International Trade Policy, WTO and Intellectual Property

In this note
  1. Why nations trade: from absolute advantage to new trade theory
  2. Free trade vs protection, and India's trade-policy journey
  3. Tariffs: forms, structure and effects
  4. Non-tariff barriers and trade facilitation
  5. Trade remedies and the discipline on subsidies
  6. From GATT to WTO: principles, development provisions and the dispute-settlement crisis
  7. Agreement on Agriculture: the boxes, public stockholding and the peace clause
  8. TRIPS and patents: innovation vs access to medicines
  9. Beyond patents: trademarks, copyright, GIs, designs, plant varieties and traditional knowledge
  10. Services, investment and digital trade
  11. Regionalism: stages of integration, FTAs and rules of origin
  12. The geoeconomic turn: sanctions, export controls, trade wars and CBAM
  13. Exam angles

1. Why nations trade: from absolute advantage to new trade theory

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Class 10, Globalisation and the Indian Economy gives the starting point. Foreign trade lets producers "reach beyond the domestic markets" and lets buyers widen their choice beyond what is made at home. Trade theory explains why this helps both sides.

Classical theories

  • Mercantilism (16th–18th century) treated trade as a zero-sum race to pile up gold through export surpluses.
  • Absolute advantage (Adam Smith, Wealth of Nations, 1776): a country has an absolute advantage when it makes a good with fewer resources, or gets more output from the same resources, than another country. Each country should specialise in the good it makes best, and both then gain. Trade is positive-sum.
  • Comparative advantage (David Ricardo, 1817): a country has a comparative advantage when it makes a good at a lower opportunity cost (the amount of the other good it gives up). Trade pays even if one country is better at everything.
Labour hours per unit (Ricardo) Cloth Wine Opportunity cost of 1 wine
England 100 120 1.2 cloth
Portugal 90 80 0.89 cloth
  • Portugal is better at both goods, so it holds the absolute advantage in both.
  • Wine costs Portugal less cloth (0.89) than it costs England (1.2). So Portugal specialises in wine and England in cloth.
  • At any exchange rate between 0.89 and 1.2 cloth per wine, both countries gain.
  • Gains from trade: specialising and exchanging lets a country consume at a point outside its own production possibility frontier. This rise in total consumption and welfare is not possible in autarky, a state of full self-sufficiency with no trade.

Factor-endowment theories

  • Heckscher-Ohlin theory (1919/1933): countries export goods that use their abundant factor intensively and import goods that use their scarce factor. Labour-abundant India exports labour-intensive goods such as garments, leather, gems and services.
  • Stolper-Samuelson theorem (1941): when a good's relative price rises, the real return to the factor used intensively in making it rises, and the other factor's return falls. So trade helps the abundant factor and hurts the scarce one.
  • Trade creates losers within countries, even when the nation as a whole gains.
  • This is the economic root of the anti-trade backlash, such as factory workers in rich countries.

  • Leontief paradox (Wassily Leontief, published 1953, using 1947 US input-output data): the capital-rich USA exported goods that were relatively labour-intensive. This contradicted Heckscher-Ohlin. Later explanations point to skilled labour, natural resources and differences in technology.

Beyond endowments

  • Intra-industry trade: a country exports and imports similar products at the same time, for example Germany and Japan trading cars. Endowment theories cannot explain this.
  • New trade theory (Paul Krugman, Nobel 2008) explains trade between similar countries through:
  • economies of scale;
  • product differentiation (consumers love variety);
  • network effects.

  • Gravity model of trade: trade between two countries rises with their economic size (GDP) and falls with the distance between them, like Newton's gravity.

  • South Asia under-trades against what the model predicts. Intra-regional trade is only about 5% of the region's total trade, because of tariffs, NTBs, poor connectivity and India-Pakistan politics.

  • Entrepot trade: goods are imported into a hub port for re-export, often after storage or light processing but no real transformation.

  • Singapore, Dubai (Jebel Ali) and Colombo are the classic hubs.
  • Most of India's transshipment cargo has been handled at foreign hubs, especially Colombo, which adds cost and delay.
  • India's response is Vizhinjam (Kerala), its first deep-water transshipment port, commissioned in 2025.

  • Revealed comparative advantage (Bela Balassa, 1965) measures comparative advantage from actual exports:

  • RCA = (Xᵢⱼ / Xᵢ) ÷ (Xwⱼ / Xw), which is the share of good j in country i's exports divided by the share of good j in world exports.
  • RCA > 1 means the country has a comparative advantage in that good. India shows RCA > 1 in rice, pharmaceuticals, gems and jewellery, textiles and IT services.

  • Competitive advantage (Michael Porter, The Competitive Advantage of Nations, 1990): advantage is created, not inherited, through innovation, productivity and quality.

  • Porter's diamond model names four linked determinants:
    1. factor conditions (skilled labour, infrastructure);
    2. demand conditions (demanding home buyers);
    3. related and supporting industries (clusters);
    4. firm strategy, structure and rivalry.
  • Government and chance act on all four.

  • Prebisch-Singer hypothesis (Raúl Prebisch and Hans Singer, 1950): prices of primary commodities tend to fall relative to manufactures over time.

  • Commodity exporters therefore lose on their terms of trade.
  • This supported the post-war case for industrialisation and import substitution in Latin America and India.
  • How terms of trade are measured is covered in balance-of-payments-exchange-rate.

2. Free trade vs protection, and India's trade-policy journey

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Basic ideas

  • Free trade is trade between countries with no barriers at all. Class 10, Globalisation and the Indian Economy notes that the WTO and other powerful international organisations promote it and argue that "all barriers to foreign trade and investment are harmful".
  • Protectionism is the policy of shielding domestic industry from foreign competition through tariffs, quotas and other barriers.
  • A trade barrier is a restriction set by government, like a tax on imports or a quota, to regulate what kinds of goods and how much of each come into the country (Class 10).

Arguments for protection

  • Infant-industry argument (Alexander Hamilton 1791, Friedrich List 1841): new domestic industries need temporary protection until they reach economies of scale and can compete with established foreign rivals.
  • This was India's case in the 1950s–60s. Class 10 says competition from imports "would not have allowed these industries to come up".
  • Class 10 also notes that all developed countries protected their producers in the early stages of development.

  • Strategic trade policy: governments use subsidies or protection to help domestic firms capture profits in oligopolistic global industries (markets with only a few big sellers). The Airbus-Boeing rivalry and their long-running WTO disputes are the standard example.

  • Saving foreign exchange: Class 11, Indian Economy 1950–1990 says planners "feared the possibility of foreign exchange being spent on import of luxury goods".
  • Jobs: protection defends employment in import-competing sectors. Class 10's Ravi capacitor case shows how jobs were lost when imports were freed.
  • Other arguments: national security, anti-dumping, and bargaining power.

