SUBMITTED BY: ARPIT

1120202123
BBALLB(HONS)
VII SEMESTER

SUBMITTED TO: DR SARITA

ASSOCIATE PROFESSOR OF LAW
HPNLU

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TOPIC: COUNTERFEITING AND TRADEMARK INFRINGEMENT IN SPORTS MERCHANDI

ACKNOWLEGEMENT
I would like to state that I’m greatly thankful to the guide of my assignment Dr.Sarita(Assistance Professor of Law) and the Himachal Pradesh National Law
University, Shimla for helping me throughout my venture. I would be indeed failing my duty if I forget to mention my peers, family and the once who
supported me throughout the completion of the following assignment. If it wasn’t for them, I wouldn’t have been able to complete my assignment. It is solely
the result of the combined effort that the taken-up work has been a success

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TABLE OF CONTENTS

INTRODUCTION

THE ONGOING TRADE POLICY

 TRENDS IN EXPORTS AND IMPORTS
 COMPOSTION AND DIRECTION OF EXPORTS

INDIA’S FOREIGN TRADE POLICY COMPARATIVE ANALYSIS

HISTORICAL APPROACH

EXTENSION OF FOREIGN TRADE POLICY

COURSE OF EXCHANGE

CONCLUSION

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INTRODUCTION
The Department of Commerce has the mandate to make India a major player in global trade and assume a role of leadership in international trade
organizations commensurate with India’s growing importance.
The Department devises commodity and country-specific strategy in the medium term and strategic plan/vision and India’s Foreign Trade Policy in the long
run. India’s Foreign Trade Policy (FTP) provides the basic framework of policy and strategy for promoting exports and trade. It is periodically reviewed to
adapt to the changing domestic and international scenario.
The Department is also responsible for multilateral and bilateral commercial relations, special economic zones (SEZs), state trading, export promotion and
trade facilitation, and development and regulation of certain export-oriented industries and commodities.

The ongoing Foreign Trade Policy (2015-20)

It focusses on further developing India's piece of the pie in existing business sectors and items as well as investigating new items and new business sectors.
India's Unfamiliar Exchange Strategy likewise visualizes assisting exporters with utilizing advantages of GST, intently observing product exhibitions, further
developing simplicity of exchanging across borders, expanding acknowledgment from India's agribusiness based sends out and advancing commodities from
MSMEs and work serious areas. The DoC has additionally looked to make states dynamic accomplices in trades. As a result, state legislatures are currently
effectively creating send out methodologies in view of the qualities of their separate areas.

While the outer climate plays a significant part to play in the progress of product strategies, it is likewise basic to address limitations inside India including
foundation bottlenecks, high exchange costs, complex methods, requirements in assembling and deficient expansion in India's administrations trades. India is
a signatory to the Exchange Help Understanding (TFA) at the WTO, which will add to the disentanglement and bringing down of exchange costs.

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As per current WTO rules as need might arise to progressively get rid of sponsorships and move towards basic fundamental estimates in the future ultimately.
Under the Settlement on Endowments, India has continued on from Addition VII nations of WTO on penetrating the US$ 1,000 for every capita pay
benchmark for 3 successive years in 2015.
The current Trade and Industry Clergyman Shri Piyush Goyal has likewise declared that India needs to develop from a reliance on endowments, "I don't feel
that any program or aggressive plan can run exclusively on sponsorships and government help. We need to move out of this consistent exertion and request
and make our industry genuinely aggressive and independent."
The public authority is hoping to zero in on advancing commodities of high worth added items, where India has areas of strength for an assembling base,
including designing products, hardware, medications and drugs, materials and farming. This is separated from the proceeded with push to AYUSH and the
Indian administrations area.

