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Chapter 4

IT Sector: Policies and Their Impact

4.1 Introduction sector and IT Parks, a categorization of the indi-


vidual policy instruments becomes essential. For
purposes of the current study, relevant government
As in most other sectors, government policies and
policies and interventions have been grouped into
interventions have played a key role in the develop-
the following categories.
ment of the IT sector in individual economies. The
relocation of leading defense contractor Lockheed to
■ Fiscal policies that primarily represent the
the Silicon Valley in the fifties, thereby bringing in
different financial concessions and benefits
significant orders and leading to creation of a large
offered to players in the IT sector.
number of ancillary technology firms represents one
■ Policies aimed at encouraging innovation, and
of the earliest instances of government playing a
research & development, areas which have
crucial role in development of IT Parks. As has been
traditionally formed the backbone for the
discussed in the case studies of individual IT Parks,
development of certain segments of the IT
similar models have been followed by governments
sector. Some of these policies could involve
in different countries such as Korea and Singapore.
provision of financial concessions & benefits, as
The role of government has also evolved over time
in the case of fiscal policies.
depending on the level of maturity of the sector.
■ Human capital-related policies, primarily
Consequently, while government institutions/
intended to facilitate availability of requisite
organizations in many countries have played a direct
human resources, which constitute one of the
role in facilitating development of the sector in the
key enablers for development of the IT sector.
initial stages, the government has shifted to a
■ Policies impacting the investment climate of the
facilitation role once the sector has attained critical
country, which are aimed at making the
mass, with much of the subsequent growth initia-
economy attractive to domestic/international
tives being private sector led.
investors through a combination of policy
measures and instruments. Most government
The current section highlights key findings of an
policies and interventions in this category, while
assessment of the impact of government policies,
they may be tailored to meet the specific
institutional and implementation mechanisms on
requirements of a particular sector like IT, are
the development of the IT sector in general, and IT
usually targeted at meeting socio-economic
Parks in particular. In addition to direct interven-
objectives through all round economic growth.
tions in the IT sector, we have also attempted to
carry out a high level analysis of government policies
A detailed description of the key policy instruments
and interventions targeted at i) other sectors such as
in each of the above categories, together with
physical infrastructure and telecommunications,
suitable illustrations, has been presented in Figure
which usually play a key role in development of the
15 on the next page.
IT sector and ii) facilitating spillover effects from the
growth of the IT sector to drive overall socio-
economic development.
4.3 Fiscal policies
4.2 Framework for analysis China
■ Under the Policies for Encouraging the
Given the different types of government policies and Development of Software Industry And
interventions impacting the development of the IT Integrated Circuit (IC) Industry framed by the

IT Sector: Policies and Their Impact 53


Figure 15. Types of Government Policy Instruments

Broad Classification Key Policy Instruments Illustrative interventions


Fiscal Policies Direct tax concessions and waivers Income tax holidays, concessional tax rates, simplified return filing
provisions, special tax exemption
Indirect tax concessions and waivers Customs duty exemption on exports and imports, service tax conces-
sion, sales tax waivers
Subsidies, grants, incentives and Capital subsidy, subsidies on land, power & telecom tariff, interest
other financial support expenses

Innovation Policies Research and development Direct funding through strategic R&D grants & patent incentives, devel-
(R&D) support opment test bed facilities, tax break on R&D expenses
Intellectual property rights (IPR) Legislation and implementation mechanisms for protecting products,
protection copyrights and trademarks
Providing incubation facilities Support schemes for start-ups and SMEs offering plug & play facilities
and services and other incubation services.

Human Capital Policies Formulating educational policies & Making changes in curriculum based on IT sector requirements, allow-
curriculum with a focus on IT ing private investment in education with requisite quality checks
sector requirements
Supporting training & capacity Government sponsored/supported programs for developing and
building initiatives enhancing skill sets of IT work force
Facilitating employment creation Subsidies linked to job creation, policies to attract foreign experts,
and attracting talent relaxed visa regulations and labor market policies

Investment Climate Policies Simplified institutional and Declaring IT as a “priority sector” resulting in preferential treatment and
implementation framework efficient policy implementation mechanisms, single window clearance
facilities, investment facilitation services
Facilitating cross-border investments, Favorable export import policies, free trade agreements, Double Taxa-
trade in products and services tion Avoidance Agreements, permitting foreign direct investments (FDI)
with profit repatriation
Enabling development of Legislations for recognizing legal validity of digital signatures & trans-
e-Commerce/e-Government actions, responsibility of service providers, incorporating cyber crime
into existing penal provisions
Venture capital (VC)/private Government sponsored VC funds, transparent & well regulated finan-
equity market development cial services sector with special fiscal concessions/benefits for attract-
ing global VC/private equity investors
Facilitating development of Allowing competitive development of physical (roads, airports, urban
enabling infrastructure, leveraging infrastructure) and telecommunications infrastructure, flexible land use
spill over benefits policies

State Council, a maximum tax rate of 10% is computer software till 2010 and a higher rate
applicable for key software enterprises identified (60% compared to 15% for plant, machinery
by the state against the normal tax rate of 30%. and equipment) of depreciation on computers
A number of government bodies, including the and software.
Ministry of Foreign Trade and State Bureau of ■ Software Technology Parks of India (STPI), an
Taxation, decide which enterprises are eligible autonomous organization under the aegis of
for this. Ministry of Communications and Information
■ Software enterprises importing capital equip- Technology, government of India offers a
ment as well as technology (including software) number of concessions to STPI registered IT
are exempt from payment of customs duties and and BPO units like 100% import duty exemp-
import Value Added Tax (VAT). tion on capital goods imports, reimbursement of
Central Sales Tax (CST) paid on capital goods
India purchases from the Domestic Tariff Area (DTA).
■ The Income Tax Act, 1961, offers a number of ■ Many state governments have started the
incentives to IT and ITES companies, including practice of extending various financial conces-
a 100% exemption on profits from export of sions/benefits linked to the level of employment

54 International Good Practice for Establishment of Sustainable IT Parks


creation. For example, government of Andhra support to local companies through Directors
Pradesh offers a rebate of USD$450 on the land and Advisors for Technopreneurial Enterprise
cost for every job created provided at least 333 Scheme and the Enterprise Investment Incentive
jobs are created per acre of land. Scheme.
■ Given India’s federal structure, a number of
state/provincial governments also offer additional Korea
financial incentives to IT and BPO units setting ■ The Corporate Income Tax Law gives special
up operations in the region. Typical incentives breaks to the IT sector under the aegis of Tax
offered include capital investment and interest Incentive Limitation Law (TILL) for foreign
subsidies and subsidies on electricity tariff. invested companies involved in advanced
technologies. Benefits include a 100% exemption
Malaysia from corporate income tax for 7 years from the
■ Under the Income Tax Act, 1967, 70% of the first year in which profit was generated or the 5th
income from software development is exempt year of operations, whichever is earlier. For the
from tax for a period of 5 years. next three years, the income tax exemption is
■ Additional benefits are offered to companies applicable to 50% of the profits. Additionally divi-
located in designated IT Parks like the Cyberjaya dends are exempt from dividend withholding tax.
Flagship Zone. Companies in such areas are ■ The Tax Incentive Limitation Law (TILL) grants
eligible for 100% of their income being exempt exemption from custom duties, VAT, special
from tax for the first 10 years, 100% deduction excise tax to the companies set up with foreign
on approved capital expenditure incurred during investment. Such companies also get up to
the first 5 years of operation, and duty free 100% (prorated on the foreign ownership ratio)
import of multimedia equipment. exemption from the aggregate land tax for the
■ The government of Malaysia allows duty free first 5 years of operation and up to 50% for the
import of multimedia equipments to the IT subsequent 3 years
companies.
■ The government of Malaysia also offers grants A comparative summary of the fiscal policies of indi-
and subsidies to start up companies and local vidual countries has been presented below.
SMEs to meet various expenses through the
Small and Medium Industries Development
Corporation (SMIDC) of Malaysia. For
instance, 50% of the cost of business planning 4.4 Innovation policies
and feasibility studies and 50% of the cost of
upgrading production & design capabilities are China
reimbursed as grants. ■ The Policies for Encouraging the Development
of Software Industry And Integrated Circuit (IC)
Singapore Industry framed by the State Council provides
■ Under the Singapore Income Tax Act, IT incentives for software enterprises to invest in
companies with “Pioneer Status” enjoy a 100% research & development. Any amount exceeding
exemption from corporate income tax for the 3% of VAT paid on sale of software products are
first 5 to 10 years of operation. In addition, refunded to the company provided the amount
companies with export revenues in excess of is used in research & development.
20% of total revenues are eligible for tax ■ Patent Law of the People’s Republic of China
exemption on export profits. was amended in 2000 with patent right for
■ The Economic Development Board (EDB) of inventions being valid for 20 years and the
Singapore runs a number of schemes to support patent rights for utility models and designs
local IT companies like the Start-up Enterprise valid for 10 years. The Copyright Law was
Development Scheme (SEEDS). Under this revised in 2001 to include ‘computer software’
scheme EDB provides equity support to a start under the definition of ‘works’ enjoying
up company by subscribing up to 50% of its copyright, with the copyright being valid for
share capital subject to a maximum investment fifty years. The Trademark Law, revised in 2001,
of USD$300,000. EDB also provides managerial