Costs of protection

  • Inefficiency and poor quality: Class 11, Indian Economy 1950–1990 says producers had a captive market and "no incentive to improve the quality of their goods", so consumers bought low-quality goods at high prices.
  • Rent-seeking: firms spent effort lobbying for licences instead of improving their products (the "permit licence raj").
  • Beggar-thy-neighbour policy: one country gains at its partners' expense through high tariffs or competitive devaluation, which invites retaliation.
  • The US Smoot-Hawley Tariff Act (1930) set off a round of retaliation. World trade shrank by about two-thirds between 1929 and 1934, which deepened the Great Depression.

India's journey

Import substitution (first seven Plans, 1951–90)

  • Imports were replaced by domestic production, protected by tariffs and quotas (Class 11, Indian Economy 1950–1990).
  • Export promotion (policy to encourage exports) got no serious thought "until the mid-1980s".
  • Rupee-rouble trade with the USSR was a form of countertrade: goods were swapped for goods, settled in non-convertible rupees rather than hard currency.
  • The appraisal of the planning era itself belongs to planning-mixed-economy.

1991 trade liberalisation (Class 11, Liberalisation, Privatisation and Globalisation: An Appraisal)

  • Trade liberalisation means cutting or removing tariffs, quotas and other barriers. The 1991 reforms:
  • cut tariff rates sharply (peak rates were above 300% in 1990–91 and came down step by step);
  • abolished import licensing except for hazardous and environmentally sensitive industries;
  • fully removed QRs on imports of manufactured consumer goods and farm products from April 2001;
  • removed export duties to make Indian goods more competitive.

  • Critique in the same chapter: export-oriented farm policy shifted land from food grains to cash crops, which put pressure on food-grain prices.

Trade openness today

  • Trade openness = (exports + imports) ÷ GDP. India's goods and services trade is about 45–50% of GDP (verify current). It was about 15% in 1990–91.

Foreign Trade Policy 2023 (in force from 1 April 2023, with no end date)

  • Moves from incentives to remission. RoDTEP refunds embedded taxes and duties on exports. RoSCTL does the same for apparel and made-ups.
  • Makes districts export hubs, promotes e-commerce exports, and targets US$2 trillion of exports by 2030.

The "new protectionism" debate

  • Atmanirbhar Bharat (2020).
  • Calibrated tariff hikes on electronics, toys, furniture and other goods from Budget 2018-19 onwards.
  • Quality control orders (see Section 4).
  • Budget 2025-26 cut the number of customs tariff slabs (seven rates were removed, leaving eight including zero) and moderated some peak rates.
  • Critics ask whether this is a return to import substitution. Supporters call it targeted infant-industry support for electronics and semiconductors.

3. Tariffs: forms, structure and effects

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Meaning and effect

  • A tariff is a tax on goods crossing a country's border, mainly imports (customs duty). It raises revenue and protects domestic producers.
  • Class 10's Chinese toys case shows the chain:
  • A tax on imported toys means importers pay the tax,
  • so buyers pay a higher price,
  • so imports from China fall "automatically",
  • and "Indian toy-makers will prosper".

  • Class 12, Open Economy Macroeconomics: purchasing power parity (the same good costs the same everywhere once converted at the exchange rate) holds only "as long as there are no barriers to trade like tariffs (taxes on trade) and quotas". Tariffs create lasting price gaps between countries.

Forms

Form Basis Example
Ad valorem tariff A fixed % of the value of the import 20% on a ₹1,000 good = ₹200
Specific tariff A fixed amount per physical unit ₹50 per kg
Compound tariff Ad valorem + specific on the same good 10% + ₹20 per kg
Mixed tariff Ad valorem or specific, whichever gives the higher (or lower) duty 10% or ₹30/kg, whichever is higher
  • Specific duties protect more when world prices fall and are easier to administer. Ad valorem duties keep pace with inflation.
  • Export duties are taxes on exported goods. Most were removed after 1991 (Class 11), but they are still used selectively to keep goods at home or support domestic processing. Examples:
  • rice (20% export duty on parboiled rice, 2023; later removed);
  • onions (40% in 2023–24; removed from April 2025);
  • iron ore (duties vary with ore grade).

  • Duty drawback refunds customs and other duties paid on imported inputs used in exported goods, so exports are "zero-rated". Remission schemes (RoDTEP, Advance Authorisation) follow the same logic.

Tariff structure

  • Tariff escalation: tariffs are low on raw materials and higher on semi-processed and finished goods (for example, raw cocoa at 0%, cocoa paste at 10%, chocolate at 30%).
  • This protects processing in the importing country.
  • It discourages value addition in exporting countries and keeps poor countries locked into commodity exports.

  • Tariff peak: an unusually high tariff on a sensitive product, typically above 15%, amid generally low tariffs.

  • Effective rate of protection (ERP): the % by which tariffs raise an industry's domestic value added above its free-trade value added.
  • ERP = (V′ − V) / V, where V is value added at free-trade prices and V′ is value added at tariff-inclusive prices.
  • Equivalent formula: ERP = (t − a·tᵢ) / (1 − a), where t = tariff on output, tᵢ = tariff on inputs, and a = input share in output value.
  • Worked example: a car sells for 100 at world prices with inputs of 60, so V = 40. A 20% output tariff and 0% input tariff make V′ = 120 − 60 = 60, so ERP = 50%, well above the 20% nominal rate.
  • Cutting input duties raises ERP.
  • An inverted duty structure (inputs taxed more than the output) lowers ERP and can make it negative. This has been a long-running complaint of Indian manufacturers.

WTO disciplines on tariffs

  • Bound tariff rate: the maximum tariff a WTO member legally commits not to exceed for a product, listed in its schedule of concessions.
  • Applied tariff rate: the tariff actually charged, which may be lower.
  • Binding overhang: the gap between bound and applied rates. It lets a country raise tariffs without breaking WTO rules.
  • India's simple average bound rate is about 50% against an applied MFN average of about 17% (verify current).
  • The gap is widest in agriculture (bound ~113% vs applied ~39%, verify current).
  • This gives India policy space, but partners criticise it as unpredictable.

  • Tariff-rate quota (TRQ): a two-tier tariff. Imports within a set quantity pay a low in-quota duty; imports above it pay a high out-of-quota duty.

  • TRQs came from Uruguay Round tariffication.
  • India operates TRQs on items such as skimmed milk powder and maize (verify current).

  • India's customs architecture (BCD, AIDC, SWS) is covered in taxation.

4. Non-tariff barriers and trade facilitation

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Non-tariff barriers (NTBs) are trade restrictions other than tariffs, such as quotas, licensing and restrictive standards.

Quantity-based barriers

  • Import quota: a limit on the quantity or value of a good that can be imported over a period.
  • Class 10 asks students to apply a quota to Chinese toys.
  • Class 11, Indian Economy 1950–1990 says quotas "specify the quantity of goods which can be imported".
  • Class 12 calls them "quantitative limits on imports".

  • Quantitative restrictions (QRs) are direct limits on the quantity of imports or exports.

