FDI in retail and aviation sectors set to become a reality now

September 21, 2012

FDI_Retail

New Delhi, September 21: The government on Thursday evening braved intense political opposition and a nationwide bandh to notify the rules for allowing foreign retailers such as Walmart and Carrefour to set up stores in India.

The government also notified the relaxed conditions for single-brand retail as well as the norms for allowing 49% investment by foreign airlines in Indian carriers and permitting greater foreign investment in some sections of the broadcasting sector, sending out a clear message that it will not be cowed down by protests and effectively severing its relations with Trinamool Congress.

These notifications give effect to the decisions taken by the Cabinet last Friday, which have resulted in a political uproar and possibly threatened the long-term stability of the Manmohan Singh government.

Industry was quick to welcome the government's move. "...the notifications have been issued quite promptly, reflecting the government's strong commitment towards the reforms process. This will put to rest all apprehension on whether there would be any turnaround," said CII Director-General Chandrajit Banerjee.

The policy says foreign retailers can only open stores in states that have agreed to allow FDI in multi-brand retail. "The above policy is an enabling policy only," said the press note issued by the Department of Industrial Policy & Promotion.

Bar on Online Retail Trading

"State governments and Union Territories would be free to take their own decisions in regard to implementation of the policy," said the DIPP press note. The policy prohibits retail trading through e-commerce by companies with FDI engaged in multibrand retailing. This means the ban on FDI in B2C e-commerce continues, preventing Amazon and others from entering India.

The states that have agreed to allow foreign investment in multibrand retail, according to the press note, are Andhra, Assam, Delhi, Haryana, J&K, Maharashtra, Manipur, Rajasthan, Uttarakhand and the UTs like Daman & Diu and Dadra and Nagar Haveli.

The new rules stipulate that foreign retailers will have to invest a minimum of $100 million, and at least 50% of the total FDI brought in will have to be invested in backend infrastructure. They will have to source 30% of products from small industry within five years of operations, and every year subsequently.

Moreover, if a small industry crosses the $1-million investment mark in plant and machinery, purchases from it will not be counted towards the 30% mandatory sourcing requirement. If a state does not have a city with one million population, an exemption can be made.

The DIPP has also notified the relaxed rules for single-brand retail trading, allowing foreign retailers with more than 51% FDI the freedom to locally source 30% of the value of goods sold over a five-year period initially, and every year subsequently.

It also relaxed the condition that the single-brand retailer has to own the brand, allowing any one entity to retail the brand. Even FDI-funded single-brand retailers will not be allowed to sell their goods through e-commerce.

"The guidelines will allow many single-brand retail companies to come to India," said Diljeet Titus, senior partner at Titus & Co, which is working with foreign retailers looking to enter India.


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News Network
May 29,2020

New Delhi, May 29: In a powerful display of inter community solidarity, a team of Sikh volunteers visited Delhi's Jama Masjid and sanitized the 17th century monument.

As the national capital battled coronavirus, the historic Jama Masjid is closed for congregational prayers. However, the team of Sikh volunteers effectively sanitized the monument to ensure it is safe for the caretakers and visitors.

The volunteers affiliated with United Sikhs organization also met Naib Shahi Imam of Jama Masjid Syed Shaban Bukhari during the visit. The latter thanked the team for the humanitarian gesture and underlined the need for all sections of humanity to unite in the face of this crisis.

"The Sikh community has always displayed exemplary commitment to humanity and we are thankful to the United Sikhs' team for their initiative. This enormous crisis facing the human race can be fought off only if all communities, nations and people unite and fight it together. In recent weeks we have seen heart wrenching images of misery in the country as thousands of migrant workers return to their villages. At the same time we have also seen positive stories of different people uniting to help and feed them. We hope that together we will overcome this crisis," said Syed Shaban Bukhari, Naib Shahi Imam, Jama Masjid, Delhi.

Shaban Bukhari has also advised Muslims across the country to strictly avoid congregational prayers this Eid and pray at homes. He is young leader, who really believes in secularism. For him, humanity and kindness come first.

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News Network
February 6,2020

Feb 6: India has been ranked 40th out of 53 countries on a global intellectual property index, even as the country has shown improvement in terms of scores when it comes to the protection of IP and copyright issues, a top American industry body said on Wednesday.

India was placed at 36th position among 50 countries in 2019.

India's score, however, increased from 36.04 per cent (16.22 out of 45) in 2019 to 38.46 per cent (19.23 out of 50) in 2020, a 2.42 per cent jump in an absolute score.