IT Sector: Policies and Their Impact 55


Figure 16. Fiscal Policy Highlights for Different Countries

China India Malaysia Singapore Korea


Direct Tax concessions ■ Reduced income ■ Income Tax holiday ■ 100% tax exemp- ■ 100% tax exemp- ■ 100% Corpo-
& waivers tax rate of 10% on profit from tion for MSC tion for pioneer rate income tax
for key software exports Status companies status companies exemption for 7
enterprises identi- ■ Higher rate of for 10 years ■ Tax on profit from years
fied by the state depreciation ■ 100% deduction export of services ■ 100%
on computers & on capital expen- exempted exemption
software diture from dividend
■ IT Parks under the withholding
SEZ policy enjoys tax, for foreign
100% IT break for investment in
5 years, 50% tax technology
exemptions for next
five years and up
to 50% of the prof-
its ploughed back
for next 5 years

Indirect Tax concessions ■ No customs ■ Duty free imports ■ Duty-free import ■ Exemption from
& waivers duty and import by STPI units of multimedia custom duties,
VAT for software ■ CST reimbursement equipment VAT, special
companies on purchases from excise tax, for
importing capital DTA companies set
equipment includ- up with foreign
ing technology. investment

Subsidies, Grants and ■ Rebate in cost ■ 50% cost of feasi- ■ Equity support
other financial support of land by state bility studies and for start-up enter-
governments business planning prises under the
■ Subsidy for creat- to SMEs SEEDs scheme
ing >2000 jobs

states that the period of validity of a registered and development. For example, the govern-
trademark shall be 10 years. The above amend- ment of Andhra Pradesh as part of its IT Policy,
ments are in compliance with WTO’s 2005–2010, offers free space for 5 years to
Agreements on Trade-Related Aspects of companies engaged in “high-end R&D”
Intellectual Property Rights (TRIPS). together with requisite software tools. Under
Additionally the Measures for Administrative this policy, the cost of filing patents are also
Enforcement of Patent promulgated by the reimbursed to companies based in the state.
State Intellectual Property Office of China in ■ The Indian Copyright Act, 1957 was amended
2001 aims at effectively resolving patent in 1994 to include computer programs under
infringement and other related disputes. the definition of “literary work” and any
■ China has a network of incubation centers which infringement of such copyrights was made a
are usually set up in partnership between the penal offence. The amended Copyright Act is
municipal/local government and domestic based on the Agreement on Trade Related
venture capital investors. Almost all IT Parks Aspects of Intellectual Property Rights (TRIPS)
have incubation facilities for start up/early stage and provides for a Copyright Tribunal and a
companies. copyright protection period of 60 years.
■ STPI, under the Ministry of Communications
India and Information Technology, provides incuba-
■ Given India’s federal structure, a number of tion facilities in each of its 49 centers spread
state/provincial governments offer IT compa- across the country, with plug & play facilities,
nies additional incentives linked to research shared services support.

56 International Good Practice for Establishment of Sustainable IT Parks


Malaysia ■ EDB runs an island wide network of incubation
■ The Ministry of Science & Technology centers named “Hub of Technopreneurs”
Industries (MoSTI) operates a number of (HOTSpots), which provide workspace and
schemes to promote innovation among local IT services like shared administrative resources,
companies. Schemes like the Industry Research assistance in fund-raising and marketing, and
and Development Grant Scheme (IGS), MSC general mentoring and guidance. The National
Research and Development Grant Scheme Science & Technology Board acts as an advisory
(MGS) and Demonstrator Applications Grant board to companies operating from these
Scheme (DAGS) offer up to 70% subsidy on incubation centers.
R&D project costs. The Commercialization of
R&D Fund (CRDF) has also been set up to Korea
support commercialization of R&D products ■ The Korean Tax laws permit up to 7% of the
from market survey to product launch. investments incurred in R&D and man-power
■ The Copyright Act, 1987 was amended in 1999 development as tax deductible expenses. Up to
to include computer programs under the 50% of the income from technology transfer by
definition of “literary work” and any infringe- the patent holder is also exempt from income
ment of such copyrights was made a penal tax.
offence. The amended Copyright Act is based on ■ The Korean government provides matching
the Agreement on Trade Related Aspects of grants to original investments by foreign
Intellectual Property Rights (TRIPS) and companies in R&D centers in the country
provides for a Copyright Tribunal and a copy- through special support funds set up for the
right protection period of 50 years. purpose. Ministry of Information &
■ The Techno-preneur Development Flagship Communication and Ministry of Science &
(TDF) program was initiated to support local Technology supervise and operate similar funds
entrepreneurs through various incubation to provide financial support for R&D pro-
services. The National Incubation Network grams.
(NIN) under this program includes a country- ■ In 2000, the Copyright Act, the Computer
wide network of incubation centers for start-ups Program Protection Act, and the Trademark act
and early stage companies. have been amended to comply with the TRIPs
agreement. In addition, a Standing Inspection
Singapore Team (SIT) has been set up under the Ministry
■ Under the Income Tax Act a number of tax of Culture & Tourism and Ministry of
incentives related to R&D are offered like Information & Communication, to work with
double deduction of all expenses related to R&D Ministry of Justice to intervene on various IPR
and exemption of withholding tax of royalty or infringements
technical fees paid to non residents. ■ The Small & Medium Business Administration
■ The Economic Development Board (EDB) of (SMBA) provides a single-point support
Singapore, through a number of schemes like the mechanism to the Small & Medium Enterprises
Innovation Commercialization Scheme (ICS), in areas such as human resources, marketing,
Innovation Development Scheme (IDS) and and innovation. SMBA also supports organiza-
Technology Capability Upgrading Scheme, tions like the Korean Business Incubation
offers grants to support R&D activities. Under Association set up by incubators and incubation
the Research Incentive Scheme for Companies tenants to support and facilitate technical
(RISC), EDB reimburses cost incurred on commercialization and marketing activities of
training, investment in equipment and profes- incubators and incubation tenants. Almost all IT
sional services related to R&D projects through Parks have incubation facilities which are usually
grants. supported by the provincial/local Government
■ The Copyright Act was amended in 1999 to and academic institutions for start up/early stage
harmonize it with key provisions under TRIPS. companies.
The amended Act provides for a 70 year
protection for copyrights and setting up of a A comparative summary of the innovation policies
Copyright Tribunal to adjudicate IPR violations. of individual countries has been presented below.