  • GATT Art. XI generally bans them, with exceptions such as balance-of-payments difficulties (Art. XVIII:B).
  • India kept about 2,700 tariff lines under BoP-justified QRs. The US challenged them (DS90), and the panel and Appellate Body ruled against India in 1999.
  • India phased them out by 1 April 2001, the date Class 11 gives. Class 10's Ravi capacitor case shows the effect: "restrictions on imports of capacitors" were removed "as per its agreement at WTO in 2001".

  • Import licensing (government permission needed to import) was abolished in 1991 except for hazardous and environmentally sensitive items and a few restricted imports (Class 11).

  • Voluntary export restraint (VER): an exporter "agrees", usually under pressure, to limit its exports. Japan's car exports to the US from 1981 are the classic case. The WTO Safeguards Agreement (Art. 11) now prohibits VERs.
  • MFA/ATC textile quotas ended on 1 January 2005 under the Agreement on Textiles and Clothing. (NCERT outdated: Class 11 says "USA has not removed their quota restriction on import of textiles from India and China". Now: those quotas ended in 2005, although US safeguard quotas on China ran until 2008.)

Standards-based barriers

  • Sanitary and phytosanitary (SPS) measures protect human, animal and plant life or health from food-safety risks, pests and diseases.
  • Under the SPS Agreement they must be science-based, backed by risk assessment, and follow international standards (Codex Alimentarius, OIE/WOAH, IPPC).
  • Examples: the EU's very low pesticide residue limits (MRLs) on Indian basmati (tricyclazole) and spices (ethylene oxide, 2024).

  • Technical barriers to trade (TBT): technical regulations, standards, labelling and conformity-assessment rules on products. Under the TBT Agreement they must be non-discriminatory, not more trade-restrictive than necessary, and based on international standards.

  • Quality control order (QCO): an Indian government order under the BIS Act 2016 that makes BIS certification compulsory before a product can be sold or imported.
  • Covers toys (2021), footwear, chemicals, polyester, steel and many other products.
  • Supporters cite quality. Critics see a disguised NTB that raises input costs for MSMEs.
  • Several QCOs on inputs were withdrawn or deferred in 2025 (verify current).

  • Class 11's broader complaint: developing countries "still do not have the access to developed countries' markets because of high non-tariff barriers".

Trade facilitation

  • Trade facilitation means simplifying and harmonising customs procedures and documents to cut the time and cost of trade.
  • The WTO Trade Facilitation Agreement was concluded at Bali MC9 (2013) and entered into force on 22 February 2017, the first new multilateral agreement since 1995. It has category A/B/C self-designated timelines for developing countries.
  • India's measures:
  • the SWIFT single window and the ICEGATE customs portal;
  • faceless assessment (2020);
  • the Authorised Economic Operator (AEO) programme, which certifies trusted traders who meet security and compliance standards so they get faster, simpler clearance;
  • the National Time Release Study.

  • Link to logistics: the National Logistics Policy (2022) and PM Gati Shakti aim to bring India's logistics costs, long estimated at 13–14% of GDP but now put at about 8–9% by NCAER (2023-24, verify current), down to global benchmarks.

5. Trade remedies and the discipline on subsidies

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Trade remedies are the collective name for anti-dumping, countervailing and safeguard measures. The WTO allows them to protect domestic industry.

Dumping and anti-dumping

  • Dumping is exporting a product below its normal value, usually its price in the exporter's home market or its cost of production.
  • Class 10 hints at it: subsidised US farmers sell surplus farm products "in other country markets at low prices, adversely affecting farmers in these countries".
  • Class 11's appraisal notes that "cheaper imports have replaced the demand for domestic goods".

  • Margin of dumping = normal value − export price. It is the basis for the duty.

  • Anti-dumping duty (Anti-Dumping Agreement, GATT Art. VI) is an extra duty, up to the margin of dumping. It needs three things: 1. proof of dumping; 2. proof of material injury (or threat) to the domestic industry; 3. a causal link between the two.

  • Lesser duty rule: the duty is set at the lower of the dumping margin and the injury margin, which is enough to remove the injury. India applies it.

Countervailing and safeguard duties

  • Countervailing duty (CVD) neutralises actionable subsidies that the exporting country's government gives on goods that injure the domestic industry (SCM Agreement).
  • Safeguard duty is a temporary duty on a surge of imports, even if fairly traded, that causes or threatens serious injury (a higher bar than "material injury").
  • It applies to imports from all sources (MFN), with a developing-country de minimis exemption.
  • Provisional safeguards can last up to 200 days.
  • Example: India's steel safeguard. DGTR recommended a 12% provisional duty in 2025, and it was later extended (verify current).

  • Sunset review: an anti-dumping duty or CVD lapses after 5 years unless a review shows that removing it would bring injury back.

Remedy Trigger Fair trade? Injury test Indian law
Anti-dumping Price below normal value Unfair Material injury Customs Tariff Act s. 9A
Countervailing Foreign subsidy Unfair Material injury s. 9
Safeguard Import surge Fair Serious injury s. 8B

India's institutional chain

  • DGTR (Directorate General of Trade Remedies, Commerce Ministry, set up in 2018) investigates and recommends.
  • The Finance Ministry decides and notifies the duty.
  • India is among the world's heaviest users of anti-dumping. Most cases target China, in chemicals, steel, solar inputs and fibres.

Subsidy discipline (SCM Agreement)

  • Prohibited subsidies (red light): those contingent on export performance or on using domestic over imported goods (local content).
  • Actionable subsidies (yellow light): allowed, but can be challenged if they cause adverse effects.
  • Export subsidies are government payments or benefits tied to export performance. They are banned except for Annex VII countries (LDCs and those with per-capita GNP below US$1,000 in constant 1990 dollars).
  • India crossed this threshold for three straight years and "graduated" from Annex VII (WTO notification 2017), losing the exemption and its phase-out period.
  • The US then challenged MEIS, SEZ, EOU, EPCG and other schemes (DS541). The panel ruled against India in October 2019, and India appealed into the void.
  • India replaced them with the WTO-compatible RoDTEP and RoSCTL (2021), which refund embedded taxes rather than reward exports.

  • Agricultural export subsidies were abolished at Nairobi MC10 (2015). Developing countries got until 2018, with transport and marketing subsidies allowed until 2023.

  • Fisheries subsidies are government support to the fishing sector.
  • The MC12 (2022) Agreement on Fisheries Subsidies entered into force on 15 September 2025, after two-thirds of members accepted it.
  • It bans subsidies to IUU fishing (illegal, unreported, unregulated), to fishing of overfished stocks, and on the unregulated high seas.
  • "Fish 2" talks on subsidies causing overcapacity and overfishing remain unfinished.
  • India wants S&DT, protection for artisanal and small-scale fishers and its EEZ, and bigger cuts by large distant-water subsidisers ("polluter pays").

