Sie sind auf Seite 1von 10

The DIS-Advantage of Foreign direct Investment (FDI) occur mostly in case of matters related to Operation, Distribution of the profits

made on the investment and the personnel. Indirect DISAdvantage is that the economically backward section of the host country is always in convenience when the stream of foreign direct investment is negatively affected. It has been observed that the Defense of a country has faced risks as a result of the FDI in the country, where the host country has some sort of national secret-something that is not meant to be disclosed to the rest of the world At times, certain foreign policies are adopted that are not appreciated by the workers of the recipient country. FDI may entail high travel and communications expenses. High possibility that a company may lose out on its ownership to an overseas company. FDI has less control over the functioning of the company that is functioning wholly owned subsidiary of an overseas company. FDI can have adverse effects on the balance of payments of a country. The situations in countries like IRELAND, SINGAPORE, CHILE and CHINA corroborate such an opinion. It is normally the responsibility of the host country to limit the extent of impact that may be made by the FDI. They should be making sure that the entities that are making FDI in their country adhere to the environmental, governance and social regulations that have been laid down in the country.

1. Desiring to reduce distortions and impediments to international trade, and taking into account the need to promote effective and adequate protection of intellectual property rights, and to ensure that measures and procedures to enforce intellectual property rights do not themselves become barriers to legitimate trade.
TYPES OF INTELECTUAL PROPERTY RIGHTS:

COPYRIGHTS:Authorship of authentic creative works in the domain of Drama, Music and Literature is protected by this exclusive right. Under this, the author reserves the right to determine the person who is going to be ascribed to the work, perform it and be financially benefited from the same. However, facts, methods of operation, unexpressed ideas, system, etc. are not protected through copyright. In general terms, copyright is enforced as a civil case except in few where it is treated as a criminal infringement statute. 1. INDIAN COPYRIGHT ACT (), 1957:- This act facilitates the reuse and reproduction of the copyrighted items, preparation of derivative, publicity of the work and distribution of its copies by the user.

PATENTS:Originating from the Latin patere, Patent is the term applied to the exclusionary rights to the inventor authorized by the Government or any other such body for a specific time period. This refer to all those rights that are bestowed to a creator or an inventor to protect his invention, discovery, process, composition or any new useful development, etc. two persons are bestowed with a patent licence separately if they applied for it jointly. A Patent is issued for a period of 20 years from the date of filling the application and the period varies from nation to nation for which they are called territorial. Patents can be sold, mortgaged, licensed and transferred to a third member or a party. Successful enactment of the patent laws is the task of patent offices.

TRADEMARK:Trademark is symbolized as the , , and , is a sign which is mainly used for signifying some sort of services and goods and is specifically used by an individual or by business organizations for identifying the source or their services and products among customers and making their products or services distinctive from the other entities. Trademark signifies to the word, name, phrase, image, logo, symbol, design or amalgamation of any or all these. The trademark grants authority to the owner who can commence legal proceedings in case of violation of trademark. However, registration in trademark is not compulsory. Informally, term trademark is used to distinguish those attributes which assists in identifying any individual.

TRADE SECRETS:Trade secret signifies the secret formula or the key point which is kept confidential from the business rivals with an intention to get an extra advantage in the respective trade and hence enjoy some extra economic gain. A trade secret may be a chemical formula, a manufacturing process, a design, a preserving material or anything which can play a role in giving an extra edge to the holder. The definition of trade secret varies from jurisdiction but there are some common points like: 1. It is not made public. 2. It facilitates some extra financial edge to the holders. 3. The holder always puts some effort in maintaining secrecy. 4. The information or the data is always important to him and even to his rivals.

UTILITY MODEL:A Utility Model is a part of intellectual property right which enables the inventor to protect the right of his inventions. It is also described by some people as statutory monopoly which is given to the inventor for a particular period of time with the condition that he must provide sufficient teachings to some other persons so that he can develop the skill of performing the art of that particular invention. It is included to the legislation of many countries like Brazil, Philippines, China, Chile, Argentina Finland, France, Taiwan and so on. This somewhat similar to the patent law, but in some ways it is different from them.

