Database

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INDIA

Since March 2015
Since April 2015

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Surrender of patents, source code or trade secrets to win public tenders/Restrictions on technology standards for public tenders
Policy on Adoption of Open Source Software for the Government of India

Framework for adoption of Open Source Software in eGovernance applications
The Indian government adopted a formal preference for open-source software for e-government procurement opportunities related to its digital agenda. The Policy on Adoption of Open Source Software for the Government of India is reported to be one of the most far-reaching and restrictive preference schemes that has been implemented to date. The Policy calls for a change from using Closed Cloud Software (CSS), which is licensed under the exclusive right of the copyright holder. The Indian government wants all governmental organisations to move towards the use of open-source software, which it argues would ensure strategic control of eGovernance applications and reduce the cost of ownership of projects. The Framework for adoption of Open Source Software in eGovernance applications provides a set of procedures and recommendations for promoting, adopting and managing OSS in e-Governance systems. The framework provides guidance on the selection of software and the induction of the OSS software.
Coverage Horizontal

INDIA

Since November 2010

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Surrender of patents, source code or trade secrets to win public tenders/Restrictions on technology standards for public tenders
Policy on Open Standards for e-Governance
There is a requirement to make patents available on a royalty-free basis for those open standards identified as "Identified Standards" under the Policy on Open Standards for e-Governance. Per Clause 4.1.2: "The Patent claims necessary to implement the Identified Standard shall be made available on a Royalty-Free basis for the lifetime of the Standard". Open standards refer to the freedom to encode and decode data and network protocols.
Coverage Horizontal
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'IN')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"83778"},{"post_id":"83779"},{"post_id":"83780"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'IN')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'IN')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"0.50"}]

INDIA

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
5.85%
Coverage rate of zero-tariffs on ICT goods (%)
28.14%
Coverage: Digital goods

INDIA

N/A

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Participation in the World Trade Organization (WTO) Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in Information Technology Agreement Expansion Agreement (ITA II)
India is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996, but it is not a signatory of its 2015 expansion (ITA II).
Coverage ICT goods

INDIA

Since July 2020, until January 2025

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Antidumping, countervailing duties, and safeguard measures on ICT goods
Antidumping measure
In July 2020, the Indian authorities imposed a definitive duty on imports of digital offset printing plates (an input good to manufacture printers) from China, Japan, the Republic of Korea, Chinese Taipei and Vietnam. The rate of duty on imports from China is between USD 0.55 and USD 0.77 per square metre, depending on the company. The rate of duty on imports from the Republic of Korea is USD 0.15 or USD 0.37 per square metre, depending on the company. The rate of duty on imports from Japan is USD 0.13 or USD 0.27 per square metre, depending on the company. The rate of duty on imports from Vietnam is USD 0.60 per square metre. The rate of duty on imports from Chinese Taipei is USD 0.41 per square metre. The duty is in force for a period of five years, starting on 30 January 2020.
Coverage Product: Digital offset printing plates (HS 370130, 3704.0090, 3705.1000, 7606.1190, 7606.9190, 7606.9290, 8442.50)

Country: China, Korea, Japan, Chinese Taipei, Vietnam

HONG KONG

N/A

Pillar Online sales and transactions  |  Sub-pillar Ratification of the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Hong Kong has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

HONG KONG

Since 2000

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Hong Kong has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

HONG KONG

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Hong Kong has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

HONG KONG

Since June 2001

Pillar Online sales and transactions  |  Sub-pillar Restrictions on domain names
Trade Marks Ordinance (Cap. 559)
According to the Trade Marks Ordinance, an application to register a domain name must be made to a domain name registrar, and the applicant for a domain name must accompany the application with evidence of entitlement to that name, such as a copy of its Business Registration Certificate. In addition, businesses that want to register a "com.hk" (English Domain Name) and/or ".公司.hk" and/or ".公司.香港" (Chinese Domain Names) must be registered companies in Hong Kong. Furthermore, there are no registration obligations for second-level ".hk" domain names, while third-level ".hk" domain names are exclusively accessible to entities with a local presence in Hong Kong.
Coverage Horizontal

HONG KONG

N/A

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Lack of comprehensive framework for consumer protection online
The Trade Descriptions Ordinance (Cap. 362) (TDO) and the Sale of Goods Ordinance (Cap. 26) (SGO) are generic consumer protection laws protecting general consumers against unfair trade practices. However, as generic consumer protection laws, TDO and SGO do not specifically address the distant nature of an online transaction. For the pre-purchase stage, TDO and SGO do not contain provisions requiring online retailers to provide information such as contact details, procedures for order cancellation, and goods refund/return policy. Neither do they set out a mandatory cooling-off period, which refers to the period of time following the conclusion of a contract whereby a supplier allows its customers to unilaterally cancel the contract without having to provide a reason. As to the post-purchase stage, there are no standardised goods refund/return policies for online shopping.
Coverage Horizontal

HONG KONG

Since January 1963, last amended in March 2024

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Telecommunications Ordinance (Cap. 106)
According to Section 9 of the Telecommunications Ordinance, any person who wishes to import to Hong Kong any radio transmitting apparatus needs to obtain a permit granted by the Communications Authority, unless holding an unrestricted radio dealer's license.
Coverage Radio transmitting apparatus

HONG KONG

Reported in 2015, last reported in 2023

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Import licence requirement for optical discs
It is reported that anyone wishing to import optical disc duplication and mastering equipment (ODMRE) must apply for an import licence issued by the Customs and Excise Department.
Coverage Optical disc mastering and replication equipment

HONG KONG

Since May 1980, last amended in December 2018

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Waste Disposal Ordinance (Cap. 354)
According to Art. 20A of the Waste Disposal Ordinance (in place since December 2018), a permit issued by the Environmental Protection Department is required for the import of waste-regulated electrical equipment (i.e., air conditioners, refrigerators, washing machines, televisions, computers, printers, scanners, and monitors).
Coverage Waste electrical and electronic equipment

HONG KONG

Since January 1963, last amended in March 2024

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Export restrictions on ICT goods or online services
Telecommunications Ordinance (Cap. 106)
Under Section 9 of the Telecommunications Ordinance, any person who wishes to export any radio transmitting apparatus from Hong Kong is required to apply for an import or export license granted by the Communications Authority.
Coverage Radio transmitting apparatus

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