law and IPR. To this aim, I will sketch the Indian Competition law provisions regulating the exercise of IPR. Reference will then be made to Indian case-law regarding the jurisdictional issues arising from the overlap between Competition law and IPR. I will conclude by arguing that Competition law and IPR are not so irreconcilable as it may appear at first, and some balance can – and needs to – be found between these two disciplines.

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Call for Papers

The KSLR Commercial & Financial Law Blog, part of the King’s Student Law Review, welcomes submissions on all current/topical issues of commercial and financial law.

Topics of interest include, but are not limited to:

  1. US, tariffs and trade war.
  2. The UK property market: where is it heading, and rather, where should it be heading?
  3. NHS after Brexit: What does a commercially viable future look like?
  4. The impact of Blockchain on financial regulation;
  5. UNCITRAL Group III works. What future for ISDS?

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