GEOGRAPHICAL INDICATIONS:Geographical Indication (GI) represents the name or sign that are used in connection to the products that are related to the particular geographical area or to a region, town or a nation. Acting as a certification mark, GI grants rights to the holder and also indicate that specific product possesses certain qualities and enjoys a good reputation for it is obtained from particular geographical location. According to Intellectual Property Rights (TRIPs) Agreement, Geographical indications rights are considered as exclusionary rights for those who identify the origin of goods within member nation territories, region or an area of the territory, where merchandise repute or attributes is directly related to its place of origin.

INDUSTRIAL DESIGN RIGHTS:Industrial Design Rights refer to the exclusive rights for the protection of the objects visual designs. Appearance, design of objects such as furniture, spare parts, textile, etc. are safeguarded by means of this right. The applicant has to file the application for the industrial design rights with WIPO. As soon as the application is filed, the designs come under the protection shield in member nations that the treaty comprises of. Indias design law is governed by the following acts in the current scenario: 1. Designs Act, 2000. 2. Designs Rules, 2001.

EXPORT IMPORT PROCEDURES AND DOCUMENTATION 1.


(A) INDIAN INSTITUTE OF FOREIGN TRADE (IIFT):Indian Institute of Foreign Trade was set-up in 1963 by the Government of India as an autonomous body registered under the Societies Registration Act. It was set up with the prime objective of professionalizing the countrys foreign trade management and increase exports by developing human resources, generating, analyzing and disseminating data and conducting research. VARIOUS FUNCTIONS OF IIFT:-

Training:The IIFT has been recognized as a centre of excellence for imparting training and education in international business. Its specialization in intentional business and a global outlook makes it unique among management schools in the country. It offers an inspiring learning environment, which transforms the bright young students into talented creative professionals.

Collect and Supplies Information:IIFT conducts, market studies, surveys and finds out demand for Indian products in the overseas markets. it supplies this information to the exporters. The exporters can use such information while making their export marketing decisions.

Organises, Seminars and Workshops:IIFT organizes seminars and workshops in a number of export marketing areas, such as export pricing, export promotion etc. exporters can take advantage of such workshops and seminars by taking active part them.

Trade Delegations:IIFT sends delegates abroad to study overseas markets and also to interact with overseas importers. At the same time, it invites delegates from abroad, who can study Indian market conditions and can also interact with Indian importers.

Publications:A Large part of IIFTs research work is published in the form of study reports, monographs, status papers, etc. for wider dissemination among the business community, government departments and academic fields.

Research, Consultancy and Management Development Programmes:Combining a unique blend of research and consultancy, IIFT has been a pacesetter in addressing to the needs of business executives by continuously aligning the focus of its Management Development Programmes with the changing realities. IIFT has so far brought over 570 research studies and surveys. It also acts as a consulting house for solving the problems of the exporters and importers.

(B) INDIAN INSTITUTE OF PACKAGING (IIP):The Indian Institute of Packaging was set up as a national institute jointly by the Ministry of Commerce, Government of India, and the Indian Packaging Industry and allied interests in 1966, with its head quarters and principal laboratories at Mumbai and Regional laboratories at Kolkata, Delhi and Chennai. It is a Training cum research institute pertaining to packaging and testing. Over the years, it has built up a very strong and capable expertise in various fields of packaging sciencies and technologies. It has excellent infrastructural facilities, which cater to the various needs of the package manufacturing and package user industries, both with regard to the domestic distribution and export market requirements.

VARIOUS FUNCTIONS OF IIP: Training Programmes:It organizes a number of training programmes pertaining to packaging and also provides suggestions in regard to packaging.

Testing Facilities:It also undertakes testing of packaging materials and packages to ensure export quality.

UN Certification:All dangerous goods packages need a UN certification mark before they can be dispatched. IIP is the only authorized body in India to give this certification.

Environmental Cell:The institute has an environment cell, which guides exporters as to what type of material can be used or incorporated in the packaging of their products so as to reduce environment threats.

Research and Development:It undertakes research and development programmes for creating and improving overall infrastructural facilities for achieving packaging improvement so as to prevent losses during transportation.

