Sub-Sector
Industrial Classification: NIC 308
Type of Reservation: National Treatment (Article 10.3) Performance Requirement (Article 10.5), Senior Management and Boards of Directors (Article 10.6)
Description: India reserves the right to adopt or maintain any measure which is non-conforming to the obligations with respect to manufacture of industrial explosives, safety fuse, detonators, fireworks sector, including manufacture, use, sale, storage, transport, importation, exportation and possession of arms and explosives
Existing Measure
Article 16. Manufacturing
Sector: Manufacture of Hazardous chemicals
Sub-Sector
Industrial Classification
Type of Reservation: National Treatment (Article 10.3), Performance Requirement (Article 10.5)
Description: India reserves the right to adopt or maintain any measure which is non-conforming to the obligations with respect to regulating the manufacture, use, sale, storage, transport, importation, exportation and possession of hazardous chemicals
Existing Measure
Article 17. Manufacturing
Sector: Tobacco stemming, manufacture of bidi, manufacture of cigarettes and cigars of tobacco and tobacco products
Sub-Sector: Stemming of tobacco, redrying and all other operations connected with preparing raw leaf tobacco; manufacture of bidi, cigars, cigarettes, snuff, chewing tobacco.
Industrial Classification: ISIC 16 & 1600, NIC- 225, 226, 227, 228 and 229
Type of Reservation: National Treatment (Article 10.3), Performance Requirement (Article 10.5)
Description: India reserves the right to adopt or maintain any measure which is non-conforming to the obligations with respect to regulating the manufacture, sale, use, transportation, import, export of tobacco and tobacco products
Existing Measure
Article 18.
Sector: All Services Sectors
Sub-Sector
Industrial Classification
Type of Reservation: National Treatment (Article 10.3) Performance Requirement (Article 10.5), Senior Management and Boards of Directors (Article 10.6)
Description: India reserves the right to adopt or maintain any measure relating to investments in services sectors subject to the condition that they do not violate the obligations under the Services Chapter.
Existing Measure
Article 19.
Sector: All Sectors
Sub-Sector
Industrial Classification
Type of Reservation: Performance Requirement (Article 10.5), Senior Management and Boards of Directors (Article 10.6)
Description: India reserves the right to adopt or maintain any measure relating to investments as per the laws and regulations framed by the State Governments.
Existing Measure
Article 20.
Sector: All Sectors
Sub-Sector
Industrial Classification
Type of Reservation: National Treatment (Article 10.3) Performance Requirement (Article 10.5), Senior Management and Boards of Directors (Article 10.6)
Description: India reserves the right to adopt or maintain any measure that accords rights or preferences to economically backward regions or groups in the interest of balanced development of the economy and maintenance of social equality.
Existing Measure
Article 21.
Sector: All Sectors
Sub-Sector
Industrial Classification
Type of Reservation: National Treatment (Article 10.3) Performance Requirement (Article 10.5), Senior Management and Boards of Directors (Article 10.6)
Description:
India reserves the right to adopt or maintain any measure with regard to transfer or disposition of equity interests or assets held by the State enterprises or Governmental authorities.
India reserves the right to adopt or maintain any measure with respect to the transfer of all or any portion of services provided in the exercise of the governmental authority.
Such a measure shall be implemented in accordance with the provisions of Article 10.7 (Transparency) in the Investment chapter.
For the purposes of this reservation:
A state-owned enterprise shall mean any enterprise owned or controlled by the Government of India or any of the State Governments by means of equity ownership and shall include any enterprise created, on or after the effective date of this Agreement, for the sole purpose of selling or disposing of equity interests or assets of an existing state-owned enterprise or government entity.
Existing Measure
Article 22.
Sector: Acquisition of Land
Sub-Sector
Industrial Classification
Type of Reservation: National Treatment (Article 10.3)
Description: India reserves the right to adopt or maintain any measure with respect to the acquisition of agricultural land by non-residents and acquisition of land by non-residents for agriculture or plantation activity.
