Indo-US Business l Bi-monthly l   Issue: Feb-Mar 08 
 

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2nd Doing Business in India
Conference Held in Texas

The 2nd India-USA conference on “Doing Business with India” was held on 8 and 9 April 2008 in Plano, Texas, USA. The theme of the conference was A Practical Guide for Lawyers and Business Leaders. The conference was jointly organized by Indo-American Chamber of Commerce (IACC) and Center for American and International Law (CAIL) in cooperation with ABA Section of Business Law.

The Conference Co-Chairs were Lalit Bhasin, Chairman of IACC's Legal Affairs Committee and Advocate, Bhasin & Co.; Dr. Anton G. Maurer, CMS Hasche Sigle, Stuttgart, Germany; and Sajai Singh, J. Sagar Associates. The conference was attended by over 80 people representing the corporate world, law firms, advocates and accountants. IACC mounted a high profile delegation of 24 prominent lawyers from India under the leadership of Bhasin, who, unfortunately, could not travel due to ill health. Farokh T. Balsara, President of IACC also joined the delegation.

Balsara spoke on “Incredible India Opportunities and Challenges at the Inaugural session and Raman Roy, CEO & Founder of Quatrro BPO Solutions (P) Ltd., gave the Key Note speech on “How Global Organizations can benefit from outsourcing and the benefits India can bring.” Other sessions included Investing in India - covering FDI, investing in real estate & SEZ's, contracting in India; rules of M&A; doing the right due diligence in India; financing and taxes, IPR issues; government support and India and its infrastructure etc. All the speakers made excellent presentations with interactive discussions, the topics and speakers were very well received by the participants. Sajai Singh was the luncheon speaker on the first day and spoke on “Negotiating with Indians Cultural things to do and not to do while doing business in India” and Balsara spoke on “India, an Idea whose time has come” on the second day.

On the second day, R.K. Chopra, Secretary General, IACC briefed the members about IACC and its role in promoting Indo-US Business; he also presented the salient features of the “Indo-US Business Confidence Index” which was then released at the hands of Ms. Banashri Harrison, Minister (Commerce), Indian Embassy, Washington D.C. The index was very well received by the participants who attended the conference. A press release was simultaneously issued in India and the USA along with the photographs.
The event received wide coverage in Economic Times, Business Standard, The Tribune, The Hindu and many other newspapers as also in online newsletters like Indiaenews.com, Business-standard.com, Aol.in, Rediff.com, news-yahoo.com, the US news.com, Smetimes.tradeindia.com, Newkerala.com, Indiaprwire.com, Samachar.in etc.

A resource directory covering messages from Pranab Mukherjee, Minister of External Affairs; Kamal Nath, Minister for Commerce & Industry; Carmine D'Alosiio, Minister Counselor for Commercial Affairs, American Embassy and IACC President was printed and distributed to all the participants. The directory also included details on all the delegates from India with their profiles and business interests. Overall the conference was a big success which provided a forum for exchange of views on legal and regulatory aspects of doing business in India.


Seminar on Best Global IPR Practices

The U.S. International Trade Commission estimates U.S. domestic & foreign sales losses due to patent and copyright infringements at between $6 billion and $ 8 billion per year. No wonder that Indian companies, like their western counterparts before them, are waking up to the importance of having inimitable intellectual property rights, more importantly, to the threat that its ignorance may pose. It may take company years of R&D, toil and sweat to develop a unique proposition for its clients. However, a counterfeiter may have it easy, he may copy the proposition without having the need to invest in anything or to bear any associated risk that the owner of the idea or product took. In the wake of these hard realities the need for a discussion on the best IPR practices across the world was envisaged. The result was a two-day seminar on Global Best IPR Practices that the IndoAmerican Chamber of Commerce (IACC) organized on 28 and 29 March 2008 in Mumbai.

The seminar commenced with the welcome address by Farokh Balsara, President, IACC. Lalit Bhasin, Chairman, IACC Legal Committee spoke eloquently on “Why IP is important for India - the business aspect”. Anand Desai, Managing Partner, DSK Legal & Convener for the seminar, said that protecting IPR's are more important than ever for their commercial value has been realized by organizations. He added that IPR laws have certain peculiarities for enforcement and encompasses civil and criminal laws. Seeing their importance he wondered why IPR laws are less understood than laws related to theft, taxes etc? Mustafa Saifyuddin shared the complexity & intricacies of the Livon Vs. P&G, FOLVITE vs FOLV and other cases with the audience. Mr Prabuddha Ganguly, CEO, Vision IPR deliberated on the “Strategies for Acquiring and Enforcing Patents in India”. He noted that industry is undergoing a major transformation in all quarters of its value chain as innovation processes are getting costlier and product lifecycles are getting shorter.

The Keynote speaker for the seminar was Chief Justice of Mumbai High Court, Swantanter Kumar. Representing the film & entertainment industry was well-known Bollywood actor, director & producer Aamir Khan. He stated emphatically in his speech about the efforts that goes into making a movie and how the sense of loss is greater than monetary once it is copied and sold in gray market. He urged the judiciary & the audience to voice for stronger IPR laws. T.N. Darwalla of Jehangir Gulabbhai & Billimoria & Daruwalla enthralled the audience with his well-researched presentation on “Justification for conferring IP rights”. He educated the audience about how IP laws came into being & also their evolution over time. Representing the pharmaceutical industry was Tapan Ray, Director General, Organisation of Pharmaceutical Producers of India. In his speech he stated that no discussion on IPR is complete without a discussion on pharmaceutical patents. Also spoke in the seminar was Justice Dr D.Y. Chandrachud and Ravi Kadam, Advocate General.

The seminar was very well attended by Judges, Lawyers and people from the pharmaceuticals, IT & FMCG industries.

The seminar concluded with a vote of thanks by convener Anand Desai followed by a networking dinner.