Collection and Dissemination of Information:It collects information on various packing and packaging strategies and disseminate them to the exporter for their benefits.

International Recognition:The institute is international organizations. It is recognized by Industrial Development Organisation (UNIDO) and centre (ITC) for consultancy and training.

International Membership:It is a member of the Asian Packaging Federation (APF); the Institute of Packaging Professionals (IOPPA), USA; the Institute of Packaging (IOP), UK; Technical Association for Pulp and Paper Industry (TAPPI) and the World Packaging Organisation (WPO).

2. REGISTRATION WITH REGIONAL LICENSING AUTHORITIES:IMPORTER-EXPORTER CODE is unique 10 digit code issued by DGFT- DIRECTOR GENERAL of FOREIGN TRADE, Ministry of Commerce, Government of India to Indian companies. The Customs Authorities will not allow to import or export goods into or f rom India unless you hold a valid IMPORTER-EXPORTER CODE number (IEC).

Application for IEC Number:An application for grant for IEC number shall be made by the Registered/Head Office of the application and apply to the nearest Regional Authority of Directorate General Foreign Trade, the Registered Office in case of company and Head Office in case of others, falls in the Aayaat Niryaat Form- ANF2A and shall be accompanied by documents prescribed therein. In case of STPI/EHTP/BPT units, the regional offices of the DGFT having jurisdiction over the district in which the registered/Head office of the STPI unit is located shall issue or amend the IECs.

Documents to get IEC Code:An application should be made to a proprietor, the same may be surrendered to the Regional Office for cancellation:1. Bank receipts in duplicate/demand draft for payment of IEC code fee of Rs.1,000. 2. Certificate from banker of the applicant (in prescribed form). 3. Two copies of passport size photographs of the applicant duty attested by the banker of the applicants. 4. A copy of Permanent Account Number(PAN) issued by the Income Tax Authority, If PAN is not available a copy of the application of the PAN should be submitted. 5. If the application is signed by an authorized signatory, a copy of the letter of legal authority may be furnished. 6. If there is a NRI interest in the firm and NRI investment is to be made with repatriation benefits, full particulars thereof with photocopy of RBI approval must be submitted. If there is no repatriation benefits a simple declaration will do. 7. A declaration that the proprietors/partners/directors of the applicant firm/company, as the case may be, are not associated as proprietor/partner/director with any other firm/company which has been caution-listed by the RBI. Where the applicant is so associated with a caution-listed firm/company the IEC No. is allotted with a condition that he can export only with the prior approval of the RBI. Exporters profile should be submitted to the Regional licensing Authority who will grant an IEC number to the applicant.

Validity of IEC Code Number:An IEC number allotted to an applicant shall be valid for all its Branches/Divisions/Units/Factories as indicated on the IEC number.

Duplicate Copy of IEC Number:Where an IEC Number is lost or misplaced, the issuing authority may consider requests for grant of a duplicate copy of IEC number, if accompanied by an affidavit.

Surrender of IEC Number:If an IEC holder does not wish to operate the allotted IEC number, he may surrender the same by informing the issuing authority. On receipt of such intimation, the issuing authority shall immediately cancel the same and electronically transmit it to DGFT for onward transmission to the Customs and Regional Authorities.

Exemptions from Importer-Exporter Code Number:The following categories of Importers or Exporters are exempted from obtaining Importer-Exporter Code (IEC) number:1. Importers covered by clause 3 (1) [except sub-class (e) and (1)] and Exporters covered by clause 3(2) [except sub-class (i) and (k)] of the Foreign Trade (Exemption from Application of Rules in Certain Cases) Order, 1993. 2. Ministries/Departments of the Central or State Government. 3. Persons importing or exporting goods for personal use not connected with trade or manufacture or agriculture. 4. Persons Importing/Exporting goods from/to Nepal provided the CIF value of a single consignment does not exceed Indian Rs. 25,000. 5. Persons Importing/Exporting goods from/to Myanmar through Indo-Myanmar border areas provided the CIF value of a single consignment does not exceed Indian Rs. 25,000.