Around 70% of India's commodities comprise items that have quite recently 30% offer in worldwide exchange. The public authority is seeing some really
encouraging item bunches like safeguard hardware, clinical gadgets, agro-handling, specialized materials and synthetic substances.
In 2018, then Business and Industry Clergyman Shri Suresh Prabhu conceived a methodology to twofold India's products by 2025. The methodology
included conceiving a ware explicit procedure for key areas like pearls and gems, cowhide, material and clothing, designing area, hardware, synthetic
compounds and petrochemicals, pharma, agri and unified items and marine items. Region explicit procedure will cover North American International alliance
(NAFTA), Europe, North East Asia, ASEAN, South Asia, Latin America, Africa and WANA, Australia, New Zealand, and CIS.
The development of Foreign trade policy (FTP) can be grasped inside the unique circumstance
of outer elements and homegrown priorities.
India's global exchange strategy following
her autonomy in 1947 zeroed in on monetary patriotism. During 1947-1990, India's
financial improvement procedures were directed by an internal looking turn of events
system in view of the possibility of confidence and newborn child industry strategy for example animating

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local industrialization and import-replacement and negligible dependence on global exchange. The Import Replacement Industrialization (ISI) limited
imports by supporting native creation and concurring need to homegrown use in the creation. Such exchange strategy pursuit affected the idea of
incorporation with the world economy.
Somewhat recently of the twentieth hundred years, India experienced a significant macroeconomic and equilibrium of instalment emergency which drove her
to reexamine her exchange strategy. The ongoing record shortage remained at a record 3.2 percent of Gross domestic product in 1990 with expansion
surpassing 10% also, unfamiliar trade saves as low as scarcely adequate to fund imports for 2 ½months. to defeat the emergency India surrendered its internal
looking system furthermore, left on advancement process. One of the essential targets of the change process was to gradually coordinate the Indian economy
with the world. The cycle introduced moderate advancement of controls and end of optional permitting for imports and commodities.
The FTP (1997-2002) pointed toward making India an internationally situated economy by
extending its arrive at in the worldwide business sectors and working on mechanical strength. Different approaches, for example, Product Advancement
Capital Merchandise Plans (EPCG), High level Permit Plan and 100 percent unfamiliar value support in Product Arranged Units (EOUs)worked with in
accomplishing such targets.
For trade advancement, the FTP (2004-09) presented many plans like the 'Focus In addition to's under which exporters accomplishing a quantum
development in trades were entitled to obligation free credit in view of steady commodities considerably higher than the general genuine commodity target
fixed. Another plan, called the Deregulation and Warehousing Zone (FTWZs) was acquainted with make exchange related foundation to work with import
and commodity of Labor and products with opportunity to make exchange exchanges convertible monetary forms. For the turn of events and foundation of
these zones 100% FDI was permitted as well as different advantages as relevant for units in SEZs. Alterations were moreover made to speed up development
in product of administrations. In this regard, Obligation Free Commodity Credit (DFEC) Plan was patched up into 'Served from India Plan (SFIS). In view to
expand send out development, the FTP for the period 2009-2014 sent off new drives like the Center Market Plan (FMS) and Center Item Plan (FPS). FTP
(2009-2014) presented the FMS with a dream to help exporters in contending with unfamiliar commodity market against high cargo cost and different
externalities. This FTP saw expansion of new business sectors, covering Africa, Latin America and enormous piece of Oceania under FMS as well as Market
Connected Center Item Plan (MLFPS). Motivations accessible under FMS were expanded from 2.5 percent to 3 percent and for FPS and MLFPS from 1.25
per penny to 2 percent. The FTP additionally accommodated EPCG Plan at zero obligation for determined sectors. The current FTP for the period 2015-2020,
reported on April 1, 2015, centers around supporting both assembling and administrations sends out and working on the 'Simplicity of Doing Business'. In
doing as such, it means to build India's commodities to US$ 900 billion by 2019-20. To give a push to unfamiliar speculations and make it more
computerized cordial, it likewise started ‘Make in India' and 'Computerized India' programs.