6. From GATT to WTO: principles, development provisions and the dispute-settlement crisis

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History and structure

  • GATT was signed on 30 October 1947 by 23 countries, including India, and applied provisionally from 1 January 1948. (NCERT loose: Class 11 says "GATT was established in 1948 with 23 countries".)
  • GATT was a set of multilateral trade agreements, administered to give all countries equal opportunities in world markets.
  • It held eight rounds, including Kennedy (1964–67), Tokyo (1973–79) and the Uruguay Round (1986–94), which ended with the Marrakesh Agreement (April 1994).
  • The WTO began on 1 January 1995 in Geneva as GATT's successor.
  • It covers goods (GATT 1994), services (GATS) and IP (TRIPS) as a single undertaking: members accept all the agreements together.

  • Class 11 lists the WTO's objectives:

  • a rule-based trading regime, "in which nations cannot place arbitrary restrictions on trade";
  • larger production and trade of services;
  • "optimum utilisation of world resources";
  • protection of the environment;
  • "greater market access to all member countries" through removal of tariff and non-tariff barriers.

  • Membership is 166 (since 2024, with Comoros and Timor-Leste). (NCERT outdated: Class 10 says "about 160".)

  • Organs:
  • the Ministerial Conference, which meets at least every 2 years (MC13 Abu Dhabi 2024; MC14 Yaoundé, Cameroon, March 2026);
  • the General Council, which also sits as the Dispute Settlement Body (DSB) and the Trade Policy Review Body;
  • the Secretariat, headed by the Director-General.

  • Decisions are taken by consensus, so every member has an effective veto.

Principles

  • Multilateralism means liberalising trade through common rules negotiated among all or most nations.
  • A plurilateral agreement binds only the members that sign it. Examples are the Government Procurement Agreement (GPA) and the Information Technology Agreement (ITA, which India joined in 1997).
  • The Investment Facilitation for Development (IFD) text has been blocked from incorporation into the WTO by India, South Africa and others. India argues that plurilaterals cannot enter the WTO rulebook without consensus (verify current).

  • Non-discrimination principle = MFN + national treatment:

  • Most-favoured-nation principle (GATT Art. I): any advantage given to one member must be extended "immediately and unconditionally" to all members.
  • National treatment (Art. III): once imported goods, services or IP are inside the market, they must be treated no less favourably than domestic equivalents.

  • Exceptions to MFN:

  • FTAs and customs unions (Art. XXIV);
  • the Enabling Clause (1979), the legal basis for non-reciprocal preferences to developing countries;
  • the Generalised System of Preferences (GSP), under which developed countries give non-reciprocal low or zero tariffs. The US withdrew India's GSP benefits in June 2019;
  • duty-free quota-free (DFQF) market access for LDCs. India's DFTP scheme (2008) covers about 98% of its tariff lines;
  • trade remedies;
  • Art. XX general exceptions (health, conservation) and Art. XXI security exceptions.

Development provisions

  • Special and differential treatment (S&DT) gives developing countries and LDCs longer timelines, flexibilities and preferential access.
  • Countries self-declare as "developing". The US wants to end this for large economies such as China and India. India insists S&DT is a treaty-embedded right.

  • Market access, the ability to sell into other countries' markets, is the WTO's promise. Class 11 records the complaint that developing countries are "forced to open their markets" but "not allowed access to the markets of developed countries".

  • Aid for trade (launched at Hong Kong 2005) helps developing countries build trade capacity and infrastructure.
  • Class 10's critique: the WTO was "started at the initiative of the developed countries". They "unfairly retained trade barriers", while WTO rules "forced the developing countries to remove trade barriers".

Dispute settlement and its crisis

  • The dispute settlement mechanism under the DSU runs in stages: 1. consultations (60 days); 2. a panel; 3. the Appellate Body (7 members); 4. adoption by reverse consensus, which makes rulings binding; 5. compliance, then authorised retaliation.

  • Appellate Body crisis: the body has been non-functional since 11 December 2019, because the US blocks new appointments (it objects to judicial "overreach").

  • Appeal into the void: a losing party appeals to the non-functional body, which freezes the panel ruling indefinitely. India has done this in:
  • sugar subsidies (DS579–581, 2021–22);
  • ICT tariffs (DS582, 2023);
  • export incentives/MEIS (DS541, 2019).

  • Multi-Party Interim Appeal Arbitration Arrangement (MPIA) (2020, EU-led) uses DSU Art. 25 arbitration as a stop-gap appeal route among its members. India has not joined.

  • WTO reform debates cover restoring two-tier dispute settlement, S&DT, transparency and notifications, and consensus-based decision-making.

7. Agreement on Agriculture: the boxes, public stockholding and the peace clause

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The Uruguay Round Agreement on Agriculture (AoA, 1995) has three pillars:

  1. market access: tariffication (NTBs converted into tariffs), TRQs, and the special safeguard (SSG) for those who tariffied;
  2. domestic support;
  3. export competition.

Domestic support is sorted into "boxes".

Box What it covers Limit
Amber Box Trade-distorting support: market price support, input subsidies Measured by AMS; reduction commitments above de minimis
Blue Box (Art. 6.5) Amber-type payments tied to production-limiting programmes (fixed area, yield or herd) No cap
Green Box (Annex 2) Minimal or no distortion: research, extension, pest control, decoupled income support, environmental programmes, food aid, public stockholding bought at market prices No cap
Development Box (Art. 6.2) Developing countries' investment subsidies and input subsidies to low-income or resource-poor farmers Exempt
  • Aggregate measurement of support (AMS): the annual money value of trade-distorting (amber) support.
  • De minimis: the minimal amber support that is exempt from reduction.
  • 10% of the value of production for developing countries; 5% for developed.
  • It applies separately to product-specific and non-product-specific support.
  • Developing countries without a base-period AMS, like India, are effectively capped at de minimis.

  • Developed countries moved large support into the green box (such as US decoupled payments and the EU Single Farm Payment). This keeps it WTO-legal while still sustaining output.

  • This is the root of Class 10's "Debate on Trade Practices": US farmers are 0.5% of employment yet receive "massive sums" and sell surpluses abroad "at abnormally low prices".

  • The development box shelters much of India's fertiliser, power and irrigation support to low-income or resource-poor farmers (over 99% of Indian farmers qualify).

The food-security clash

  • Public stockholding for food security: procurement at MSP for PDS/NFSA counts as market price support because grain is bought at administered prices.
  • MPS = (Applied Administered Price − External Reference Price) × Eligible Production

  • The external reference price (ERP) is fixed at 1986–88 world prices and is never adjusted for inflation. It therefore inflates India's measured support; rice has exceeded the 10% limit in some years.

  • Peace clause: an interim shield for developing countries against legal challenge if public stockholding breaches domestic-support limits.
  • Adopted at Bali MC9 (December 2013) as interim until a permanent solution.
  • The General Council decision of November 2014 made it last until a permanent solution is agreed.
  • Conditions: transparency and notification, anti-distortion safeguards (stocks must not distort trade or hurt others' food security), and coverage only of programmes existing as of December 2013.

  • India was the first to invoke it, for rice (2018-19 marketing year), notified in 2020. It has invoked it repeatedly since.