IT Sector: Policies and Their Impact 57


Figure 17. Innovation Policy Highlights for Different Countries

China India Malaysia Singapore Korea


Research and ■ Any amount ■ Free space, soft- ■ Up to 70% cost ■ 200% deduction ■ Special R&D
development support exceeding 3% ware tools& patent of R&D projects on R&D expenses promotion funds
of VAT paid on cost reimbursement reimbursed under ■ R&D grants under ■ Tax credit for
sale of software for high end R&D IGS, MGS and RISC, ICS, IDS expenditure &
products to be re- companies at state DAGS schemes investment in
funded provided level ■ CRDF to support R&D facilities
it is used for R&D ■ 100% IT deduction R&D investments ■ Tax exemption
on capital expendi- from technology
ture with respect to transfer income
scientific research

Intellectual property ■ Patent Law and ■ Amended Indian ■ Amended Malay- ■ Copyright Act in ■ Amendments to
rights protection Copyright & Copyright Act in sian Copyright line with TRIPS Copyright Act,
Trademark Laws conformity with Act in line with Computer Pro-
revised in line TRIPS TRIPS gram Protection
with TRIPS. Act & Trademark
act in line with
TRIPS
Providing incubation ■ Almost all IT Parks ■ Government run ■ National Incuba- ■ EDB runs 7 HOT-
facilities & services have incuba- country-wide tor Network Spots incubation ■ Small & Medium
tion facilities incubation centers (NIN) under the centers, with Business Admin-
supported by under STPI TDF program management sup- istration along
provincial/local sponsored by port from NSTB with KoBIA
Government & Government provides SME &
academic institu- start-up support
tions

4.5 Human Capital Policies India


■ Education is a concurrent subject in India, with
China both the central (federal) and state (provincial)
■ The Law on Science and Technology Progress exercising control. Consequently, a number of
(1993) and Law on Popularization of Science state governments have initiated changes like
and Technology (2002) enacted by Ministry of compulsory introduction of English at primary
Science and Technology encourage enterprises to level with a focus on emerging BPO sector
cooperate with research & development trends, setting up specialized units under the
institutes to increase their capabilities. The education department for tracking emerging
government has included in its policy the trends in the IT sector and planning changes in
responsibility of school and educational institu- the curriculum.
tions to make science and technology education ■ A number of state (provincial) governments also
an essential part of the curriculum to popularize support training & development initiatives with
the same among students and teenagers. a focus on meeting the manpower requirements
■ The government has recently allowed entry of of the IT sector. For example, the government of
foreign players into higher education on a case by Andhra Pradesh has set up Jawahar Knowledge
case basis. For example, the Indian IT training Centers in all 23 districts of the state with the
company NIIT is in the process of setting up a support of industry associations and corporate
network of centers for providing training in entities to impart focused technical and soft
programming & spoken English to graduates. skills to engineering graduates with a focus on
■ Chinese visa regulations are fairly simple and the IT sector. The government of Karnataka runs
allow long term multiple entries from most of 220 training centers all over the state with the
the countries based on valid letters of invite from curriculum focused on different types and levels
business partners in China. of IT and BPO skills.

58 International Good Practice for Establishment of Sustainable IT Parks


■ Visa regulations in India have been simplified for international universities have their campuses in
facilitating easy movement of professionals from Singapore. The education curriculum at school
other countries. India has also entered into a and graduation level have been adapted to suit
number of bilateral agreements with countries technology based industry. For instance com-
like Singapore (a Comprehensive Economic puter education has been made compulsory in
Cooperation Agreement was entered in 2005) schools. As are result a huge pool of English
for easy mobility of professionals between the speaking IT resources is available in Singapore.
two countries. ■ The Ministry of Education (MoE) in partnership
with IDA runs a number of training programs
Malaysia like Infocomm Training Framework (ITF) to
■ The 2nd National Science & Technology Policy train different segments of the population and
identifies development of human resources Critical Information Resource Program
capacity & capability as a key thrust area for (CITREP) to train IT professionals in latest
science & technology (S&T) development. A industry skills.
number of specific measures have been suggested ■ Singapore has a policy for enabling easy entry for
in terms of achieving a specific proportion of skilled foreigners through its Employment Pass/
students pursuing S&T courses to those Center Pass schemes. Foreign entrepreneurs
pursuing other streams at the upper secondary wanting to promote businesses in Singapore
level, including setting up a post-graduate S&T need to apply for “EntrePass”, an employment
research university, introduction of financial Pass for foreigners. The application procedures
incentives for students pursuing S&T, expanding are quite simple. A successful applicant can
the operations of the S&T Human Resource register the new business on the basis of this
Development Fund, making academic curricula pass. In addition to easy visa procedures, the
more hands-on & innovation oriented, and country has entered into bilateral agreements
strengthening mechanisms for allowing industry (typically referred to as Comprehensive
to contribute to curricula development. Economic Cooperation Agreements) with a
■ Different training programs and institutes offer number of countries for facilitating easy
training programs to improve the available skill movement of professionals.
sets in line with industry requirements. For
example, the MSC K-Workers’ Development Korea
Institute was set up by the Ministry of Education ■ The Korean government developed the ‘Basic
with the mandate of matching the demand and Framework for National Human Resource
supply of knowledge workers. The government, Development 2001’ for creation of a knowledge
under the 2nd S&T Policy, has initiated measures based society. The government has also imple-
for strengthening the existing system of certifica- mented plans like ‘Adapting ICT into Education
tion of technical personnel & classification of Master Plan-I, 1997–2001’ and ‘Adapting ICT
skills, expanding the operations of the Skills into Education Master Plan-II, 2001–2005,’
Development Fund to finance industry training which focus on fully utilizing & integrating ICT
programs, allow joint management of the fund by into the National Curriculum in elementary and
the private sector and leveraging existing facilities secondary school education. The government has
at industrial training & other institutes. also adopted ‘the e-Campus VISION 2007’ to
■ In addition to these, the government has taken encourage the use of ICT in university education
up a number of initiatives like relaxed visa and research.
regime to facilitate mobility of resources. MDeC ■ Both government and private sector organiza-
is empowered by government of Malaysia to tions offer certification programs in the field of
approve applications by companies to employ information and communication technologies.
foreign nationals. The national certification system, implemented
under the National Skills Certificate law is
Singapore administered by the Ministry of Information and
■ Over the years Singapore has developed an open Communication and Human Resources
education policy inviting foreign universities to Development Service of Korea, under the
set up campuses in Singapore. Currently 15 Ministry of Labor. Currently there are more than

IT Sector: Policies and Their Impact 59


Figure 18. Human Capital Policy Highlights for Different Countries

China India Malaysia Singapore Korea


IT focused ■ Specific laws on ■ Private sector ■ 2nd S&T policy ■ Computer educa- ■ IT literacy drive
educational policies popularization participation focuses on making tion at school through ’10 mil-
& curriculum of and ensuring ■ Compulsory Eng- curricula more in- level lion informatiza-
progress of science lish from primary novation oriented, ■ Existence of a tion program’
and technology level in many states involvement of large number of ■ eCampus
■ Entry of foreign private sector in international/for- Vision 2007
players in higher setting curricula eign universities for encouraging
education on a use of ICT in
case to case basis universities
■ Operations of Skills
Training & capacity ■ R&D institutes ■ IT focused training Development Fund ■ ITF, CITREP run by ■ Specialized
building initiatives based in Beijing centers supported augmented under IDA and Educa- organizations
are encouraged to by various state 2nd S&T policy to tion Ministry such a NCA,
run schools/train- Governments support industry IITA, and ETRI,
ing institutes jointly training programs, for promoting
with colleges, leveraging existing R&D in high
universities and industrial training technology
scientific research facilities
institutes qualified ■ MSC K-Workers’
for training post- Development
graduates Institute set up by
Finance Ministry