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The six different schemes of the earlier FTPs (Focus Product Scheme, Market Linked Focus Product Scheme, Focus Market Scheme, Agriculture
Infrastructure Incentive Scrip, Vishesh Krishi and Gram Udyog Yojana and Incremental Export Incentive Scheme) have been merged into a single scheme,
namely the Merchandise Export from India Scheme (MEIS). This scheme allows export of specified goods to specified markets. In doing so, countries have
been grouped into three categories. Category A involves traditional markets, Category B involves emerging & focus markets and Category C refers to other
markets for grant of incentives. The government has expanded the coverage of the MEIS on October 29, 2015 by adding 110 new items. The incentive
rate/country coverage of 2228 items has been enhanced. The Served from India Scheme (SFIS) has been replaced with the Service Export from India Scheme
(SEIS) for increasing exports of notified services. It provides for incentives to all service providers of notified services who are providing services from India,
regardless of the constitution or profile of the service provider. FTP 2015-20 extends the benefits of the MEIS and SEIS to special economic zones (SEZs) as
well to give a new impetus to the development and growth of SEZs. The FTP also supports ‘Make in India’ initiatives through measures encouraging
procurement of capital goods from indigenous manufacturers under EPCG Scheme reducing Export Obligation by 75 per cent. This intends to promote
domestic capital goods manufacturing industry and enable them to develop their productive capacities for both local and global consumption.

Table: India’s Foreign Trade Policy in Comparative Perspective

1
Foreig Objectives Major Policies New / Modified
n Provisions
Trade
Policy

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1997- # To accelerate the economy from # Export Promotion Capital Goods (EPCG) Scheme:
2002 low level of economic activities to Minimize duty of imported capital goods from 15% to 10%.
high-level of economic activities by Under the zero duty EPCG Scheme, threshold limit has been
making it a globally oriented reduced from Rs. 20 crores to Rs. 2 crore for agriculture &
vibrant economy and to derive allied sectors.
maximum benefits from expanding # Advanced Licence Scheme: The period for export
global market opportunities. obligation has been extended from 12 to 18 months. Extension
#Sustained growth by providing for another 6 months on payment of 1% of the value of
access to essential raw materials, unfulfilled exports.
intermediates, components, # Duty Entitlement Pass Book (DEPB) Scheme: An
consumables and capital good exporter may apply for credit, as specified percentage of FOB
required for augmenting value of exports, made in freely convertible currency.; credit
production. can be used for import of raw materials, intermediates,
#To improve technological strength components, parts, packaging materials etc for export
and create employment purpose.
#FDI: 100% foreign equity participation in case of 100%
Export Oriented Units (EOUs), and units set up in
Export Processing Zones ( EPZs)
2002- It was integrated in FTP 2004-2009
2007
# To double percentage share of Special
global trade within 5 years and Economic Zones
2004- expand employment. covering EPZ,
2009 Free Zones (FZ),
Industrial Estates
(IE), Free Trade
Zones (FTZ), Free
Ports, Urban
Enterprise Zones
and others.
Free Trade &
Warehousing
Zones (FTWZ)
#Served from
India Scheme
(SFIS) whose

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 main objective is
to
accelerate growth in
export of

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 #The facility of duty free imports of capital goods under EP
#To arrest the declining trends in exports been
#To achieve an annual growth rate of 25 introduced for certain engineering products, electronic
2009- % upto 2014. chemicals
2014 #To double India’s exports and imports and pharmaceuticals, apparel and textiles, plastics, handic
by 2014. and
#To double India’s share in global trade allied products and leather and leather products.
by 2020. The existing three percent EPCG Scheme (that which fa
goods imports
at an import duty of three percent) has been considerab
ease its usage by exporters

#Increasing exports to US $ 900 billion by 2019-20.

#To arrest the declining trends in exports
#To increase exports of goods and #Augment manufacturing and services exports by imp
services Business’.
2015- #To generate of employment & increasing

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2020 value-addition in the country, in line with #Under the Export Promotion Capital Goods
the “Make in India” initiative. (EPCG) scheme, in case capital goods are procured
#To respond to the challenges of external from indigenous manufacturers, specific
environment, particularly the evolving export obligation has been reduced to 75 per cent.
international trade architecture. This is designed to help the indigenous
#To make trade a major contributor of capital goods manufacturing industry.
India’s economic growth and
development.
#To increase India’s share in world
exports from 2% to 3.5%.
#Trade facilitation is a priority of the
Government for cutting down the
transaction cost and time, thereby
rendering Indian exports more
competitive.