  • A permanent solution is still pending after MC12, MC13 and MC14 (verify current).
  • Special safeguard mechanism (SSM): a G-33 proposal (India is a leader) to let developing countries temporarily raise farm tariffs during import surges or price crashes. It is still unresolved; its failure helped collapse the 2008 July package.

NCERT framing

  • Class 11 notes that developed countries "file complaints over agricultural subsidies" given by others.
  • Its case of Mahadeva, an Anantapur groundnut farmer, shows the effect: local markets "flooded with cheap imported edible oils" after import restrictions were removed.
  • MSP and PDS mechanics are in agri-marketing-msp-pds.

8. TRIPS and patents: innovation vs access to medicines

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The framework

  • Intellectual property rights (IPRs) are exclusive, time-limited legal rights over intangible creations: inventions, brands, works and designs. They trade an incentive to innovate against access for society.
  • TRIPS (Agreement on Trade-Related Aspects of IPRs, Uruguay Round, 1995):
  • sets minimum standards of protection and enforcement for all WTO members;
  • applies MFN and national treatment;
  • makes IP disputes subject to WTO dispute settlement;
  • gave developing countries until 1 January 2005 for product patents in pharma and agrochemicals (LDCs have longer, with a pharma waiver to 2033).

Patents

  • A patent is a government-granted exclusive right to make, use, sell or import an invention for 20 years from filing, in return for public disclosure.
  • Tests: novelty, inventive step (non-obvious) and industrial application.

  • The Patents Act 1970 allowed only process patents for food, drugs and chemicals. Firms could legally reverse-engineer patented molecules by a new process. This built India's generics industry, the "pharmacy of the world" (about 20% of global generic volume).

  • Amendments in 1999 (mailbox and exclusive marketing rights), 2002 and 2005 brought in product patents to meet TRIPS.

Indian safeguards

  • Section 3(d) targets evergreening: extending a patent monopoly through fresh patents on minor changes (new forms, salts, dosages) that add no significant efficacy.
  • A new form of a known substance is not patentable unless it shows enhanced therapeutic efficacy.
  • Upheld in Novartis v Union of India (Glivec/imatinib), Supreme Court, 1 April 2013.

  • Pre-grant opposition (s. 25(1)): any person can challenge a patent application before it is granted, a notable public-health safeguard. Post-grant opposition (s. 25(2)) is open within 1 year of grant.

  • Compulsory licensing: the government authorises a third party to use a patent without the holder's consent, on payment of royalty.
  • s. 84: after 3 years from grant, if the invention is unaffordable, not meeting reasonable public requirements, or not worked in India. Natco v Bayer (Nexavar/sorafenib, March 2012) was India's first compulsory licence. The price fell from about ₹2.8 lakh to about ₹8,800 a month, with a 6% royalty.
  • s. 92: national emergency, extreme urgency, or public non-commercial use.
  • s. 92A: export to countries with no manufacturing capacity.

Global access milestones

  • Doha Declaration on TRIPS and Public Health (November 2001): TRIPS "can and should" be read to protect public health. Members may grant compulsory licences and decide what counts as an emergency.
  • The Art. 31bis amendment (from the 2003 waiver) allows compulsory-licensed exports to countries without capacity. In force 23 January 2017, the first amendment to any WTO agreement.
  • MC12 TRIPS decision (June 2022) on COVID-19 vaccines grew out of the October 2020 India-South Africa waiver proposal.
  • It was narrower than sought: it eased compulsory licensing of vaccine patents only and left out diagnostics, therapeutics, trade secrets and copyright.

Patent-system debates

  • Parallel import: importing a genuine patented or branded product from a market where it was legitimately sold, without the holder's consent. This rests on exhaustion of rights. India follows international exhaustion (Patents Act s. 107A(b)).
  • Data exclusivity: a period in which regulators cannot rely on the originator's clinical-trial data to approve generics, which delays generic entry beyond patent expiry. India rejects it; TRIPS Art. 39.3 requires only protection against "unfair commercial use".
  • TRIPS-plus provisions: FTA obligations beyond TRIPS, such as data exclusivity, patent-term extension, or dilution of s. 3(d). India resisted these in the EFTA, UK and EU negotiations (verify current).
  • Patent pool: patent holders license collectively to cut access costs. The Medicines Patent Pool (UNITAID, 2010) has licensed HIV and COVID drugs to Indian generic makers.
  • Patent thicket: a dense web of overlapping patents that makes it costly to commercialise a product without infringing (for example, biologics like Humira).
  • Utility model: a shorter-term, easier-to-get patent-like right for incremental innovations. Not available under Indian law, although it has been proposed for MSMEs.
  • India sits on the USTR Special 301 "Priority Watch List". The US cites s. 3(d), compulsory licensing and weak data protection. India rejects the unilateral review.

9. Beyond patents: trademarks, copyright, GIs, designs, plant varieties and traditional knowledge

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Other IPRs under Indian law

Right Protects Indian law Term
Trademark A distinctive sign, word, logo or symbol that identifies one firm's goods or services Trade Marks Act 1999 10 years, renewable indefinitely
Copyright Original literary, artistic, musical, dramatic and cinematographic works, software, sound recordings Copyright Act 1957 Author's life + 60 years (60 years from publication for films and sound recordings)
Industrial design Ornamental or aesthetic features of a product's shape, pattern or configuration, not its function Designs Act 2000 10 + 5 years
Trade secret Confidential business information (formulas, processes, customer lists) No statute; protected by contract and equity (breach of confidence) Lasts as long as secrecy is kept
Layout-design of integrated circuits The original 3-D arrangement of circuitry in a chip SICLD Act 2000 10 years
Geographical indication A sign for products whose quality or reputation comes from their place of origin GI Act 1999 10 years, renewable
  • The SICLD Act has taken on new relevance with the India Semiconductor Mission.
  • Geographical indication (GI):
  • TRIPS Art. 22 gives general protection (against misleading use). Art. 23 gives extra protection only to wines and spirits.
  • India wants Art. 23-level protection extended to all products, such as basmati, Darjeeling tea and Alphonso mango.
  • The GI Act 1999 came into force in September 2003. The first Indian GI was Darjeeling Tea (2004-05).
  • The GI Registry is in Chennai.
  • Several hundred Indian GIs are registered, over 600 by 2025 (verify current).

Biodiversity-linked rights

  • Plant variety protection: TRIPS Art. 27.3(b) lets members protect plant varieties by patents, an effective sui generis system, or both.
  • India chose sui generis rather than UPOV 1991 with the PPV&FR Act 2001. The PPV&FR Authority has operated since 2005.
  • Varieties must meet DUS criteria: distinct, uniform, stable (plus novelty).

  • Farmers' rights (s. 39): farmers may save, use, sow, re-sow, exchange, share and sell farm produce, including seed of protected varieties, except as branded seed.

  • The PepsiCo FL-2027 (Lay's) potato dispute (2019): PepsiCo sued Gujarat farmers, then withdrew after protests. The Authority revoked the variety's registration in 2021, and this was then litigated in the Delhi High Court.