Facilitating ■ Simplified visa ■ Employment linked ■ MDeC empow- ■ Simplified visa ■ Simplified visa
employment creation regulations financial incentives ered to approve regulations regulations
and attracting talent ■ Simplified Visa visa/work permit ■ Entrepass for
regulations applications foreigners setting
up business

100 IT related certificates issued by industry illiterates, and the disadvantaged like the deaf
associations or corporate groups. The govern- and the blind.
ment from time to time recognizes certificates ■ South Korean visa regulations are fairly simple
issued by these private institutions as national and allow five year multiple entries from most of
certificates. Currently over a million people have the countries based on valid letters of invite from
been trained & certified under these schemes. business partners in the country.
■ The government has over time created a strong
network of support institutions to promote A comparative summary of the human capital
research on e-learning, develop information policies of individual countries has been presented
related to education and research like the Bureau below.
of Educational Information & Technology
(1996) under Ministry of Education and Korea
Education and Research Information Services
(KERIS,1999) 4.6 Investment Climate Policies
■ In 2000 the ‘10 Million Informatization
Program’ was launched by the government of China
Korea as an initiative to bridge the digital divide. ■ The Ministry of Information Industry is
In the same year the National Center for responsible for formulating and administering
Lifelong Learning was set up under the aegis of policies for the development of China’s IT and
Lifelong Learning Act (March 2000) to carry out telecommunications sector at the Federal level.
research, collect information, and provide At the local government level, the provincial/
training to instructors and administrators on municipal governments play a key role in areas
ICT education with a focus on senior citizens,

60 International Good Practice for Establishment of Sustainable IT Parks


such as overseeing development of the IT sector ■ The DoIT has promulgated various legislations
& IT parks in their respective regions and such as the Information Technology Act, 2000,
managing local level venture capital funds. and the Semiconductor Integrated Circuits
■ The country promulgated the Electronic Layout Design Act, 2000 as part of its initiatives
Signature Law in April, 2005, for establishing to create a supportive legal framework for
legal validity of electronic signatures and development of e-commerce in the country. It
institutionalizing the process of issue and has also initiated the National e-Governance
certification of digital signatures. program (NeGP) for adoption of IT to bring
■ The role of private sector/foreign players in IT about improvements in citizen service delivery
sector development is evident from the both in the Central Government as well as
Memorandum of Understanding (MoU) entered individual states. Most of the large IT companies
into between the State Development & Planning have benefited through significant additional
Commission of China with Microsoft business by participating in NeGP.
Corporation of USA in 2002. This is an all ■ The state (provincial) governments also offer
encompassing MoU under which Microsoft will additional benefits & concessions through their
assist China in facilitating development of the respective Departments of Information
IT sector besides committing investments of Technology/nodal agencies. Many states have
USD$750 million over a three year period. declared the IT & BPO sector as “essential
■ China has three main stock markets viz. services” to provide additional operational
Hongkong, Shanhai & Shenzen Stock Exchange flexibilities to companies in these sectors.
with 1164 ,837 and 569 companies listed in the ■ India has a developed and well-regulated
respective stock exchanges. The Hang Seng is the financial services sector, including liquid and
leading index for shares traded on the Hong vibrant capital markets in the form of Bombay
Kong Stock Exchange. Started in 1969, the Stock Exchange and the National Stock
index consists of the 33 largest companies that Exchange. There are a large number of interna-
trade on the exchange. tional & domestic financial services players such
■ In 2005, 44,019 foreign-invested enterprises as commercial banks, financial institutions,
were newly set up in China, with a estimated investment banks, venture capital & private
investment value of USD$72.406 billion In equity funds, stock brokers, and foreign institu-
China FDI is allowed in a number of sectors tional investors. A number of international
including retail, software and electronics. Many venture capital/private equity funds such as the
foreign players are present in the IT sector Carlyle Group, the Blackstone Group, and
including Motorola, Samsung, Langchao, and General Atlantic Private Equity operate in the
LG. (Source: www.fdi.gov.cn). country, in addition to domestic players like
■ China is a signatory to a Treaty for the ICIC and Kotak Bank. To encourage venture
Prevention of Double Taxation with over 65 capitalists to invest in India, dividend income
countries all over the world. Among them are and long term capital gains from investments in
major IT markets like USA, UK, France, a VC undertaking are exempted from tax. The
Germany, and Japan. Securities and Exchange Board of India, the
regulatory body for Indian capital markets in its
India Guidelines for Venture Capital has laid down the
■ At the central (federal) government level, the regulations governing venture capital funds in
Department of Information Technology India on listing and inviting public subscription
(DoIT), Ministry of Communication & for enterprises funded by VCs.
Information Technology, government of India is ■ While the country lags behind in key ICT
responsible for formulating specific policies and indicators, large cities have access to world class
promoting the Indian IT sector. It has formu- telecommunication infrastructure. Significant
lated and administers a number of schemes like competition exists in most of the sectors (roads,
STPI, Electronic Hardware Technology Park airports, telecommunications), which usually
(EHTP), Export Promotion Capital Goods play key supportive roles in IT sector develop-
Scheme(EPCG) for providing various ment, with both government and private sector
incentives & concessions to IT companies. players being present.

IT Sector: Policies and Their Impact 61


■ India has double taxation avoidance agreements in partnership with private sector has invested
(DTAA) with various developed and developing heavily in building a high speed network (10
countries such as the U.S., the UK, France, Gbps) that connects MSC with Japan, ASEAN,
Germany, China, Brazil, Malaysia, and South Europe, and the U.S.
Africa.
■ While there are FDI restrictions for some of the Singapore
sectors like retail, which usually are key benefi- ■ In Singapore, IT was identified as a core sector
ciaries of IT sector spill over effects, 100% FDI as early as 1980 when the first five year
is permitted in other sectors like real estate. With “National Computerization Plan” (NCP) was
land use being a state (provincial) government formulated. The industry has been awarded
subject, most of the state governments have “Pioneer Status”. In addition to a number of
allowed a combination of business, residential special financial incentives it enjoys privileges
and commercial end use as far as IT Parks are like simplified compliance procedures.
concerned, to enable maximization of spillover Infocomm Development Authority of Singapore
benefits. (IDA), a statutory board of the Singapore
government under the Ministry of Information,
Malaysia Communications and Arts was formed in
■ Malaysian Industrial Development Authority December 1999 to promote and develop
(MIDA), the government’s principal agency for Singapore’s vibrant IT industry. The Singapore
promotion and coordination of industrial Economic Development Board (EDB) acts as a
development in Malaysia offers a number of nodal agency for administration of financial &
fiscal benefits for ICT companies. IT companies other incentives across all industry sectors.
engaged in software development are eligible to ■ Since 1965, Singapore has entered into a
be granted “Pioneer Status”. Further to facilitate number of DTAAs with countries including
investment in IT parks, Multimedia Australia, Canada, China, France, Germany, and
Development Corporation (MDeC) was set up India. Over the years, Singapore has signed free
to act as a single window clearance agency for trade agreements with countries like USA, Japan,
prospective investors in MSC. India, Korea, Europe and others aiming to make
■ The international trade policy of Malaysia is Singapore a services hub.
designed to increase exports. Malaysia is part of ■ In 1998, the Electronic Transactions Act (ETA)
the ASEAN Free Trade Area (AFTA), established and Computer Misuse (Amendment) Bill were
in 1992 to reduce/eliminate tariffs on intra- enacted to provide a legal foundation for
ASEAN trade. Malaysian External Trade electronic signatures and to prevent potential
Development Corporation (MATRADE) was set abuses of computer systems.
up in 1993 to act as a nodal agency for local ■ In April 2000, government of Singapore
exporters and foreign importers. The country has removed restrictions on telecom licenses to intro-
also executed DTAAs with 52 countries includ- duce full competition in the telecom sector.
ing Japan, Korea, Germany, France, and the UK. ■ The Singapore Stock Exchange (SGX) was formed
■ The Malaysian Communications and in 1999, is the Asia-Pacific’s first demutualized
Multimedia Commission (MCMC) was created and integrated securities and derivatives exchange.
in 1998 to regulate the ICT industry. SGX is at the forefront of exchanges globally in
Communications and Multimedia Act, Digital attracting international issuers and is rapidly
signature Act and Computer Crimes Act were emerging as Asia’s offshore risk management
promulgated in late 90s to ensure security and center for international derivatives.
legality of electronic transactions.
■ The government has embarked on a drive to Korea
create robust infrastructure suitable for IT ■ Government focus and emphasis on ICT is
industry. With the privatization of the govern- evident from the number of white papers and
ment telecommunications department in 1987 vision documents formulated by Ministry of
and the formation of the National Information & Communication like ‘White
Telecommunications Policy (NTP) in 1994 the Paper: Internet Korea 2005’, ‘Broadband IT
market is now fully liberalized. The government Korea Vision 2007’, ‘IT839 Strategy 2004’,