Trends in Exports and Imports

India’s exports have seen an upward trend since the new millennium.
Exports have increased from US$ 44,560.29 million in 2000-01 to US$ 3
14,405.3 million in 2013-14. Thereafter, exports have slowly declined to
reach US$ 262,290.13 million in 2015-16. Similarly, India’s imports also
increased from US$ 50,536.45 million in 2000-01 to US$ 490,736.65
million in 2012-13, and saw a downward trend with imports declining to
US$ 381,006.63 million in 2015-16.

Figure 1: India's Total Imports and Exports (2000-17)

Source: EXIM Bank, Ministry of Commerce & Industry.

Composition and Direction of Exports
An analysis of composition of commodities of exports shows
that mineral fuels, oils and waxes continues to have the largest
share in India’s export basket in the last 15 years. The
percentage share of mineral fuels since 2000-01 has gradually
increased from 4.33 per cent to 11.9 per cent in 2015-16. The
trends also show that share of pharmaceuticals and cereals have
increased over the last 15 years. In 2000-01, the share of
pharmaceuticals stood at 2.12 per cent and in 2015-16 its share

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was 4.92 per cent. Similarly, the percentage share of cereals in
2000-01 was 1.66 per cent, which rose to 2.39 per cent in 2015-
16. (Fig. 2 & 3)
Figure 2

Source: EXIM Bank, Ministry of Commerce & Industry.

Figure 3

Source: EXIM Bank, Ministry of Commerce & Industry.

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HISTORICAL APPROACH
India's foreign trade policy which was highly restrictive during the first few five year plans of
the economy to allow the country to become self-sufficient eventually liberalized partially in
1980s and fully liberalized during 1991-92 as a result of changing macro-economic
situations.
The development of foreign exchange during the two centuries can be separated into
following inconsistent periods: 1757 to 1813, 1814 to 1857, 1858 to 1914, and from 1915 to
1947.The primary time frame — the early long stretches of the English East India
Organization (EIC) is known as the 'period of mercantilism'. During the period viable
exchange insights isn't accessible. Notwithstanding, some kind of institutional changes in
exchange occurred during this period. During the eighteenth 100 years, Indian unfamiliar
exchange was essentially directed by the English, Dutch, French, and Portuguese dealers and
traders. In any case, the upheaval of 1757 reinforced the matchless quality of the English
EIC. Simultaneously, the EIC hoarded exchange and removed different dealers and
merchants.
During this period, the synthesis of exchange depended on a trade of calico, Flavors and
staple and other unrefined components for valuable bullion (i.e., gold and silver) imported
from Europe. The subsequent period dating from 1814 to 1857 saw a few central underlying
changes in the piece of exchange when India was decreased to a simple provider of farming
items in return for imports of completed produced articles. The third time frame covering
around a long time from 1858 to the flare-up of The Second Great War showed pretty much
similar primary elements connecting with the example of exchange. This period saw the rise
of multilateral exchange. During the between war period, India's unfamiliar exchange was of
a rollercoaster assortment — portrayed by blast and downturn and restoration.

EXTENSION OF FOREIGN TRADE POLICY

Extension of exchange alongside the development of rail route bore the stamp of developing
flourishing of India as was told by the outsider ruler. They valued this peculiarity, truth be
told. Yet, patriots harped on the 'negative reasonableness'. They contended that the genuine
advancement of the country didn't lay on the volume and the worth of exchange. The
example of exchange that the Britishers founded in this nation was actually the reason for
most extreme concern. In reality, it created an adverse consequence on the Indian economy
from which it couldn't recuperate even after 1947.