  • Biopiracy: commercial appropriation or patenting of biological resources or traditional knowledge without consent or benefit sharing. Cases:

  • turmeric wound-healing patent, revoked by the USPTO in 1997 after a CSIR challenge;
  • neem fungicide patent, revoked by the EPO (2000, upheld 2005);
  • basmati, RiceTec's 1997 US patent, with key claims withdrawn in 2001.

  • India's answer is the Traditional Knowledge Digital Library (TKDL, 2001), a CSIR–AYUSH database that gives patent offices prior-art evidence.

  • Access and benefit sharing (ABS): users of genetic resources and associated TK must get prior informed consent and share benefits on mutually agreed terms.
  • Based on the CBD 1992 and the Nagoya Protocol (2010, in force 2014).
  • In India: the Biological Diversity Act 2002, amended in 2023 (eased rules for AYUSH and research, and decriminalised offences), run by the National Biodiversity Authority (Chennai), State Biodiversity Boards and local Biodiversity Management Committees.

  • The WIPO Treaty on IP, Genetic Resources and Associated Traditional Knowledge (May 2024) requires patent applicants to disclose the origin of genetic resources and TK. It was a long-standing Indian demand.

  • The National IPR Policy 2016 ("Creative India; Innovative India") set seven objectives. It is implemented through CIPAM (Cell for IPR Promotion and Management, under DPIIT).

10. Services, investment and digital trade

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GATS

  • The GATS (General Agreement on Trade in Services, 1995) extends WTO rules to services. Class 11 notes that WTO agreements "cover trade in goods as well as services".
  • It uses positive-list scheduling: MFN applies generally, but market access and national treatment apply only in sectors and modes a member lists in its schedule.
  • Modes of supply of services:
Mode Meaning Indian example
Mode 1: cross-border supply The service crosses the border IT/BPO exports, tele-medicine
Mode 2: consumption abroad The consumer travels Medical tourism into India, Indian students abroad
Mode 3: commercial presence The supplier sets up locally FDI in banking, insurance, retail
Mode 4: movement of natural persons Professionals travel temporarily Indian engineers on H-1B/L-1 visas
  • Mode 4 is India's key demand. It is hurt by visa curbs such as higher H-1B fees and UK and EU caps.
  • Social-security totalisation agreements stop double contributions by posted workers. An example is the double contribution convention with the UK, signed alongside the 2025 CETA.

Investment

  • TRIMS (Agreement on Trade-Related Investment Measures) bans investment measures that discriminate against imports, such as local-content and trade-balancing requirements (illustrative list).
  • US v India (DS456): the domestic-content requirement for solar cells and modules under the National Solar Mission violated TRIMS and GATT Art. III. Appellate Body ruling in 2016.

  • A local content requirement makes a set share of inputs or value domestic. It is still debated for green-energy industrial policy.

  • India's PLI schemes (from 2020) and Make in India reward incremental output, not local sourcing, so they are designed to be TRIMS-compatible. Public procurement preferences stay outside WTO disciplines because India is not in the GPA.

  • Bilateral investment treaty (BIT): a two-country agreement to protect each other's investors.

  • After White Industries v India (2011), the first award against India, and the Vodafone and Cairn retrospective-tax arbitrations, India terminated most of its old BITs in 2016–17.
  • Model BIT 2015:
    • enterprise-based definition of investment;
    • no MFN clause;
    • taxation excluded;
    • investors must exhaust local remedies (5 years) before going to arbitration.
  • New BITs have been signed with the UAE (2024), Uzbekistan (2024) and Israel (2025) (verify current).

  • Investor-state dispute settlement (ISDS) lets foreign investors sue host states in international arbitration. Critics point to "regulatory chill": governments hold back from health, environment or tax rules for fear of claims.

Digital trade

  • Digital trade is trade in goods and services enabled or delivered digitally, including e-commerce and cross-border data flows.
  • E-commerce moratorium: since 1998, WTO members have not imposed customs duties on electronic transmissions.
  • India, South Africa and Indonesia object to the lost tariff revenue (digitisable goods such as films, games and 3-D printing files) and the lost policy space.
  • The moratorium lapsed at MC14 (30 March 2026) for want of consensus. A draft to extend it to 2030 was sent back to Geneva. A group of members pledged to keep duties off among themselves (verify current).

  • The E-commerce Joint Statement Initiative (since 2019, plurilateral) produced a stabilised text in 2024. India stays outside to protect its data policy space.

  • Data localisation: data about citizens must be stored or processed within the country.
  • RBI's April 2018 directive requires payment-system data to be stored only in India.
  • The Digital Personal Data Protection Act 2023 takes a negative-list approach: transfers are allowed everywhere except to countries the government notifies.
  • This clashes with US and EU demands for "free data flows with trust".

11. Regionalism: stages of integration, FTAs and rules of origin

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Theory

Stages of economic integration (Bela Balassa, 1961), from shallow to deep:

Stage Feature Example
Preferential trade agreement (PTA) Tariffs reduced (not removed) on an agreed list APTA, SAPTA
Free trade agreement (FTA) Tariffs removed on substantially all trade; each member keeps its own external tariff SAFTA, India–Sri Lanka
Customs union FTA + common external tariff SACU, Mercosur, EU (1968)
Common market Customs union + free movement of labour and capital EU Single Market (1993)
Economic union Common market + harmonised fiscal, monetary and regulatory policies EU
Monetary union Common currency and single monetary policy Eurozone (1999)
Complete integration A supranational authority over economic policy —
  • A trading bloc is a group of countries that cut trade barriers among themselves. Regional economic groupings (EU, ASEAN, SAARC) are usually regional associations formed for this. Comparative detail is in india-china-pakistan.
  • A regional trade agreement (RTA) is any reciprocal deal, FTA or customs union, notified to the WTO under Art. XXIV or the Enabling Clause.
  • Regionalism (liberalising within limited groups) vs multilateralism: Jagdish Bhagwati asked whether RTAs are building blocks or stumbling blocks toward global free trade.
  • Open regionalism is integration that does not raise barriers against outsiders, as with APEC (1989).
  • Jacob Viner (1950):
  • Trade creation: after an FTA, high-cost domestic production gives way to cheaper imports from a partner. Efficiency and welfare rise.
  • Trade diversion: imports shift from an efficient non-member to a less efficient partner because of preferences. Welfare can fall.

  • Spaghetti bowl effect (Bhagwati): many overlapping FTAs with different rules of origin and schedules raise compliance costs.

Rules of origin

  • Rules of origin decide a product's national source, which is needed to claim FTA preferences. The main tests:
  • wholly obtained;
  • change in tariff heading (CTH) or sub-heading;
  • value-added threshold (for example, 35–40% regional value content).

  • A certificate of origin is the document that proves origin to claim the preference.

  • Trade deflection is routing imports through the FTA partner with the lowest external tariff. Rules of origin prevent it.
  • CAROTAR 2020 (Customs Administration of Rules of Origin under Trade Agreements Rules, from 21 September 2020) puts the burden of proving origin on the importer. It targets Chinese goods routed through ASEAN partners.