Existing Measures
Chapter ELEVEN. COMPETITION
Article 11.1. PURPOSE
The purposes of this Chapter are to contribute to the protection of the benefits of trade liberalisation through cooperation in the promotion of fair competition and to strengthen the Parties’ cooperation and coordination on competition law enforcement.
Article 11.2. DEFINITIONS
For the purposes of this Chapter:
competition law includes:
(a) for Korea, the Monopoly Regulation and Fair Trade Act (LAW No. 8863, 29 February 2008), as amended;
(b) for India, the Competition Act 2002, as amended; and
(c) any changes that the legislations in subparagraphs (a) and (b) may undergo after the date of entry into force of this Agreement; and
competition authority means:
(a) for Korea, the "Fair Trade Commission"; and
(b) for India, the "Competition Commission of India"; and "Competition Appellate Tribunal".
Article 11.3. CONSULTATIONS
Upon the request of either Party, the Parties may enter into consultations regarding matters arising under this Chapter, including the elimination, subject to their respective competition laws, of anti-competitive practices that affect trade or investment between the Parties.
Article 11.4. COOPERATION
1. The Parties recognise the importance of cooperation between them and consultation between their respective competition authorities for effective competition law enforcement.
2. After coming into force of the Competition Act of India in its entirety, consultations between the Parties and the respective competition authorities may be undertaken as appropriate on various matters relating to competition, including capacity building, exchange of information, notification procedures and principles of comity.
Article 11.5. NON-APPLICATION OF DISPUTE SETTLEMENT PROVISIONS
Chapter Fourteen (Dispute Settlement) shall not apply to any matter or dispute arising under this Chapter.
Chapter TWELVE. INTELLECTUAL PROPERTY RIGHTS
Article 12.1. DEFINITIONS
For the Purposes of this Chapter:
PCT means the Patent Cooperation Treaty administered by the World Intellectual Property Organization;
CGPDTM means the Office of the Controller General of Patents, Designs and Trademarks of the Republic of India; and
KIPO means the Korean Intellectual Property Office of the Republic of Korea. ARTICLE 12.2: GENERAL OBLIGATIONS
Each Party reaffirms its rights and obligations under the TRIPS Agreement, and, in accordance with that Agreement, shall provide adequate and effective protection to intellectual property rights of the nationals (natural or juridical persons) of the other Party in its territory.
Article 12.3. MORE EXTENSIVE PROTECTION
Each Party may provide in its laws more extensive protection of intellectual property rights than is accorded under the TRIPS Agreement, provided that it is not inconsistent with this Agreement.
Article 12.4. ENFORCEMENT
The Parties shall provide in their respective laws for the enforcement of intellectual property rights consistent with the TRIPS Agreement.
Article 12.5. COOPERATION IN THE FIELD OF INTELLECTUAL PROPERTY
1. The Parties, recognising the growing importance of intellectual property rights as a factor of social, economic and cultural development, shall endeavour to enhance their cooperation in the field of intellectual property.
2. The Parties, in particular, may cooperate in the following areas:
(a) education, workshops, fairs, etc., in the field of intellectual property for the purposes of contributing to a better understanding of each other's intellectual property policies and experiences;
(b) international search and international preliminary examination under PCT, and facilitation of international patenting process;
(c) joint prior art search, including exchanging prior art search result, comparing search result, and reviewing differences of search result;
(d) licencing of intellectual property, and market intelligence for intellectual property protection;
(e) plant variety protection;
(f) personnel interchange, including examiners; and (g) information systems on intellectual property.
3. The Parties may promote cooperation on intellectual property between the KIPO of Korea on one side and the CGPDTM of India, on the other, through separate arrangements as mutually agreed.
Article 12.6. NON-APPLICATION OF DISPUTE SETTLEMENT PROVISIONS
Chapter Fourteen (Dispute Settlement) shall not apply to any matter or dispute arising under this Chapter.
Chapter THIRTEEN. BILATERAL COOPERATION
Article 13.1. TRADE AND INVESTMENT PROMOTION
1. The Parties, recognising that the exchange and collaboration between the enterprises of the Parties will act as a catalyst to promote trade and investment, shall cooperate in promoting trade and investment activities by public and private enterprises of the Parties.
