Database

Browse Database

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 Government of India

Framework for adoption of OSS 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 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 the government argues would ensure strategic control of eGovernance applications and reduce the cost of ownership of projects. The Framework 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 surrender patents (make it 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 life time of the Standard". Open standards refer to the freedom to encode and decode data and network protocols.
Coverage Horizontal

INDIA

Since April 2015, extended in April 2020, until April 2025

Pillar Tariffs and trade defence measures applied on ICT goods  |  Sub-pillar Antidumping, countervailing duties, and safeguard measures on ICT goods
Antidumping measure
In April 2015, the Indian Ministry of Finance issued the Customs Notification imposing this definitive anti-dumping duty on imports of electrical insulators (HS 8546) originating in China. Electrical insulators are used to hold conductors in position, separating them from one another and from surrounding structures. This measure was reviewed and extended in April 2020. The rate of duty is USD 638 or USD 1,383 per tonne, depending on the company. The duty is in force for a period of five years.
Coverage Product: Electrical insulators (HS 8546)

Country: China

INDIA

Since June 2020, until June 2025

Pillar Tariffs and trade defence measures applied on ICT goods  |  Sub-pillar Antidumping, countervailing duties, and safeguard measures on ICT goods
Antidumping measure
In June 2020, the Indian Ministry of Finance imposed a definitive duty on imports of electronic calculators (HS 847010, 390720) from Malaysia. The duty amounts to 0.92 USD per item. The duty is in force for a period of five years.
Coverage Product: Electronic Calculators (HS 847010, 390720)

Country: Malaysia

INDIA

Since May 2015, extended in May 2020, until May 2025

Pillar Tariffs and trade defence measures applied on ICT goods  |  Sub-pillar Antidumping, countervailing duties, and safeguard measures on ICT goods
Antidumping measure
In May 2015, the Indian Ministry of Finance issued the Customs Notification imposing this definitive anti-dumping duty on imports of electronic calculators (HS 847010, 390720) from China. This measure was reviewed and extended in May 2020. The rate of duty is USD 0.28 or USD 1.22 per unit, depending on the company. The duty is in force for a period of five years.
Coverage Product: Electronic calculators (HS 847010, 390720)

Country: China

INDIA

Since July 2005, extended in July 2011 and 2017, until July 2022

Pillar Tariffs and trade defence measures applied on ICT goods  |  Sub-pillar Antidumping, countervailing duties, and safeguard measures on ICT goods
Antidumping measure
In July 2005, India announced anti-dumping duties on polytetrafluoroethylene from China (HS 390461). This product is used also for long-distance telephony and multichannel television broadcasting systems. This measure was reviewed and extended in July 2011 and, subsequently in July 2017. The rate of duty is USD 2637 per tonne. In July 2022, the Indian authorities decided not to implement the extension recommendation, and the antidumping duty was terminated.
Coverage Product: Polytetrafluoroethylene (HS 390461) (used for wiring computer applications, e.g. hookup wire, coaxial cables)

Country: China

INDIA

N/A

Pillar Tariffs and trade defence measures applied on ICT goods  |  Sub-pillar Participation in the 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 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 Viet Nam. The rate of duty on imports from China is between USD 0.55 or 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 five years from 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
"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":"57495"},{"post_id":"57496"},{"post_id":"57497"}]
"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 ICT goods  |  Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
5.62%
Coverage rate of zero-tariffs on ICT goods (%)
25.97%
Coverage: Digital goods

CHINA

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
China 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

CHINA

N/A

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

CHINA

Since 2004

Pillar Online sales and transactions  |  Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
China 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

CHINA

October 1993, entry into force in January 1994, last amended in March 2014

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Law of the People's Republic of China on Protection of Consumer Rights and Interests《消费者权益保护法》
The Chinese consumer protection framework is set out in the Law of the People's Republic of China on Protection of Consumer Rights and Interests. The law applies to all consumers purchasing and using commodities or receiving services for daily consumption and to business operators, in their supply of commodities produced and sold by them or services provided to consumers.
Coverage Horizontal

CHINA

Since November 2021

Pillar Online sales and transactions  |  Sub-pillar Local presence requirement for digital services providers
Personal Information Protection Law《个人信息保护法》
According to Art. 53 of the Personal Information Protection Law, personal information processors outside the territory of the People's Republic of China as specified in the second paragraph of Article 3 of this Law shall set up specialized agencies or designate representatives within the territory of the People's Republic of China to be responsible for handling personal information protection related matters, and shall submit the names, contact information, and other information of the agencies and representatives to the departments with personal information protection duties.
Coverage Horizontal

CHINA

Since June 2017
Since June 2017

Pillar Online sales and transactions  |  Sub-pillar Local presence requirement for digital services providers
Internet News Information Service Management Regulations《互联网新闻信息服务管理规定》

Regulations on Administrative Enforcement Procedures for Internet Information Content《互联网信息内容管理行政执法程序规定》
According to Art. 5 of the Internet News Information Service Management Regulations, Internet news providers are required to obtain a permit to provide Internet news information services to the social public through Internet websites, application software, forums, blogs, microblogs, public accounts, instant messaging tools, online live streaming, and other such methods. Pursuant to Art. 6 of the regulations, the applicant’s person-in-charge or chief editor must be a Chinese citizen. In addition, the applicant must separately obtain an Internet Information Service license or file procedures with the telecommunications authorities in accordance with the law. In addition, according to Art. 6 of the law, to apply for an Internet news information service license, to have places, facilities, and funds suitable for the service is required. Furthermore, the Regulations on Administrative Enforcement Procedures for Internet Information Content set out the procedural and administrative processes for the Cyberspace Administration of China to enforce the laws and regulations relating to Internet content.
These provisions broadened the definition of “internet news information services” to “services of collecting, editing, and releasing internet news information; reposting such news information; and providing a platform to spread such news information.” They also broaden the definition of “news information” to include relevant reports and commentaries on politics, the economy, military affairs, foreign affairs, and other public affairs, as well as relevant reports and commentaries on social emergencies.
Coverage News providers

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