India's network

  • PTAs: APTA (1975, as the Bangkok Agreement), SAPTA (1995), India–MERCOSUR (2009), India–Chile (2007, expanded 2017).
  • FTAs:
  • India–Sri Lanka (in force 2000);
  • SAFTA (2006);
  • India–ASEAN TIGA (2010). Its review began in 2023 because India's deficit with ASEAN has widened sharply, to about US$44 bn in 2023-24 (verify current).

  • CECA vs CEPA: the name reflects depth.

  • A comprehensive economic cooperation agreement (CECA) covers goods and has some services and investment provisions. Examples: Singapore (2005), Malaysia (2011).
  • A comprehensive economic partnership agreement (CEPA) is deeper: goods, services, investment, IP, competition and regulatory cooperation. Examples: Korea (2010), Japan (2011), UAE (May 2022).

  • India–Mauritius CECPA (April 2021), India's first trade deal with an African country.

  • India–Australia ECTA (December 2022); a CECA is under negotiation.
  • India–EFTA TEPA (Switzerland, Norway, Iceland, Liechtenstein): signed March 2024 and in force 1 October 2025. It carries a US$100 bn investment commitment over 15 years (and 1 million jobs), the first binding investment pledge in an Indian FTA.
  • India–UK CETA: signed 24 July 2025.
  • India–EU FTA: concluded 27 January 2026. PIB describes it as India's largest FTA, and it makes the EU India's 22nd FTA partner (verify current).
  • India–US interim trade framework (February 2026), the first tranche toward a Bilateral Trade Agreement (verify current).
  • Mega-regional trade agreements are large deals covering many economies and a big share of world trade.
  • RCEP (15 members: ASEAN-10, China, Japan, Korea, Australia, New Zealand). India walked out in November 2019, citing:
    • the China deficit;
    • the ratchet clause, which locks in any liberalisation;
    • weak safeguards against import surges;
    • rules of origin.
  • CPTPP: the UK joined in December 2024, its first new member.

  • Low FTA utilisation: Indian exporters use preferences for only about a quarter of eligible exports, far below East Asian peers. The reasons are rules-of-origin complexity, low awareness and small preference margins.

12. The geoeconomic turn: sanctions, export controls, trade wars and CBAM

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Weaponisation of trade

Weaponisation of trade is the use of trade dependencies, tariffs, export bans or control over supply as tools of geopolitical pressure.

  • Economic coercion is economic pressure used to force policy change.
  • China's export controls on gallium and germanium (2023), graphite (2023) and rare earths and magnets (2023–25).
  • The EU Anti-Coercion Instrument (in force December 2023) allows counter-measures.

  • Economic sanctions restrict trade, finance or investment for political or security aims.

  • UNSC sanctions bind all UN members. Unilateral sanctions include US OFAC measures and CAATSA (2017), which put at risk India's S-400 deal.
  • The Russia package from 2022 included SWIFT exclusion of some banks, a freeze of about US$300 bn in central-bank reserves, and the G7 oil price cap ($60 per barrel, December 2022).
  • Iran sanctions and Chabahar: India signed a 10-year port deal in May 2024. The US waiver was revoked in 2025 (verify current).

  • Secondary sanctions target third-country firms that deal with a sanctioned state.

  • The October 2025 US sanctions on Rosneft and Lukoil exposed Indian refiners buying Russian crude (verify current).

  • Export controls restrict exports of sensitive goods. Dual-use goods have both civilian and military uses.

  • India joined MTCR (June 2016), Wassenaar Arrangement (December 2017) and the Australia Group (January 2018).
  • Its NSG bid is blocked, mainly by China.
  • India's national list is SCOMET (Special Chemicals, Organisms, Materials, Equipment and Technologies), run by DGFT.

  • Technology denial is when technology holders refuse sensitive technology to other states:

  • the cryogenic engine (US pressure on Russia, 1992–93);
  • post-Pokhran-II sanctions (1998);
  • US advanced-chip and chip-tool controls on China from October 2022.

  • Security exception (GATT Art. XXI): a member may take measures "it considers necessary" for essential security interests. States claim this is "self-judging".

  • Russia – Traffic in Transit panel (2019): the exception is not fully self-judging, and panels can review whether it was invoked in good faith.
  • Panels in 2022 rejected the US defence of its s.232 steel and aluminium tariffs (2018), and the US appealed into the void.

Tariffs as leverage

  • Trade war: an escalating cycle of retaliatory tariffs.
  • The US–China war began with s.301 tariffs (2018). It escalated sharply in 2025 (triple-digit rates in April) before truces lowered them.

  • Retaliatory tariff: a tariff imposed in response to another country's measures.

  • India raised duties on 28 US products, including almonds, apples and walnuts, in June 2019, after the US s.232 tariffs. These were withdrawn in 2023 after a settlement.

  • Reciprocal tariff: a tariff set to mirror a partner's barriers.

  • US "reciprocal" tariffs were announced in April 2025.
  • India faced 25% (from 7 August 2025) plus a 25% Russia-oil penalty (from 27 August 2025) = 50%.
  • This was reportedly cut to 18% under the February 2026 interim framework (verify current).

Climate–trade nexus

  • The carbon border adjustment mechanism (CBAM) charges carbon-intensive imports the same carbon price domestic producers pay, to prevent carbon leakage (production moving to countries with laxer rules). The EU pioneered it under Regulation 2023/956.
  • Sectors: iron and steel, aluminium, cement, fertilisers, hydrogen, electricity.
  • Transitional (reporting-only) phase: October 2023 to December 2025. The definitive regime began on 1 January 2026, with certificate purchases phased in and free EU ETS allowances phased out by 2034 (verify current).

  • India's objections:

  • it is unilateral;
  • it conflicts with CBDR-RC (common but differentiated responsibilities, under the UNFCCC);
  • it amounts to green protectionism, meaning climate rules used as disguised trade barriers against developing countries;
  • it hits steel and aluminium exports (the EU is a major market).

  • India's answer includes the Carbon Credit Trading Scheme (CCTS, notified June 2023) under the Energy Conservation (Amendment) Act 2022, so that carbon prices paid at home can be credited.

  • Other green NTBs: the EU Deforestation Regulation (coffee, cocoa, rubber, soy, palm oil, wood, cattle). Its start date has been delayed more than once (verify current).
  • Carbon-pricing detail is in environment-sustainable-development.

Exam angles

Prelims: high-yield facts and traps

  • Theory pairings:
  • absolute advantage, Adam Smith (1776);
  • comparative advantage, Ricardo (1817), based on opportunity cost;
  • Heckscher-Ohlin, factor endowments. The Leontief paradox is its empirical challenge (US data, published 1953);
  • new trade theory, Krugman (scale economies, product variety);
  • competitive advantage and the diamond, Porter (1990);
  • RCA, Balassa (RCA > 1 means advantage);
  • Prebisch-Singer, declining commodity terms of trade;
  • trade creation and diversion, Viner.

