All posts by KAVALJIT SINGH

The RCEP Negotiations: From One Round to Another to Another…

By Shalini Bhutani | Commentary | June 5, 2017

It is not without reason that a session for the negotiation of trade rules is referred to as a round. It can go on in circular motion, sometimes with little or no substantive progress. So it may seem after the last round of talks on the Regional Comprehensive Economic Partnership (RCEP). For the sticky issues remain and the details of progress, if any, are not available to the public. CSOs often have to go around in circles seeking details.

Manila

The…

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Do We Need a Multilateral Instrument on Investment Facilitation?

By Kavaljit Singh | Briefing Paper # 19 | May 2017

Currently, there are no multilateral rules on international investment. But there is a concerted push by China, Brazil, Russia and Argentina to start formal discussions on a multilateral instrument on investment facilitation at the World Trade Organization (WTO). In the past few weeks, five proposals have been submitted to the General Council – the highest decision-making body of the WTO – to initiate discussions on a multilateral instrument on investment facilitation with the intention of possible deliverables at the…

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The Banking Regulation (Amendment) Ordinance, 2017: A Critique

By E.A.S. Sarma | Guest Blog | May 8, 2017

The recently issued Banking Regulation (Amendment) Ordinance is perceived by many as a magic bullet to resolve the NPA crisis that has overtaken the banking sector in India. The Ordinance authorises the Reserve Bank of India (RBI) to initiate insolvency resolution in respect of a defaulting company under the Insolvency and Bankruptcy Code, 2016, to issue directions to banks to resolve their stressed assets and institute committees to “advise” banks on resolution of stressed assets.

While the Ordinance certainly empowers…

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Eli Lilly’s ISDS Patent Claim against Canada Defeated

By Brook K. Baker | Guest Blog | April 6, 2017

In an unprecedented case, Eli Lilly initiated an amended investor-state-dispute-settlement (ISDS) claim against the government of Canada in 2013 after Canada’s highest courts upheld invalidations on new therapeutic use patents for two chemical compounds – olanzapine and atomoxetine, the active pharmaceutical ingredients of Strattera and Zyprexa respectively. The courts had ruled that Canada’s well established “promise utility doctrine” was not satisfied because the evidence provided by Eli Lilly at the time of its patent applications did not support the…

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Understanding RCEP and India’s Position

By Shalini Bhutani | e-Pamphlet | March 30, 2017

This e-pamphlet explains the proposed Regional Comprehensive Economic Partnership (RCEP), a mega-regional free trade agreement at the door of Asia Pacific, in easy-to-understand format. It outlines India’s current position on key elements of the proposed pact and highlights key sectoral concerns on agriculture, trade in goods and services, intellectual property, public health and investment protection. The e-pamphlet provides links to ‘leaked’ texts from the negotiations and a list of additional resources.

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