Preceding the institution of the Contract Demonstration of 1813, all merchandise entering or
leaving India must be delivered by the English EIC. Such an institutional limitation (or the
restraining infrastructure of unfamiliar exchange) disappeared with the death of the Sanction
Demonstration of 1813. In spite of the level-battleground made by this Demonstration, India's
exchanging joins with the English world had no lined up till 1947.
The time of modern private enterprise covering the period from 1814 to 1858 saw the rise of
an exchange strategy famously known as 'streamlined commerce' strategy. Through this
instrument of exchange, Indian economy was made pioneer and ward economy in light of

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world private enterprise. Leaving to the side this subjective part of exchange, let us
investigate the quantitative part of exchange.
Toward the start, it should be recollected that, before 1834-35, exchange insights were
lacking to respond to a ton of inquiries. This can be ascribed to the different money
frameworks winning in Bengal, Madras, and Bombay through which the main part of India's
ocean borne exchange passed. Thus, arrangement of exchange information on an all-India
premise was for all intents and purposes unthinkable.
The growth of India’s export trade has imposed a disproportionate burden on the
agriculturists and forced them to sell ‘non-paying’ crops like cotton on unfavourable
‘real’ terms of exchange.”
The structure of India's imports and products went through an extreme change during the
nineteenth hundred years. Preceding 1813, she was fundamentally an exporter of made
articles and shipper of bullion and extravagance items. Such example of exchange went
through an ocean change because of India's frontier status, the predisposition being
predominantly towards the product of rural unrefined substances and food-grains and the
import of made merchandise particularly cotton yarn and fabric. Potentially such changes in
send out exchange began from outside. Under the powerful effect of modern transformation
that occurred in Britain during the eighteenth hundred years, the cotton material industry had
been revolutionised. Presently a better and less expensive assortment of cotton fabric came to
India which brought about a significant change in the creation of commodity exchange.
Cotton piece merchandise, indigo, crude silk and opium were the chief product things
somewhere in the range of 1814 and 1850.

Course of Exchange:
The dynamism in India's unfamiliar exchange is reflected toward its. India had an exchanging
join basically with Extraordinary England, since it held a virtual imposing business model of
all the European exchange. In the early long periods of the English rule in India, rival brokers
of Holland, France, and Portugal were expelled. Extraordinary England's transcendence in the
domain of unfamiliar exchange is made sense of regarding transaction of different elements.
India's foreign exchange got an extraordinary shock under the effect of the Economic crisis of
the early 20s. During the downturn years, the English Domain as well as Extraordinary
England saw a declining pattern in their portion of import. Nonetheless, taking everything
into account, Incredible England and the English Realm extraordinarily recuperated their
situation.
The reception of the Majestic Inclination following the Ottawa Arrangement in 1932 pointed
toward redirecting Indian commodities towards Extraordinary England and the English
Domain. However the portion of Extraordinary England in brings into India declined from
35.5 p.c. in 1931-32 to 30.5 p.c. in 1938-39 disregarding Magnificent Inclination, her portion
in trades enlisted an enormous increment from 44 p.c. to 54 p.c. However Germany advanced
her position marginally, the similar predominance of the USA in the portion of imports was
broken.

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The heading of India's unfamiliar exchange during WWII was set apart by the accompanying
elements:
(I) Progressive shroud of Extraordinary England share;
(ii) Yet slow expansion in the portion of the Realm nations;
(iii) Overshadowing of Germany and Japan in the Indian market; and
(iv) An ascent in exchange with the USA, Center East, and the Far East.

CONCLUSION
At any rate, the geological dispersion of exchange that had changed after some time bringing
about a rotating rise and fall of a couple of nations should be credited to the progressions in
the product piece of exchange. With the development of new products and imports following
industrialisation as well as reorientation of the rural area, we saw nations like USA and Japan
to arise as the developing exchanging accomplices.
As Extraordinary England lost her relative benefit in the product and import exchange,
different nations laid out their predominance, however the general portion of the English
Realm was excessively enormous since India was the most worthwhile settlement of Britain.
Imposing business model situation in exchange made sense of her prevalence.
The strategy of the English Government has been portrayed as one of "directed
underdevelopment" whose fundamental thought process was to help lay out "a natural
substance one-sided trade economy in India", as remarked by Tappan Roy Choudhuri.

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