  • "Comparative advantage requires a country to be better at producing the good" is FALSE. It needs only a lower opportunity cost.

  • Stolper-Samuelson: trade hurts the scarce factor, so there are losers even when the nation gains.
  • Tariff vocabulary:
  • ad valorem (% of value) vs specific (per unit) vs compound (both) vs mixed (whichever is higher or lower);
  • bound (legal ceiling) vs applied (actual). The gap is the binding overhang;
  • tariff escalation (duty rises with processing) vs tariff peak (above 15%);
  • TRQ = low in-quota + high out-of-quota duty;
  • ERP = (V′ − V)/V. Cutting input duties raises ERP.

  • NTB vocabulary: SPS protects life and health and must be science-based; TBT covers technical standards and labelling. VERs are prohibited (Safeguards Agreement). India removed QRs from 1 April 2001 after DS90 (1999). Textile quotas ended 1 January 2005, so NCERT's "US still keeps quotas" is outdated.

  • Trade remedies: anti-dumping (dumping + material injury + causal link) vs CVD (subsidy) vs safeguard (import surge of fairly traded goods, serious injury). DGTR (2018, Commerce) recommends; Finance imposes. Sunset review after 5 years. Customs Tariff Act s. 9A / s. 9 / s. 8B.
  • AoA boxes:
  • amber (AMS; de minimis 10% for developing, 5% for developed);
  • blue (production-limiting, uncapped);
  • green (minimal distortion, uncapped);
  • development (Art. 6.2).
  • The ERP base is 1986–88. The peace clause dates from Bali 2013 and has been indefinite since the GC decision of November 2014. India invoked it first, for rice (2018-19).

  • WTO facts:

  • GATT signed 1947 by 23 countries, applied 1948;
  • WTO from 1 January 1995, based in Geneva, with 166 members;
  • MFN (Art. I) + national treatment (Art. III) = non-discrimination;
  • the Enabling Clause (1979) is the legal basis for GSP;
  • the Appellate Body has been non-functional since 11 December 2019;
  • MPIA (2020): India is not a member;
  • TFA in force February 2017;
  • Fisheries Subsidies Agreement in force 15 September 2025;
  • the e-commerce moratorium began in 1998 and lapsed at MC14 (2026).

  • IPR matching:

  • patent: 20 years from filing;
  • copyright: life + 60;
  • trademark: 10 years, renewable;
  • GI: 10 years, renewable (Darjeeling Tea first; Registry in Chennai);
  • design: 10 + 5;
  • s. 3(d): Novartis (2013);
  • first compulsory licence: Natco–Bayer (2012);
  • PPV&FR Act 2001 and farmers' rights (branded seed excepted);
  • Nagoya Protocol for ABS; TKDL (2001);
  • utility models are NOT in Indian law; trade secrets have no statute.

  • "TRIPS Art. 23 extra GI protection covers all agricultural products" is FALSE. It covers only wines and spirits.

  • GATS modes 1–4 matched to examples (Mode 4 = movement of natural persons). TRIMS bans local-content requirements (DS456, solar).
  • Stages of integration in order: PTA → FTA → customs union (common external tariff) → common market (factor mobility) → economic union → monetary union.
  • CECA (Singapore, Malaysia) vs CEPA (Korea, Japan, UAE). India is not in RCEP.
  • Export-control regimes India belongs to: MTCR (2016), Wassenaar (2017), Australia Group (2018). Not NSG.
  • CBAM sectors: steel, aluminium, cement, fertilisers, hydrogen, electricity.

Mains: GS-II/GS-III themes

  1. Free trade vs protection in India today. Are post-2018 tariff hikes and QCOs a return to import substitution? Infant-industry logic for electronics and semiconductors; ERP and inverted duty structures; the lessons of the captive-market critique (Class 11).
  2. The WTO's crisis and relevance. Appellate Body paralysis and appeal into the void; the rise of plurilaterals (IFD, e-commerce JSI) vs consensus; S&DT and self-declared developing status; India's positions on public stockholding, fisheries, the e-commerce moratorium and investment facilitation.
  3. Food security vs trade rules. MSP procurement under the AoA; the outdated 1986–88 external reference price; the peace clause and its conditions; the stalled permanent solution and SSM; green-box shifting by developed countries (Class 10's "Debate on Trade Practices").
  4. TRIPS and public health. Section 3(d) and evergreening; compulsory licensing; TRIPS-plus pressure in FTAs (data exclusivity); lessons from the COVID vaccine waiver; GIs and TK protection; farmers' rights vs breeders' rights; biopiracy and the WIPO GRATK treaty.
  5. India's FTA strategy. From the RCEP exit to the UAE, Australia, EFTA, UK and EU deals; low utilisation; rules of origin and China-routed imports (CAROTAR); services and Mode 4 gains; trade creation vs diversion.
  6. Weaponisation of trade and economic security. Sanctions, secondary sanctions and India's energy imports; export controls and technology denial; the Art. XXI security exception; US reciprocal tariffs and India's response; CBAM and green protectionism vs climate justice (CBDR).

Current-affairs hooks

  • WTO Ministerial Conferences: MC14 Yaoundé (2026) outcomes and follow-up in Geneva on the e-commerce moratorium, "Fish 2", public stockholding and dispute-settlement reform.
  • New WTO disputes and panel reports involving India (ICT tariffs, sugar, export incentives). DGTR anti-dumping and safeguard findings on Chinese steel, chemicals and solar inputs.
  • FTA milestones: India–EU signing and ratification; India–UK CETA entry into force; India–EFTA TEPA implementation; tranches of the India–US Bilateral Trade Agreement; the ASEAN TIGA review; new CEPAs (Oman, New Zealand, Chile, Peru — verify current).
  • US tariff actions (reciprocal, s.232, s.301) and US court rulings on them; US/EU sanctions on Russia and Iran and secondary-sanction risks; China's critical-mineral export controls.
  • The EU CBAM definitive phase and EUDR timelines; India's Carbon Credit Trading Scheme.
  • IPR news: patent oppositions and compulsory-licence demands; new GI tags; PPVFR rulings; the US Special 301 report.
  • Foreign Trade Policy amendments, RoDTEP rates, the export promotion mission; the Economic Survey trade chapter; monthly trade data.

Detailed notes

  1. Why nations trade: from absolute advantage to new trade theory
  2. Free trade vs protection, and India's trade-policy journey
  3. Tariffs: forms, structure and effects
  4. Non-tariff barriers and trade facilitation
  5. Trade remedies and the discipline on subsidies
  6. From GATT to WTO: principles, development provisions and the dispute-settlement crisis
  7. Agreement on Agriculture: the boxes, public stockholding and the peace clause
  8. TRIPS and patents: innovation vs access to medicines
  9. Beyond patents: trademarks, copyright, GIs, designs, plant varieties and traditional knowledge
  10. Services, investment and digital trade
  11. Regionalism: stages of integration, FTAs and rules of origin
  12. The geoeconomic turn: sanctions, export controls, trade wars and CBAM