62 International Good Practice for Establishment of Sustainable IT Parks


‘Dynamic Digital Korea, White Paper 2004’, ‘e- regional taxes, free lease of land in Foreign
Korea Vision, 2006,’ which envision Korea as Investment Zones and a negotiated Cash Grant
the world leader in IT. to select companies.
■ Korean government has enacted various IT ■ Korea has DTAA with more than 60 countries
specific legislations like ‘Act on Promotion of including India, China, Germany, and Russia.
Information & Communication Network
Utilization and Information Protection 2001’, A comparative summary of the Investment climate
‘Act on the Protection of Information policies of individual countries has been presented
Infrastructure 2001’, ‘Electronic Signature Act in Figure 19.
1999’, and ‘Protection of Communications
Secrets Act 1993’ to promote IT sector. The
government has entered into agreements with 4.7 Key Findings
countries like China and Japan for enhancing
information security. The Korean government As is evident from the analysis of the regulatory and
is implementing ‘Five-year Development Plan policy regime in different countries, most countries
for Information Security Technology 2001– have followed a consistent approach in terms of the
2005’ and ‘Mid & Long-term Basic Plan for different types of policy interventions for the
Information Security 2003–2007’ for the development of the IT sector. However, the level of
development of information security tech- direct government involvement varies across
nologies. individual economies, with some governments
■ The government has extended nurturing support adopting a facilitative approach while others have
to eight technology based services, three crucial opted for direct interventions. For example, while
infrastructures and nine new business growth the government of India has primarily depended on
engines under its ‘IT839 strategy 2004’ to ensure private sector venture capital/private equity invest-
growth of the Korean IT industry. ments, China has opted for government-sponsored
■ Large amount of public funds has been infused venture capital funds. In the current section, we
by government to create a domestic venture capi- have attempted to identify key trends in policy
tal market. Prominent examples of government development which appear to have an impact on the
venture capital funds include ‘Small and performance of the IT sector. The six case studies
Medium Business Fund(SMBF)’ (which has also brings forth a number of policy initiatives
initiatives like ‘Dasan Venture’ and ‘Limited which facilitated the growth of IT sector in general
partnership funds’), ‘The technology Credit and IT Parks in particular. In this section, we also
Guarantee Fund,’ and special funds such as ‘The provide illustrations of such policy enablers.
Informationalisation Promotion Fund’ and ‘The
Science and Technology fund’. The government Adopting a holistic approach to policy
has provided further support in form of legisla-
tion allowing venture investments by banks, development is key
providing tax incentives to VCs, and creation of As development of the IT sector and IT Parks is
KOSDAQ for high technology start-ups. dependent on a number of other sectors like telecom-
■ The Korean Stock exchange has a total number munications, roads, airports, venture capital/private
of 729 listed companies as of November 2006. equity, capital markets, most successful countries
The main tracking index is the Korean have put in place suitable policies for improving
Composite Stock Price Index. The procedure for efficiencies and service levels in these sectors. Thus,
buying stock on the Korean market is compli- countries like Singapore were one of the earliest to
cated, especially for foreigners. An investor who put in place requisite policies for facilitating competi-
intends to trade securities on the KSE market tion and private sector participation in telecommuni-
must open an account with a KSE member cations and infrastructure and ensuring effective
securities firm because only KSE member firms regulation and development of the financial services
have direct access to the KSE market. sector, including capital markets. Even India, which
■ The government provides incentives for advance is categorized as a developing country, has a policy
technology FDI in the form of exemption/reduc- regime which supports private sector participation
tion of national taxes, exemption/reduction of and competition in most of the supporting sectors, in

IT Sector: Policies and Their Impact 63


Figure 19. Investment Climate Policy Highlights for Different Countries

China India Malaysia Singapore Korea


Simplified institutional ■ Ministry of Informa- ■ Department of Infor- ■ MDeC acts as a ■ IT regarded as a ■ Focused initia-
and implementation tion Industry as the mation Technology one stop agency “Pioneer Status” tives like ‘Cyber
framework policy making & for policy making for investors in industry. Korea 21 initia-
administrative agen- & administering MSC. ■ The 1st 5 year tive’ & ‘IT Korea
cy, with supportive benefits ■ Software develop- NCP formulated vision 2007’ to
role from provincial ■ Central Govern- ment a “Pioneer as early as 1980 develop a world
Governments ment schemes like Status” industry ■ IDA formed in leader in ICT
■ MoU between STPI for single 1999
government and window services
Microsoft ■ IT considered
essential services in
many states

Facilitating cross ■ 100% FDI allowed ■ 100% FDI in IT & ■ MATRADE set up in ■ 100% FDI in IT & ■ FTAs with USA,
border trade and in IT & BPO compa- BPO companies, 1993 under MITI BPO companies, Japan, India,
investments nies, IT Parks IT Parks ■ Tax treaties with IT Parks Korea, Europe
■ DTAAs with around ■ DTAAs with devel- Japan, Korea, and others
65 countries oped and develop- Germany, France, ■ DTAAs with
ing countries UK, etc. more than 60
■ 100% FDI in IT & countries
BPO companies, ■ DTAA with over
IT Parks 60 countries

Enabling ■ Electronic Signature ■ Formation of Cyber ■ Communications ■ Computer Misuse ■ Electronic


e-Commerce Law passed in Appellate Tribunal & Multimedia Act, Act and Electronic Signature Act
2005 ■ Digital certification Digital Signature Transaction Act enacted in
under IT Act, 2000 Act and Computer enacted in 1998 1999, Protection
Crimes Act enacted of Information
in late 90’s Infrastructure
Act 2001.

Access to Venture ■ Recent interest from ■ Presence of ■ Dedicated Venture ■ Financial hub of
Capital global VC funds established global Capital funds Asia with global ■ Govt. backed
■ Government sup- VC funds like MSCVC and VC funds VC funds
ported existing VC ■ No tax on income TPMVF ■ No tax on income ■ Tax concessions
funds at provincial/ from a VC under- from divestment to VC funds
IT Park level taking of share by a VC
fund

Enabling ■ Competitive ■ National Telecom ■ National Telecom ■ Telecommunica- ■ IT839 strategy


Infrastructure telecom market with Policy, 1999 Policy passed in tion market liberal- for overall devel-
development dominance of state opened up telecom- 1994 ized in 2000 opment
owned players munication market ■ PPP for infrastructure ■ PPP for infrastruc-
■ Public private to private players development ture development
partnership (PPP) for ■ PPP for infrastructure
physical infrastruc- development
ture development

addition to a well regulated and vibrant financial proper institutional mechanisms is integral to
services sector. On the other hand, countries like effective implementation. Most of the countries
China are yet to achieve the same level of maturity in have attempted to achieve this by constituting nodal
their financial services sector and hence have to organizations within government for providing
depend on government-sponsored venture capital “single window services.” For example, most of the
funds for supporting IT sector development. incentives offered to the IT Sector and IT Parks in
Malaysia are administered through the Multimedia
Efficient institutional and Development Corporation. In India, most of the
implementation mechanisms are critical benefits and concessions are on offer through the
While most countries have adopted regulations in Software Technology Parks of India, which has its
line with established good practice, establishing the offices throughout the country.