However, India's relative score increased by 6.71 per cent, according to the International IP Index released by Global Innovation Policy Center or GIPC of the US Chambers of Commerce.

This year, it finds itself on the 40th place among 53 countries. Two new Index economies (Greece and the Dominican Republic) scored ahead of India. The Philippines, and Ukraine leapfrogged India.

"Since the release of the 2016 National IPR Policy, the government of India has made a focused effort to support investments in innovation and creativity through increasingly robust IP protection and enforcement," the GIPC said.

Since 2016, India has improved the speed of processing for patent and trademark applications, increased awareness of IP rights among Indian innovators and creators, and facilitated the registration and enforcement of those rights, it added.

According to the eighth edition of the annual report, India's score on the Chamber's International IP Index demonstrates the country's growing investment in IP-driven innovation and creativity. The Index specifically highlights a number of reforms over the last year that strengthen India's overall IP ecosystem, it said.

"In 2019, the Delhi High Court used dynamic injunctions to disable access to copyright-infringing content online, resulting in an increase in India's score on two of the copyright-related indicators," it said.

"The use of these injunctions places India alongside global leaders in copyright enforcement, including Singapore and the UK. As a result, India scores ahead of 24 other economies in the copyright indicators," the report said.

The Delhi High Court also issued a series of judgements that provide clarity on existing statutes related to trademark protection online, resulting in a score increase on one of the trademark-related indicators, it added.

The courts issued two precedential rulings that raised the bar for the damages awarded in IP-infringement cases and may provide a deterrent for future infringement. This resulted in an increase in score on one of the trademark-related indicators, it said.

Global Innovation Policy Center or GIPC said India also continues to score well in the Systemic Efficiency indicator, scoring ahead of 28 other economies in these indicators.

"This is a result of a concerted effort by the Indian government to consult with stakeholders during IP policy formation and create greater awareness about the importance of IP protection,” it said adding that India also remains a leader in the use of targeted incentives and IP assets for small and medium-sized enterprises (SMEs).

“To continue this upward trajectory, much work remains to be done to introduce transformative changes to India’s overall IP framework and take serious steps to consistently implement strong IP standards," the report said.

GIPC has identified several challenges for India. Prominent among them being patentability requirements, patent enforcement, compulsory licensing, patent opposition, regulatory data protection, transparency in reporting seizures by customs, and Singapore Treaty of Law of TMs and Patent Law Treaty.

"We are encouraged that Indian policymakers seem to recognize this Index as a valuable resource in their efforts to strengthen the country’s promising innovation ecosystem and enhance its competitiveness in an increasingly knowledge-based global economy,” the report said.

Observing that no other economy stands to gain more from strong Indian IP than India itself, the report said for example, no industry has been hurt more by copyright violations in India than the country’s own Bollywood industry, which loses almost USD3 billion to piracy each year.

"The number one way the Modi administration can demonstrate its commitment to the success of the Atal Innovation Mission, Accelerating Growth for New India’s Innovations, Make in India, Digital India, and Startup India is to strengthen its IP framework in ways that promote the legal and regulatory certainty necessary for greater R&D investment, high-value jobs, and greater innovative and creative outputs,” it said.

"Strong IP standards can further solidify India's position as the world’s fastest-growing economy, bolstering its reputation as a destination for doing business, foreign businesses’ ability to invest and make in India, thereby supporting the growth of India’s own innovative and creative industries," the report said.

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News Network
June 18,2020

New Delhi, Jun 18: Sonia Gandhi on Wednesday removed Sanjay Jha as a party spokesperson, days after he wrote a newspaper article criticising the party. She also approved the appointment of Abhishek Dutt and Sadhna Bharti as national media panelists for the Congress.

"Congress president has also approved that Sanjay Jha be dropped as AICC spokesperson with immediate effect," the party said in an official statement.

In the article published a few days ago, Mr Jha had said, "The Congress has demonstrated extraordinary lassitude, and its lackadaisical attitude towards its own political obsolescence is baffling..."

"I would like to call a spade a spade here and a shovel: there has been no serious effort to get the party up and running with any sense of urgency," he had said in the article in a national newspaper.

"There are many in the party who cannot comprehend this perceptible listlessness. For someone like me, for instance, permanently wedded to Gandhian philosophy and Nehruvian outlook that defines the Congress, it is dismaying to see its painful disintegration," he had said.

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