./.RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/147
13 July 1999
(99-2880)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
WORK PROGRAMME ON ELECTRONIC COMMERCE
Communication from India
The following communication has been received by the Secretariat from the Permanent
Mission of India on 8 July 1999.
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1. Electronic commerce is a new and complex area for many Members, including India.  The
Secretariat's paper IP/C/W/128 lists out very lucidly so me key issues that need to be appreciated in the
context of the applicability of existing IPR standards and rules to electronic commerce.  Based on the
discussions held so far, it would be unrealistic to assume that all IPR related aspects of electronic
commerce have been addressed, including the dynamism that underpins its growth and diversity.
2. The Work Programme on Electronic Commerce established by the General Council,
mandates the examination of three issues, in particular, by the TRIPS Council.  First, the protection
and enforcement of copyrights and related rights.  India believes that the work underway in WIPO
could be considered in conjunction with the scope and applicability of the TRIPS Agreement to
electronic commerce.  Horizontal issues relating to jurisdiction and territoriality may be of particular
relevance, in addition to the possible new dimensions on enforcement of such rights.
3. Second, the protection and enforcement of trademarks.  Issues of public interest exceptions
and questions relating to definition of publication and rights of reproduction may need special
consideration in view of the technological differences created by electronic commerce.  The issue of
domain names and their status in the context of IPRs also needs special attention.  At present, domain
names do not have the status of trademarks.  Thus, substantive elements of trademarks law would
need to be examined.  A key consideration in this examination would be whether the TRIPSAgreement can mutatis mutandis  apply to domain names.
4. India believes that intrinsically related to both the protection and enforcement of copyrights
and related rights as well as of trademarks, is th e issue of control on assignment of domain names and
regulations necessary for addressing all such concerns relating to IPRs including inter alia  jurisdiction
and territoriality.  While India appreciates that electronic commerce should be free of excessive
governmental interference, it would be premature to reach any conclusion in this regard.  Discussions
in the WTO as well as in WIPO should not suggest precluding the possibility of an alternative
mechanism of assignment of domain names to the one emerging at present.
5. Third, on new technologies and access to technology, India has already flagged concerns on
transfer and dissemination of technology as an unachieved objective in the TRIPS Agreement and
elsewhere in the WTO.  These concerns would also need to be addressed in the context of electronic
commerce.  Enforcing effective competition for a level playing field, especially for small and medium
enterprises, may also have to be addressed.  Deregulation and liberalization alone may not be theanswer to transfer and dissemination of technology as has been evidenced in other areas of business.IP/C/W/147
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The development dimension of electronic commerce would therefore need to be integrated in the
discussions in the TRIPS Council.
6. It is clear that these concerns as well as other raised by Members need time to be understood
and addressed, and that the debate on electronic commerce needs to be made more intensive and widebefore any views on future action can evolve.  India reserves the right to revert to these issues later.
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