64 International Good Practice for Establishment of Sustainable IT Parks


The developer of an IT Park requires various Encouraging private sector
clearances for constructing buildings and related
participation is critical
facilities in the park. Such clearances include
Almost all countries have adopted a variety of policy
building plan sanctioning, fire services clearances,
mechanisms for encouraging private sector invest-
sewerage & drainage clearances, and environmental
ment not only in the IT sector but in developing
related clearances. A one-stop clearance agency helps
“support” sectors such as financial services, telecom-
the developer to get these IT Park related clearances
munications, and physical infrastructure develop-
faster, which helps them reduce time and thus
ment. Other than a few niche areas like specific
enables reduction in project cost. For example, in
research & development initiatives where govern-
Hyderabad, APIIC acts as the single point clearance
ment organizations have played a direct role, the
agency for building and related construction of
government’s role in most countries has been that of
Hitec Park. Developers have significantly gained
a facilitator. While in some countries, this represents
from this arrangement.
a conscious decision on the part of the government,
in others it has also been driven to an extent by
Intellectual property protection policies represent existing budgetary/fiscal constraints.
another case in point. While most of the countries
like China and India have amended their Copyright
Many of the parks studied were developed through
Acts in line with TRIPS and have also set up
public-private partnership. Such policies have
dedicated Copyright Tribunals for adjudication,
benefited both the private sector as well as govern-
litigants have the option of approaching the existing
ment. For example, in case of Cyber Towers,
judicial system as a final recourse. With the existing
Hyderabad, government contributed by providing
legal system in both these countries being considered
land and the private player was responsible for
relatively less efficient, value added intellectual
developing the land and construction of the
property related IT activities such as new technology
building. Acquiring vast plots of continuous land
development have taken a backseat compared to
would have been very difficult and time consuming
other countries like Singapore and Korea, which have
for the private sector. With the government
a faster process and a more streamlined judiciary.
acquiring land through legislative means, the private
sector developers ensured that the related facilities
Focused policies for IT Park were constructed in a record time of 18 months.
development are critical for
“developing” ICT economies Flexible land-use policies providing
Leveraging IT Parks for IT sector development the developers more choice
becomes critical in economies like China and India, Flexible land use polices permits the developer to
which lag behind developed countries in key ICT bundle IT office space construction with construc-
indicators. With development of the IT sector being tion of other facilities such as shopping complex,
closely linked with hotels, eateries, and housing complex. Such bundling
“support” sectors like telecommunications, physical makes the project financially more attractive given
infrastructure, it is easier to provide these support that the returns from the commercial/residential end
services in geographically concentrated zones/areas. use are typically higher. For example, in CFZ,
Consequently, many of these countries have adopted Malaysia 500 hectares of land has been zoned as
policies for encouraging development of IT Parks. commercial use. In Hitec City, Hyderabad, 40% of
An example of such a policy would the Information the net developable/usable area can be used for
Technology Special Economic Zone (SEZ) policy in housing, club house, recreational center, shopping
India, which offers a number of fiscal/other benefits center, a school and other support activities.
to companies located in approved IT Parks. On the
other hand, countries like Singapore, where the Linking incentives/subsidies with
requisite support in terms of best in class telecom-
identified strengths/core competencies
munication and physical infrastructure is available
throughout the country, have adopted policy regimes of domestic companies
applicable to all companies in the IT sector, as In developing countries like India and Malaysia, most
against companies located in a designated IT Park. IT and ITES companies are export oriented with the
major markets being the U.S. and Europe. It may be

IT Sector: Policies and Their Impact 65


observed that governments in these countries offer a flexible land use, encouraging private sector
number of fiscal incentives on export income/profit. investments in these sectors for faster development,
On the other hand in countries like Singapore where and motivating IT sector participation in capital
the target market segment for most IT companies is markets. Thus, while India provides additional
hi-technology, research intensive products, the flexibilities to IT & BPO companies for listing on
subsidies and incentives offered by government premium stock exchanges in terms of a lower paid
agencies are linked to R&D spending. Adopting the up share capital viz. a viz. companies in other
fiscal policies to suit the strengths and markets of sectors, almost all the IT Parks covered in the
indigenous companies is an effective policy measure study allow mixed land use with a specified
to promote the domestic industry. proportion of the total land area earmarked for
business end use, commercial end use and residen-
Effective coordination with other tial purposes. It is essential for incorporating such
ministries/departments flexibilities to existing policies or promulgating
It is important to understand that the presence of new policies with these flexibilities to maximize
good policies alone do not suffice, it is equally economic development.
important that these policies get efficiently
implemented. For proper implementation of Fostering efficient linkages with other
policies it is important that there is effective co- economies is essential
ordination between various government ministries, All successful countries are observed to have policy
agencies and departments. Different countries have and regulatory regimes which encourage trade and
taken different strategies in to enable such co- investment linkages with other economies. Such
ordination. In developed countries like Singapore, linkages are usually facilitated through a variety of
proper co-ordination between various departments policy instruments including liberal foreign direct
and ministries administrating the subsidies & investment (FDI) guidelines, non-restrictive visa/
incentives has been ensured through efficient e- work permit procedures, unrestricted trade in goods
Governance systems. In the developing countries and services, and double taxation avoidance
like India and Malaysia, a dedicated government agreements. However, the level of maturity of the
agency has been created to administer the subsidies individual policies vary from country to country,
and incentives. For example, in Andhra Pradesh, with countries like Singapore adopting a relatively
India incentives are administered through a high lower duty structure for imports across sectors, while
level co-ordination committee called Consultative others like India offer a concessional duty structure
Committee on IT Industry which includes for all capital goods imports specifically for the IT
members from various government departments ( sector.
Information Technology & Communication, Labor
Department, Municipal Affairs Department, Land There are additional flexibilities for
Department), utilities (electricity, water supply) policy formulation in a federal
and industry associations (HYSEA, NASSCOM ).
structure of government
This committee is responsible for granting various
In countries like China, India, and Korea which
provincial/state subsidies, resolving implementation
follow a federated structure with both Central
issues and prescribing guidelines for industry
(Federal) and State (Provincial/local) governments,
growth.
regional governments have attempted to differenti-
ate themselves by providing additional benefits/
Having the right policy mix is essential concessions to IT/IT Park companies. For example,
for maximizing spill over benefits in India, a number of state governments offer
As has been established through the IT Park case additional flexibilities/benefits including subsidies
studies, successful development of an IT Park on capital investments & interest payments and
inevitably leads to significant spillover benefits in offering discounted land prices linked to employ-
terms of other economic activities such as real ment generation. In Korea too, much of the
estate development, vibrant retail, and hospitality policymaking has gradually shifted from the federal
and financial services sectors. Many governments to the provincial governments. Such initiatives have
have attempted to maximize these spillover benefits led to differential development of the IT sector in
through a suit of policies including allowing

