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What are the Rules of Origin under the India-ASEAN TIG Agreement?

What are the Rules of Origin under the India-ASEAN TIG Agreement?

The products under the India-ASEAN TIG Agreement must meet the triple criteria of (i) tariff classification change (change in tariff sub-heading, CTSH), (ii) regional value addition i.e., the ASEAN-India Free Trade Agreement (AIFTA) content of not less than 35% of the Free on Board (FOB) value and (iii) substantial manufacturing/processing excluding minimal operations like repackaging, simple assembly/disassembly of parts, etc. The origin is proved by a Certificate of Origin at the time of import declaration.

For exporters from India, the Certificate must be issued at the time of exporting the good in order to certify that the product originates in India. Ministry of Commerce & Industry authorises certain agencies to issue Certificates of Origin for Indian exporters.

Trademark is generally referred to as a “brand” or “logo”.

A trademark can be a word, symbol, logo, brand name, wrapper, packaging labels, tagline or a combination of these and are used by manufacturers or merchants or service providers to identify their own goods and/or services. It is used to distinguish the owners’ goods or services from those of its competitors and is something that will be distinctive of just one trader. Properly used and promoted, a Trademark may become the most valuable asset of a business.

Trademarks should not be confused with trade names. While trade names can also serve as trademarks, registration of a company or business name under the Companies Act does not in itself give protection against others who might commence using identical or similar marks.

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