Trade Marks Act, 1999 - Use of word DISH is not generic to trade of DTH services and its part use by Doordarshan for its DD FREE DISH is not protected by section 17 : HC (See 'Legal Desk') IBC, 2016 - Pendency of criminal trial against officials of YES BANK filed by shareholder of corporate debtor is not sufficient ground to dismiss application u/s 7 - NO: NCLAT (See 'Legal Desk') Amendments in Companies Act - IBC time span hiked to 270 days; Unspent money to be transferred to National CSR Fund (See 'Corpbrief') GST - Fake Invoices - Mega Hole in Treasury; Time for Punitive Legislative Measures! (See 'THE COB(WEB)' in TIOL) Cabinet okays extension of XV Fin Com's term till Nov 30, 2019 Cabinet okays amendment to IBC; bankruptcy resolution allowed maximum 330 days Wipro records 12.6% rise in Q1 profits at Rs 2388 C Yes Bank Q1 profits slump 91% at Rs 114 Cr Only 407 tariff lines restricted for import: Puri (See 'Corpbrief') National policy on retail trade in pipeline: MoS (See 'Corpbrief') Closure of pharma PSUs - Cabinet approves amendment in norms for sale of land (See 'Corpbrief') Modification of circular; Format for compliance report on Corporate Governance to be submitted to Stock Exchange (s) by Listed Entities (See 'Dashboard') Copyright Act -Copying of content including photographs and images from one domain name to other warrants grant of permanent injunction in favour of original proprietor specially in pharmaceuticals business : HC (See 'Legal Desk') Trade Marks Act, 1999 - Part use of word MAX in respect of MAXCURE healthcare services which by prior use is commonly associated with MAX hospitals is non distinctive and hence not protected by partial immunity granted u/s 17 : HC (See 'Legal Desk') HDFC AMC Q1 net profit rises by 42% Govt slashes interest rate on General Provident Fund Commercial vehicles worst hit in auto industry slowdown MCA seeks InterGlobes's response on Gangwal's charges of corporate governance lapses KVIC bags Rs 7 Cr order from Oil India Ltd (See 'Corp Brief') Raksha Mantri's Awards for Excellence - Private players now eligible for prize (See 'Corp Brief') India, UK ready to deepen trade relations post Brexit: Goyal (See 'Corpbrief') Patent Act, 1970 - Formation of opinion on three elements of injunction must be discernible from language of interim order in pharma patent case: HC (See 'Legal Desk') Various measures taken to ease textile sector's issues: Gadkari (See 'Corpbrief') Sahibganj MMT to open up sea trade for Bihar & Jharkhand: MoS (See 'Corprbrief') CAG's Audit Report on Entertainment Sector - An Overview (See 'THE TOG INSIGHT' in Taxongo.com) SARFAESI Act - No proposal for further amendment: Thakur (See 'Corpbrief' ) Mutual funds - 47 warning letters issued this fiscal for non-compliance: MoS (See 'Corpbrief') Arbitration and Conciliation Act, 1996 - Govt does not get differential treatment under Order XXVII of CPC whenever application for stay of arbitral award is filed u/s 36 and provision of CPC does not override the special purpose for which Arbitration Act is enacted : SC (See 'Legal Desk') OMCs issued Letter of Intent for 344 plants for production & supply of Compressed Bio Gas till June 2019: Pradhan Shipping Ministry's Sagarmala project created over 10000 jobs in 3 years: MoS

WTO chief moots for trade facilitation agreement model for dispute resolution

Published: May 14, 2019

By TIOLCORPLAWS News Service

NEW DELHI, MAY 14, 2019: THE WTO Ministerial Meeting of Developing Countries concluded here today. Addressing the gathering, the Union Minister for Commerce & Industry, Mr Suresh Prabhu, stated that that the New Delhi Meeting took place at a time when trade tensions show no signs of abating and protectionist tendencies are on the rise which makes it very essential to collectively debate and discuss the way forward in a multilateral framework. The meet also saw the attendance of WTO Director General, Mr Roberto Azevedo.

Mr Prabhu further mentioned that the New Delhi Ministerial Meeting is an initiative by India to facilitate a free and frank exchange of views on all issues of common interest, particularly of the Developing Countries and would explore how to collectively address the challenges emerging from suggestions on WTO reform. In his address at the dinner meeting held yesterday, Mr Azevedo stated that the reform process would mitigate the current crisis at WTO and talk about destroying the existing system is not the correct way and may not have the desired outcome. Thus he suggested to work in the existing system. He also mentioned that the Dispute Settlement crisis is a deep crisis and all countries have to look for a resolution. Business as usual approach is not an option anymore and all members should work for a solution.

Mr Azevedo stated that plurilaterals should not be seen as a division between Developed and Developing Countries as they contain members from both sides. He further said that the Special and Differential Treatment Mechanism must be innovative in order to address the impasse. If left unaddressed it may go either way, he said. The ideal way is to have a bench mark because the differentiation is already happening and is essential for small Developing Countries. DG, WTO further added that the best way forward is to have a trade-facilitation-agreement-type model where countries may set their own benchmarks.

In the inaugural session of the Ministerial Meeting, Mr Prabhu stated that there are 7.3 billion people living in Developing Countries and they cannot and should not be deprived of the benefits of growth and WTO is an institution which addresses these concerns of development and growth of countries through trade and not aid. Mr Prabhu claimed to be certain that the efforts of the New Delhi Ministerial Meeting would definitely lead to a WTO which is better than what it is today.

The Multilateral Trading System is the collective responsibility of all countries who have a stake in it.  It is the duty of countries to successfully address conflicting interests, motives and ideologies, in order to preserve and strengthen this valuable institution, the Minister added. The principles of non-discrimination, predictability, transparency, the tradition of decision-making by consensus and, most importantly, the commitment to development, underlying the multilateral trading system, are too valuable to lose, he said.

The approach of the New Delhi Ministerial Meeting is to re-energise and strengthen multilateralism and put in place a more inclusive decision - making process. Towards this end, it is essential that the collective view of as many Developing Countries as possible is formally articulated in submissions on WTO reforms. A year ago, on 19-20 March 2018, India had organised an Informal WTO Ministerial Gathering, in which more than 50 Members – both developed and developing- had participated. In the March 2018 Gathering in New Delhi it was emphasized that there is a need to preserve and enhance the functioning and credibility of the rules-based Multilateral Trading System as embodied in the WTO. Mr Prabhu expressed hope that the New Delhi Ministerial Meeting would re-endorse the centrality of development in WTO negotiations and provide suggestions for WTO reforms with development at its core.

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