66 International Good Practice for Establishment of Sustainable IT Parks


different geographic regions within the same form the basis for formulation of specific policy
country, with individual local governments attempt- initiatives. Given that implementation of the IT
ing to differentiate themselves through additional strategy is crucial to the economic growth, specially
benefits/concessions and investor friendly imple- for developing countries, some policy initiatives may
mentation mechanisms. have short term implications like attracting IT
players to the country while other policies have long
For countries aspiring to offer offshore term implications like ensuring sustainability of the
BPO services, formulation of a Data IT sector. Policies that can be implemented in the
short term result in an immediate beneficial impact
Protection Act is a necessity for the sector or “quick wins”. The impact of policies
In view of the recent breaches in security in various
typically aimed at sustaining the sector are seen over
BPO organizations, enactment of a data protection
the long & medium term like for a non-English
law has become a necessity. This has gained further
speaking country to ensure English speaking IT
importance with the data protection directive issued
skilled manpower for the IT sector may take 5–10
by the EU (Directive/95/46/EC on the ‘protection
years to be effective after implementing the policy
of individuals with regard to the processing of
initiatives through the school system. Quick wins,
personal data and on the free movement of such
although being far from comprehensive solutions in
data’), which constitutes one of the biggest market
themselves, act as building blocks to a sustainable IT
for providing offshore BPO services. Based on this
sector development.
directive, UK has already enacted its ‘Data
Protection Act’. The EU directive and enactment of Short-term policies
Data Protection laws by member countries imply Some of the key priority short term policies are
that only countries having data protection laws in highlighted below:
line with the EU directives will be favored for off-
shoring BPO services from EU member countries. Provide fiscal incentives to encourage
Some countries that are trying to emerge as offshore
private sector participation
BPO destinations have already formulated policies
Government needs to provide fiscal incentives in
addressing this issue. For example, Department of
order to encourage private sector participation in the
Trade and Industry, Republic of Philippines has
IT industry. These incentives could be in form of tax
issued ‘Guidelines for the Protection of Personal
exemptions, for example in India, IT and ITES
Data in Information and Communications System
companies are provided with 100% exemption on
in the Private Sector’. The guidelines also provides
profits from export of computer software till 2010.
for an independent third party namely, Data
They could also cover areas such as customs benefits,
Protection Certifier, duly accredited by the govern-
subsidies for employment generation, and equity
ment, to certify the privacy program of a company
support for start-ups.
and thereafter to monitor and oversee its implemen-
tation and enforcement.
However, it is also critical that governments not just
focus on providing such incentives to the IT
companies, but also to ‘support’ sectors like physical
4.8 Policy Prioritization infrastructure development like transportation,
telecommunications, and real estate players. For
example, the government of Singapore removed
It is evident from the above that a number of policy
restrictions on telecom licenses to introduce and
interventions need to be undertaken by govern-
encourage full competition in the telecom sector.
ments to develop the country’s IT sector. The
Similarly, in India, the National Telecom Policy of
government’s role in facilitating the growth of the
1999 opened up the telecommunications sector to
IT sector is primarily through developing holistic IT
private players. As a result, a number of private
strategies linked to the core competencies of the
sector telecom operators started operations, resulting
particular country such as innovation through
in immediate improvement in the country’s
Research & Development activities and low cost
communication infrastructure and customer service
skilled manpower. The country’s IT sector growth
delivery on account of competition.
strategy would require policy enablers which would

IT Sector: Policies and Their Impact 67


Establish an effective implementation objectives of such body would be to maintain close
interactions with the government in formulating the
mechanism – Single window nodal
national policy and specific action plans for
agency development of the IT industry. The body’s mandate
Effective implementation of the incentive policies is may also include coordinating with foreign govern-
one of the most important parameters that attracts ments and embassies to make the Visa and Work
the private sector to invest. The establishment of Permit Rules more industry friendly; interacting
proper institutional mechanisms are integral to with the Education Ministry, Universities on current
effective implementation, with most governments industry’s skill & future skill requirements for
preferring setting up ‘single window/one-stop ensuring necessary changes in curriculum; and
services’. Such nodal agency provide a one stop campaigning & generating awareness against
servicing facility for developers of IT Parks as well as software piracy and copyright laws.
the occupants/residents of such parks. An example
of such single window/one-stop service nodal agency Such an organization also offers valuable services to
in an IT Park is Multimedia Development its member organization in terms of encouraging
Corporation in CFZ, Malaysia, which is the single them to improve quality of service, adopt modern
point of contact for park occupants for obtaining technologies and provide innovative solutions
requisite government approvals and facilitating through organizing regular interactions/IT sector
business linkages with the government. seminars/meets. The existence of such an organiza-
Create a coordinating committee which fosters tion also provides valuable linkages between
linkages with various government ministries, entrepreneurs, investors, organizations and individu-
departments, and agencies als desiring to connect with and mutually leverage
It has been observed that developing/constructing an complementary skills, services, resources, contacts
IT Park requires the involvement/clearances from and talents within the country. This also provides an
various government ministries/departments/agencies. ideal forum for overseas and domestic companies to
It would be beneficial if a coordinating body explore the vast potential available for Joint
comprising members from various government Ventures, Strategic Alliances, Marketing Alliances,
departments (Information Technology & Joint Product Development, etc. An example of
Communication, Labor Department, Municipal such an Industry Body is NASSCOM in India. Box
Affairs Department, Land Department) and utilities 6 provides a brief description of Nasscom.
(electricity, water supply) be formed so that the
process of approving an IT Park developers’ plans, Design flexible land use policies for
acquisition of land, issues relating to utilities & attracting private real estate players
supporting infrastructure can be undertaken. Such an Flexible land use policies are required to attract
empowered coordinating committee will ensure a fast private sector real estate players to invest in develop-
track clearance and approval process. An example of ment of IT Parks, as such policies can ensure higher
such a committee is the “Consultative Committee on returns on investments for the Park developer. Such
IT Industry” in Andhra Pradesh which is empowered policies typically allow mixed land-use i.e. allow
in areas such as granting various provincial/state residential and commercial land-use along with
subsidies and resolving implementation issues. industrial land-use. Other means of providing
incentives to developers include allowing a higher
Promote/Facilitate creation of floor space ratio. The Floor Area Ratio (FAR) or Floor
an industry body specifically for Space Index (FSI) is the ratio of the total floor area of
buildings on a certain location to the size of the land
promoting and developing of IT sector of that location. By allowing a greater FSI, govern-
Steps should be undertaken by the government to
ment enables the private investor to create more space
facilitate/promote the creation of an Industry body
which can be rented out/sold to occupants and thus
for the IT sector, which could represent the indus-
enables them to realize higher revenues.
try’s interests in issues like government procurement,
information security, workforce development, Long-term policies
intellectual property protection and accounting, Besides the above-mentioned short term policies
finance and taxation, and act as a bridge between that can be implemented on a priority basis to kick-
industry and policy makers. One of the main start the IT sector development, governments would

68 International Good Practice for Establishment of Sustainable IT Parks


also need to consider implementing policies having providing fiscal incentives are removed after a
long term implications for ensuring sustainability of specified timeframe, the continued development of
the IT sector. These include educational reforms to the sector can be ensured. Long-term policies should
attract private sector in education; foster linkages be aligned to the core competencies of the country.
with other markets like the capital market to attract For example, if a country’s IT strategy is to focus on
private funding, introducing Corporate Governance encouraging IT software development to leverage its
norms so that even if some short term measures like low-cost educated manpower base, the government

Box 6. National Association of Software and Service Companies


(NASSCOM)
NASSCOM is the chamber of commerce for the IT software & services industry in India having over 1100 members, of which over
250 are global companies from the US, UK, EU, Japan, and China. NASSCOM was set up to facilitate business and trade in
software and services and to encourage advancement of research in software technology.

NASSCOM’s vision is to establish India as the 21st century’s software powerhouse and position the country as the global sourcing
hub for software and services. NASSCOM is committed to work proactively to encourage its members to adopt world class manage-
ment practices, build & uphold highest quality standards and become globally competitive. The primary objective of NASSCOM is to
act as a catalyst for the growth of the software driven IT industry in India. Other goals include facilitation of trade and business in soft-
ware and services, encouragement and advancement of research, propagation of education and employment, enabling the growth
of the Indian economy through the development of the IT sector and providing compelling business benefits to global economies
leveraging global sourcing. Nasscom is engaged in a number of activities for developing the IT sector of India which includes:

Fostering Partnership with the Government


NASSCOM has representatives in various committees in the government of India, including the Ministry of Information Technology,
Ministry of Commerce, the Ministry of Finance, Department of Telecommunication, Ministry of Human Resources Development, Min-
istry of Labor, and the Ministry of External Affairs. NASSCOM also acts as a consulting body for various state governments in India.

NASSCOM has played a key role in enabling the government in India to develop industry friendly policies. NASSCOM has been
a proponent of free trade, arguing for zero tariff protection, strong intellectual property and data protection laws, deregulation of the
telecom market and the creation of software technology parks and private sector participation in the education system—measures
which have already resulted in significant growth of the industry. NASSCOM has also been interacting with several foreign govern-
ments to promote a win-win partnership through global sourcing to India. NASSCOM also plays a role in representing IT Industry
interests in issues relating to global alliances on software quality standards, immigration policies, WTO and free trade in services
and next-generation good practice in global sourcing of services.

Global Partnerships
NASSCOM plays an active role in the international software community. NASSCOM is a member of the Asian Oceanian Comput-
ing Industry Organization (ASOCIO) comprising representatives from 20 countries encompassing over 10,000 companies of the
region. NASSCOM is also a founder member of the World Information Technology and Services Alliances (WITSA). This forum
comprises ICT associations from around 70 countries.

Undertaking Research and Thought Leadership


NASSCOM undertakes research on the ICT industry in India and the world in order to continuously educate its members on new
business opportunities, business practices in global markets, potential threats to industry growth and attract additional investments in
India.

Encouraging improvement in Quality of Products and Services


NASSCOM strongly believes in encouraging its members to provide global quality products and services. The association provides
assistance to its members in achieving international quality certifications by organizing seminars and related programs on quality
standards and disseminating relevant information.

Intellectual Property Rights


NASSCOM is an ardent supporter of strong intellectual property laws in India. In 1990, NASSCOM began an active public
awareness campaign to educate users about the lawful use of software and launched the country’s first anti-piracy hotline and India’s
first anti-piracy toll-free hotline. NASSCOM has also successfully facilitated enforcement laws against software piracy in India and
helped introduce Cyber Laws. NASSCOM continuously engages with the government of India for required changes in the IPR laws,
keeping in line with WIPO and other International Laws and treaties. NASSCOM also works closely with the Business Software
Alliance (BSA) to enforce copyright laws.

NASSCOM provides its members with various forums for making business connections and sharing good practice, for example,
ITES-BPO Forum, Emerging Companies Forum, Product & Innovation Forum, Quality Forum, Security Forum, IT Workforce Develop-
ment Program, IT Domestic Market Forum, NASSCOM Engineering Services Forum.

continue on next page

IT Sector: Policies and Their Impact 69


Box 6. National Association of Software and Service Companies
(NASSCOM) continued
Within Nasscom, there are specific groups or forums which deal with specific IT industry segment or issues. Some of them include:

BPO Forum: The NASSCOM’s ITES-BPO Forum is focused on addressing the specific needs of the ITES- BPO industry and build the
India brand in ITES-BPO. The ITES-BPO Forum has now been active for the past four years and conducts a series of activities at a
national and regional level involving industry players, government and the academia. In its ongoing efforts to maintain the cutting
edge advantage and facilitate the build up of skilled manpower, NASSCOM has instituted various initiatives like BPO certification
Program, creation of National Skills Registry for IT Professionals database and conducting executive development programs.

Emerging Companies Forum: Emerging companies form a significant percentage of the Indian software and services industry and
the forum aims to draw strategies to explore the huge growth opportunity that exists in this segment. The forum also serves as a
platform for the emerging companies segment to share experiences, ally on critical projects and even focuses on partnerships to
cater to customer demands.

Engineering Services Forum: This forum was created in 2005 with the objective to help India-based engineering service providers
optimally exploit the potential for engineering services offshoring/outsourcing (ESO) and help India achieve global dominance in
this space. Recently this forum has released a study titled Nasscom- BAH study on the Globalization of engineering services, first
ever detailed assessment of the global engineering services market. Further, this forum is focusing on (i) Creating greater awareness
about India’s relatively lesser known strengths in the ESO domain, (ii) Strengthening links with the domestic manufacturing indus-
try—which has strong linkages and spill-over effects on ESO, (iii) Working with the academia to enhance the talent pool for ESO
and (iv) Working with the government to ensure a favorable business policy and regulatory environment.

Providing a Forum for Innovation: The objective of this initiative is to promote the Innovative IT ideas and identify innovative compa-
nies in India. In the year 2004–05, NASSCOM ran a series of events across India, wherein Innovative companies made presenta-
tions to an expert panel. The six finalists from these presentations were then invited to present at the NASSCOM 2005 event at
Mumbai. During 2005–06, NASSCOM would continue with this initiative of identifying and showcasing innovative companies
and also organize series of events and roundtable sessions on building innovation across the organization.

IT Workforce Development Group: The Workforce Development initiative was created to catalyze IT industry interface with the
Academia to ensure availability of globally employable quality IT professionals. The group is responsible for arranging a number of
industry-academia workshops and seminars to discuss the current issues and design probable solutions.

Product Forum: The NASSCOM Product Forum aims to provide relevant industry information, exchange of ideas and identify issues
related to marketing, branding, investments for products developed in India including. The forum also addresses issues relating to IP
(Intellectual Property) creation and protection. The objectives of this forum are (i) Improve the base quality of software products built
by Indian ISVs (ii) Improve credibility for “Made in India” software in local and global markets by establishing enterprise credibility
with a certification program and aid in building a robust local software ecosystem (iii) Establish comfort for CIOs on local ISV solu-
tions as they may suspect the quality of products from unknown vendors and hence prefer expensive global brands and (iv) Increase
domestic demand for ISV solutions by establishing credibility with a third party industry certification.

Quality Forum: NASSCOM has recently launched this forum to discuss and promote various issues related to Quality. The key
objective of the forum is to provide India with next generation leadership in the Quality space.

Trusted Sourcing: NASSCOM actively promotes India as a Trusted Sourcing destination and has been playing a proactive role in
ensuring that the Indian Information Security environment benchmarks with the best across the globe. Through a 4 E initiative: En-
gagement, Education, Enactment and Enforcement, the NASSCOM Security Forum aims to create an enabling environment in the
country for information security and compliance. NASSCOM has also formed a National Advisory Board on Information Security &
Compliance. The main functions of the board include laying down security standards which include identification of amendments,
liaising with the Ministry of IT to obtain buy-in from government, perform security audits & certification for members and run aware-
ness programs with respect to security issues.

Domestic Market Forum: The Domestic Market Forum is being set up to further build the domestic market. The Indian user industries
are outsourcing parts or entire IT infrastructure to specialized vendors. Recognizing the growing importance of the domestic market
and the increased specialization which is the requirement of the user organizations, NASSCOM is forming the Domestic Market
Forum which will serve as the platform or a link of the non IT sector with the IT industry.

Source: As discussed with Col. S.V. Ramachandran, Regional Director Nasscom & Nasscom Annual Reports

would need to improve the legal system to protect relating to intellectual property, and the implemen-
and promote proprietary knowledge as this is often a tation of such laws would be critical to gaining
company’s main business asset. As such, laws investor confidence.

70 International Good Practice for Establishment of Sustainable IT Parks

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