New Approach

During the last few years India is adopting a new approach and initiatives towards the economic and social development of the country. The new vision and approach of the Government of India is evident in the various new policy announcements and initiatives introduced by the various Ministries/departments under the Government of India. Few of these new initiatives around our project priority sectors/topics are briefed in this section..

Generic:

A new Bureau of Indian standards (BIS) Act 2016 which was notified on 22 March 2016, has been brought into force with effect from 12 October 2017. The Act establishes the Bureau of Indian Standards (BIS) as the National Standards Body of India. The BIS act 2016 has replaced the old Bureau of Indian Standards Act 1986 and clearing the path to bring more products under the voluntary/mandatory standard regime. The Bill recognizes BIS as a National Standards body with international recognition to represent country in several multilateral & bilateral forums. One of the prominent highlights of the bill is that it gives the BIS the authority and power to withdraw sub-standard products from the market. The bureau may recall goods or articles which are already out for sale or supply. The Bill allows the central government to notify certain goods, articles, etc. which will need to compulsorily carry a standard mark – if it thinks them to be necessary for (i) public interest or for the protection of human, animal or plant health, (ii) safety of the environment, (iii) prevention of unfair trade practices, or (iv) national security For a copy of Bill please click here

Bureau of Indian Standards (BIS) notified “BIS (Conformity Assessment) Regulations, 2018” under the BIS Act, 2016. These will be required for grant of License to use or apply a Standard Mark on any article or goods notified under the Conformity Assessment Schemes specified in Schedule-I of these Regulations, application shall be made to the Bureau, if the articles or goods conform to an Indian Standard or specified requirements. The manner, fee, terms and conditions for grant, operation, suspension, renewal, non-renewal, and cancellation of such Licenses are as specified in these Regulations. For more information about BIS (Conformity Assessment) Regulations, 2018, please click here and amendments are available here

Bureau of Indian Standards (BIS), vide notification no. G.S.R. 584(E) dated June 25, 2018, had notified the Bureau of Indian Standard Rules, 2018. These Rules have been notified in supersession of the Bureau of Indian Standards Rules, 1987 in so far as they relate to Chapter IV A of the said rules, and in supersession of the Bureau of Indian Standards Rules, 2017 except as respects things done or omitted to be done before such supersession.

The Consumer Protection Act, 2019 was introduced to replace the Consumer Protection Act, 1986. The main objective of the Consumer Protection Act 2019 is to protect the interests of the consumers and to establish a stable and strong mechanism for the settlement of consumer disputes. The act has defined Six consumer rights including the right to: (i) be protected against marketing of goods and services which are hazardous to life and property; (ii) be informed of the quality, quantity, potency, purity, standard and price of goods or services; (iii) be assured of access to a variety of goods or services at competitive prices; and (iv) seek redressal against unfair or restrictive trade practices. Under section 10 of the Consumer Protection Act, 2019, the government has set up a Central Consumer Protection Authority (CCPA) to promote, protect and enforce the rights of consumers. CCPA carries out the following functions, including: (i) inquiring into violations of consumer rights, investigating and launching prosecution at the appropriate forum; (ii) passing orders to recall goods or withdraw services that are hazardous, reimbursement of the price paid, and discontinuation of the unfair trade practices, as defined in the Bill; (iii) issuing directions to the concerned trader/ manufacturer/ endorser/ advertiser/ publisher to either discontinue a false or misleading advertisement, or modify it; (iv) imposing penalties, and; (v) issuing safety notices to consumers against unsafe goods and services. For more information about Consumer Protection Act, 2019, and other related documents, please click here

To effectively perform its responsibility as the NSB of India, Bureau of Indian Standards (BIS) released a Standards National Action Plan (SNAP) on 29 March 2019. The plan supplements the Indian National Strategy for Standardization (INSS) which the Indian Ministry of Commerce and Industry released in June 2018.

Objectives of SNAP:

• Identification of standardisation needs and enhancing stakeholder involvement.
• Making standardisation processes efficient and fast.
• Ensuring harmonious standardisation activities in the country.
• Increased participation and involvement in international standardisation activities.
• Increasing awareness and implementation of standards.
The plan was developed based on stakeholder consultations which identified key issues such as the need for establishing a regular feedback mechanism on standards, and constraints for participation in national and international standardisation. The action plan has prioritized standardization issues ranging from engineering to services, Internet of Things (IOT) to Artificial Intelligence (AI) and smart cities to e-mobilities. ‘Smartness’, ‘Sustainability’ and ‘Services’ would be the key to future standardization. Read more about SNAP 2019

Indian National Standardization Strategy (INSS)

The Department of Commerce, Government of India released Indian National Strategy for Standardization (INSS) in June 2018. The Strategy considers the current state of development across sectors, the existing quality infrastructure, and the policy directions in relation to domestic economic developments and trade in goods and services. It is the result of a broad consensus arrived over consultations held over a four-year period from 2014 to 2017 through national and regional standards conclaves that attracted wide participation of experts and stakeholders from union and state governments, industry, regulatory bodies, national and overseas standards and conformity assessment bodies, academics, and international forums. The INSS addresses four broad pillars of the Quality infrastructure, viz Standards development, Conformity assessment and accreditation, and Technical Regulations and SPS measures, and awareness and education. It determines the critical role for each and sets goals in each area. Each goal is supplemented by a brief description of the background conditions and recommends specific activities that need to be undertaken for its realization. It takes into account the needs and expectations of all stakeholders and accords the interests of MSMEs a high consideration. Read more about INSS 2018


National Intellectual Property Rights (IPR) Policy

The National Intellectual Property Rights (IPR) Policy 2016 was adopted on 12th May 2016 as a vision document to guide future development of IPRs in the country. The Policy recognises the abundance of creative and innovative energies that flow in India, and the need to tap into and channelize these energies towards a better and brighter future for all. The National IPR Policy is a vision document that encompasses and brings to a single platform all IPRs. It views IPRs holistically, taking into account all inter-linkages and thus aims to create and exploit synergies between all forms of intellectual property (IP), concerned statutes and agencies. It sets in place an institutional mechanism for implementation, monitoring and review. It aims to incorporate and adapt global best practices to the Indian scenario.

Standard Essential Patents (SEPs) and their availability on Fair, Reasonable, and Non-Discriminatory (FRAND) terms

The Department of Industrial Policy and Promotion has published a discussion paper on standard essential patents and their availability on fair, reasonable and non-discriminatory terms, with the objective of inviting views and suggestions from the public at large to develop a suitable policy framework to define the obligations of Essential Patent holders and their licensees. This paper aims to sensitize the stakeholders, concerned organization and citizens towards need and importance of regulating SEPs as well as facilitating their availability at Fair, Reasonable and Non-Discriminatory (FRAND) terms. By igniting the deliberations on this subject, the department hopes to take a step forward towards achieving the national development and technological goals by protecting private Intellectual Property Rights while securing interest of public at large. Download the DIPP Discussion paper on Standard Essential Patents and their availability on FRAND terms.




Information and Communication Technology (ICT)


National Digital Communications Policy 2018

In September 2018, Government of India released the National Digital Communications Policy-2018 (NDCP2018) to achieve the goal of digital empowerment and well-being of the people of India; and towards this end, attempts to outline a set of goals, initiatives, strategies and intended policy outcomes.

Following key objectives of the policy are to be achieved by 2022:

• Provisioning of Broadband for All
• Creating 4 million additional jobs in the Digital Communications sector
• Enhancing the contribution of the Digital Communications sector to 8% of India’s GDP from ~ 6% in 2017
• Propelling India to the Top 50 Nations in the ICT Development Index of ITU from 134 in 2017
• Enhancing India’s contribution to Global Value Chains
• Ensuring Digital Sovereignty

Draft Data Centre Policy 2020

Ministry of Electronics and Information Technology has been deliberating on various aspects of digital personal data and its protection, and has formulated a draft Bill, titled ‘The Digital Personal Data Protection Bill, 2022’. The purpose of the draft Bill is to provide for the processing of digital personal data in a manner that recognizes both the right of individuals to protect their personal data and the need to process personal data for lawful purposes, and for matters connected therewith or incidental thereto. The draft Bill employs plain and simple language to facilitate ease of understanding and is available on Ministry’s website at https://www.meity.gov.in/data-protection-framework, along with an Explanatory note that provides a brief overview of its provisions, which is available here. Read More


Policy for adoption domestic/international standards by TEC

It is important that the Standards developed, or International Standards transposed by TSDSI (or any other SDO) are adopted by TEC for use in India nationally rather than simply relying on the use of these Standards themselves. In view of this, a committee was constituted in TEC to formulate the policy for ratification/adoption of TSDSI/international standards. In this context, following points have been considered while formulating this policy and are worthy of consideration.

• The national adoption of the international standards transposed by TSDSI or developed by any other SDO clearly indicates to the Standards-using community that the respective Standard has been reviewed and endorsed by TEC and found to be relevant to the economic efficiency or safety of the Indian community.
• It clearly indicates that the TEC has determined that the Standard adopted is used internationally by Indian trading partners and is not enshrining obsolete or little used technologies or practices.
• It enables, where appropriate, the selection of options for local usage that are provided for in some international Standards.
• It expands the portfolio of Indian Standards coverage and thus encourages those seeking standardization information to seek it from within Indian Standards.
• It provides Indian standards using community with the adopted international standard at a price that may be significantly lower than the international standard and thus encourage more use of standards for the benefit of trade and the Indian community.
• TSDSI or any other SDO in India may under its prescribed bylaws may be required to get the standard transposed/ developed by it ratified / adopted from DOT.
• It is the policy of TEC DOT to align Indian national Telecom Standards with International Standards as far as feasible.
Click here for Policy for adoption of domestic/international standards by TEC Standardization Guide and Click here for Standardization Guide