2. The Parties shall review the cooperation set forth in paragraph 1 and, where appropriate, recommend ways or areas of further cooperation between the Parties.
Article 13.2. ENERGY
1. The Parties, recognising the importance of energy in their respective economies, shall develop and promote cooperative activities in the field of energy.
2. The cooperation pursuant to paragraph 1 may include, but is not limited to the following forms:
(a) facilitation of cooperation between the public and private sectors of both Parties for the purpose of oil, gas and mineral resources exploration;
(b) facilitation of cooperation between the public and private sectors of both Parties in the field of strategic storage of crude oil, energy conservation and development of alternative fuels; and
(c) facilitation of cooperation between research institutes and universities of both Parties, including joint research and development projects.
Article 13.3. INFORMATION AND COMMUNICATIONS TECHNOLOGY
1. The Parties, recognising the rapid development of Information and Communications Technology (hereinafter referred to as “ICT”) and of business practices concerning ICT-related services both in the domestic and the international contexts, shall cooperate to promote the development of ICT and ICT-related services with a view to obtaining the maximum benefit of the use of ICT for the Parties.
2. The cooperation pursuant to paragraph 1 may include, but is not limited to the following forms:
(a) promoting dialogue on policy issues;
(b) promoting cooperation between public and private sectors of the Parties;
(c) enhancing cooperation in international fora relating to ICT; and
(d) undertaking other appropriate cooperative activities.
3. The cooperation pursuant to paragraph 1 may include, but is not limited to the following areas:
(a) development, processing, management, distribution and trade of digital contents;
(b) business opportunities in third markets; and
(c) mutual recognition of professional ICT certification.
Article 13.4. SCIENCE AND TECHNOLOGY
1. The Parties, recognising the importance of science and technology in their respective economies, shall develop and promote cooperative activities in the field of science and technology.
2. The cooperation pursuant to paragraph 1 may include, but is not limited to the following forms:
(a) exchange of scientists, researchers, and experts;
(b) exchange of documentation and information of a scientific and technological nature;
(c) exchange of science and technology policy and research and development systems;
(d) joint organisation of seminars, symposia, conferences and other scientific and technological meetings including Technology Summit;
(e) implementation of joint research and development activities in fields of mutual interest as well as exchange of the results of such research and development activities;
(f) cooperation in the commercialisation of the results of scientific and technological activities; and
(g) any other forms of scientific and technological cooperation agreed upon by the Parties.
3. The cooperation pursuant to paragraph 1 may include, but is not limited to the following areas:
(a) nanoscience and technology;
(b) biotechnology;
(c) information technology;
(d) advanced materials;
(e) high energy physics;
(f) space technology; and
(g) science and technology policy and research and development systems.
Article 13.5. SMALL AND MEDIUM ENTERPRISES
1. The Parties, recognising the fundamental role of small and medium enterprises (hereinafter referred to as "SMEs") in maintaining the dynamism of their respective national economies, shall cooperate in promoting close cooperation among SMEs as well as the relevant agencies of the Parties.
2. The cooperation pursuant to paragraph 1 may include, but is not limited to the following forms:
(a) establishing networking opportunities for SMEs of the Parties to facilitate collaboration or sharing of best practices, such as in the field of management skill development including training programmes for SME managers, technology transfers, product quality improvements, supply-chain linkages, information technology, access to financing and technical assistance;
(b) facilitating the investment flows by the Parties;
(c) supporting the organisation of fairs and exhibitions; and
(d) encouraging their relevant agencies to discuss, cooperate and share information and experiences in the development of SMEs policy and programmes.
Article 13.6. INFRASTRUCTURE AND TRANSPORTATION
1. The Parties, acknowledging the importance of infrastructure and transportation in their respective economies, shall develop and promote cooperative activities in these fields.
2. The cooperation pursuant to paragraph 1 may include, but is not limited to the following areas: