India is looking to build stronger economic relationships with its existing trade partners. The negotiations on some of the agreements with these trade partners has progressed recently. Further, the government is keen to promote India’s market potential and diverse opportunities which are available for different countries to do business with the country. A change in the FDI policy for the space sector was approved. Further, there is no proposal to create any separate right so ram end the law in the context of AI-generated content.
ASEAN-India Trade in Goods Agreement – The 3rd meeting of AITIGA Joint Committee for undertaking the review of ASEAN-India Trade in Goods Agreement (AITIGA) was hosted by India in New Delhi from 16-19 February 2024. The AITIGA was signed in 2009. In September 2022, both sides tasked the AITIGA Joint Committee to undertake the review with the aim of making the Agreement more trade facilitative and mutually beneficial. A total of eight Sub-committees have been constituted under the AITIGA Joint Committee for undertaking negotiations on different policy areas related to the Agreement. The first two meetings of the Joint Committee were held in May and August 2023 (reported by Asia Law Portal here).
The Joint Committee in its 3rd meeting held detailed discussions and took stock of the progress in the negotiations. The Sub-Committees reported the progress and outcome of their discussions related to market access, Rules of Origin and Standards, technical regulations and conformity assessment procedures to the Joint Committee. Following the intense discussions, the Joint Committee outlined the focus areas for further deliberations and updated the work programme for the review while providing necessary guidance to the Sub-committees to carry forward the negotiations.
India-ASEAN trade has grown to USD 131.58 Bn in 2022-23. The review of AITIGA will facilitate further expansion of trade between India and ASEAN in a balanced and sustainable manner.Both sides are aiming to conclude the review in 2025.
India Free Trade Agreements – Commerce and Industry Minister Piyush Goyal recently said India negotiates trade and investment agreements with fairness and open mind and takes care of interest of people. He also said countries that are negotiating Free Trade Agreements (FTAs) and investment pacts with India should keep in mind that New Delhi offers huge market to them in terms of demand and business opportunities. FTAs, or Bilateral Investment Treaties (BITs), or agreements on geographical indications, will have to stand the test of fair, equitable, and balance agreements as the level of economic developments varies, he said. “We will have to respect the very different opportunities that are offered by India vis-a-vis the offer on the table from other countries,” he said, adding that India is one of the fastest growing economies of the world. The young population, demand for goods and services, opens up huge opportunities for businesses across the globe, the minister added. The remarks assume significance as India is negotiating such agreements with countries such as the UK, Oman, and the European Union.
FDI policy on Space Sector – The Indian Space Policy 2023 was notified as an overarching, composite and dynamic framework to implement the vision for unlocking India’s potential in space sector through enhanced private participation. As per the existing Foreign Direct Investment (FDI) policy, FDI is permitted in establishment and operation of satellites through the Government approval route only. In line with the vision and strategy under the Indian Space Policy 2023, the Union Cabinet has eased the FDI policy on space sector by prescribing liberalized FDI thresholds for various sub-sectors/activities. Under the amended FDI policy, 100% FDI is allowed in space sector. The liberalized entry routes under the amended policy are aimed to attract potential investors to invest in Indian companies in space. The entry route for the various activities under the amended policy are as follows:
- Upto 74% under Automatic route: Satellites-Manufacturing & Operation, Satellite Data Products and Ground Segment & User Segment. Beyond 74% these activities are under government route.
- Upto 49% under Automatic route: Launch Vehicles and associated systems or subsystems, Creation of Spaceports for launching and receiving Spacecraft. Beyond 49% these activities are under government route.
- Upto 100% under Automatic route: Manufacturing of components and systems/ sub-systems for satellites, ground segment and user segment.
Existing IPR regime and AI – India, being a member of all major international conventions and agreements for the protection of Intellectual Property Rights grants adequate protection of rights for works created by legal persons through Copyright Law and protects inventions through the Patent system. Therefore, there is no requirement to create a separate category of rights for AI and related innovations in the Indian IPR Regime. Therefore, while Artificial Intelligence (AI) and related innovations is an evolving stream of technology the current legal framework under the Patent and Copyright Act is well-equipped to protect Artificial Intelligence generated works and related innovations. Presently, there is no proposal to create any separate right so ram end the law in the context of AI-generated content.
The exclusive economic rights of a copyright owner such as the right of reproduction, translation, adaptation etc. granted by the Copyright Act, 1957 obligates the user of Generative AI to obtain permission to use their works for commercial purposes if such use is not covered under the fair dealing exceptions provided under Section 52 of the Copyright Act. Since Intellectual property rights are private rights, these are enforced by the individual rights holders. Adequate and effective civil measures and criminal remedies are prescribed under the Copyright Law against any act of infringement or unauthorized use of works, including digital circumvention.
This information has been provided by the Union Minister of State for Commerce and Industry, Mr. Som Parkash in a written reply in the Rajya Sabha recently.
