IndiaMart.com, 4 other Indian markets figure in US Notorious Markets List
Washington, Feb 18: India's popular e-commerce website IndiaMart.com and four other markets, including New Delhi's famous Palika Bazaar, have figured in the latest annual list of the world's notorious markets released by the US Trade Representative.
The 2021 Notorious Markets List released on Thursday identified 42 online and 35 physical markets around the world that are reported to engage in or facilitate substantial trademark counterfeiting or copyright piracy.
The three other Indian markets in the list are Heera Panna in Mumbai, Kidderpore in Kolkata and Tank Road in Delhi.
The global trade in counterfeit and pirated goods undermines critical US innovation and creativity and harms American workers, said US Trade Representative Katherine Tai.
This illicit trade also increases the vulnerability of workers involved in the manufacturing of counterfeit goods to exploitative labour practices, and the counterfeit goods can pose significant risks to the health and safety of consumers and workers around the world, she said.
The USTR report said IndiaMART, an e-commerce website and mobile app that connects buyers with suppliers, describes itself as the world's second largest online business-to-business market. Counterfeit goods can allegedly be found in large volumes on IndiaMART, including counterfeit pharmaceuticals, electronics and apparel.
Right holders are concerned with IndiaMART's failure to adequately implement anti-counterfeiting best practices, including seller verification, penalties against known sellers of counterfeit goods, or proactive monitoring of infringing goods.
IndiaMART apparently has a notice-and-takedown system, but right holders report that it is burdensome to use, the time-to-takedown is slow, and the status of notices is not transparently communicated to right holders, the report said.
The USTR said a major indoor market located at the heart of Mumbai, Heera Panna reportedly offers counterfeit watches, footwear, accessories, and cosmetics. Right holders warn that counterfeit cosmetics sold at this market have health and safety risks. A raid at Heera Panna in September 2021 resulted in arrests for selling counterfeit versions of premium watches.
Locally known as Fancy Market , Kidderpore allegedly sells counterfeit apparel and cosmetics, often in wholesale quantities. Severe skin problems, rashes, irritation, and eye diseases have reportedly been caused due to the poor quality of the counterfeits, the report said.
Palika Bazaar remains on the notorious market list (NML) in 2021. This underground market in Delhi is seemingly well-known for the trade of counterfeit products, such as mobile accessories, cosmetics, watches and eyewear.
Many shoppers are reportedly students and other young people who want trendy products at cheap prices. The market is also a popular destination for tourists, the report noted.
Right holders report that Delhi's wholesale Tank Road market continues to sell counterfeit products, including apparel, footwear, watches, handbags, electronics, and beauty products. Wholesale counterfeit goods are also reportedly supplied from this market to other Indian markets, including Gaffar Market and Ajmal Khan Road, the report said.
Right holders note that conducting enforcement actions at this location is challenging, as the market is located in a residential area and sellers often appear to have advanced knowledge of raids, limiting their effectiveness, it said.
USTR is an agency of the US government responsible for developing and promoting American trade policy.
USTR first identified notorious markets in the Special 301 Report in 2006. Since February 2011, USTR has been publishing annually the Notorious Markets List separately from the Special 301 Report, to increase public awareness and help market operators and governments prioritise intellectual property enforcement efforts that protect American businesses and their workers.
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Centre in SC 'strongly' opposes setting up ex judges panel to monitor stubble burning
New Delhi, Nov 22: The Centre on Friday opposed in the Supreme court a proposal to form a committee of former apex court judges to oversee the implementation of measures to curb stubble burning, a key contributor to Delhi-NCR’s air pollution.
The suggestion was put forth before a bench of Justices Abhay S Oka and Augustine George Masih, hearing a case related to the rising pollution in Delhi-NCR, by senior advocate and amicus curiae Aparajita Singh.
She sought to leverage the expertise of judges as part of the proposed fact-finding committee.
The amicus said the judges had previously dealt with air pollution and stubble burning issues.
A bench headed by former Supreme Court's Justice Madan B Lokur had heard pleas related to pollution and the role of stubble burning as a contributing factor in the past.
In 2020, a bench headed by the then CJI Justice S A Bobde set up a panel headed by Justice Lokur to deal with the issues relating to stubble burning. The order was later recalled.
On Friday, the amicus curiae proposed that a committee of these judges could monitor and hear all stakeholders, including farmers and government authorities, for a comprehensive approach to address the crisis.
"A committee of experienced judges familiar with these issues could efficiently oversee the situation and hear individual grievances,” said Singh.
The proposal, however, was met with strong resistance from Additional Solicitor General Aishwarya Bhati, representing the Centre.
Bhati asserted the Centre and the Commission for Air Quality Management (CAQM) were taking adequate measures and that adding another oversight layer would be counterproductive.
"We strongly oppose this suggestion. There is no need for an additional judicial committee as your lordships are already monitoring the situation. We are answering all concerns, correcting shortcomings, and making progress,” said ASG Bhati while opposing the creation of "any more tier".
The amicus clarified her suggestion was for a fact-finding committee, but Bhati countered the statement, saying the government was already working with the available data and frameworks to address the issue effectively.
During the hearing, senior advocate Gopal Sankaranarayanan highlighted that changes in the timing of stubble burning, coupled with seasonal wind patterns, had worsened Delhi’s air quality.
The amicus curiae further flagged discrepancies in data reported by the CAQM and other sources regarding burnt areas in Punjab and Haryana.
"The burnt area in Punjab has increased to 19.1 lakh hectare from 15.1 lakh hectare in 2021, a 24% rise. Similarly, Haryana’s burnt area rose from 3.5 lakh hectare in 2021 to 8.3 lakh hectare in 2023. This contrasts with CAQM data, which claims a reduction in farm fires in Haryana,” Singh said, raising concerns about the accuracy of official reports.
The ASG defended the CAQM’s methodology, arguing that reliance on unverified sensors would undermine the process.
The amicus curiae, however, emphasised the need for scientifically validated protocols involving experts, with Punjab and Haryana also participating in the efforts.
The bench observed that while satellites could detect farm fires, burnt area showed their exact extent.
"We would like to have that data," it said.
In an order on November 18, the top court directed the Centre and the CAQM to procure farm fire data using geostationary satellites, as opposed to NASA’s polar-orbiting satellites, to ensure real-time monitoring.
The court noted that existing data from NASA satellites was limited to specific time windows and directed the involvement of ISRO in utilising stationary satellites for comprehensive day-long monitoring.
The court will review compliance with these directions and the latest developments on stubble burning measures in its next hearing.
