Anti-dumping Duties & Countervailing Provision in Digital Trade

Abstract

With the technological advancement in the world, in recent years, the rapid growth of digital trade has presented new challenges for anti-dumping duties and countervailing provisions in India. Digital technologies have reshaped the global commerce which includes cross-border data flows and Intellectual Property Rights (IPR) considerations and this has posed various complexities as traditional trade regulations struggle to adequately address these complexities of digital trade. The objective of this paper is to investigate the implications of anti-dumping duties and countervailing provisions in digital trade as well as identify the if there is any need for updating the regulatory frameworks in Indian trade laws. The problem arises from the intersection of digital trade and anti-dumping measures, where the digital economy presents essential constraints to traditional methods for evaluating market inefficiencies and establishment of fair market value. Similarly, particular issues of data flow and IPR are associated with digital product and services which introduce unique challenges, such as difficulty and quantifying intangible assets and addressing virtual market manipulations. This paper will deal with such types of specific challenges posed by the digital economy in India, including identification of digital trade-related market inefficiencies and shortcoming of existing anti-dumping provisions. Through an examination of recent cases and industry examples this study will provide practical suggestions which aims to bridge the gap of regulatory framework and foster a fair and competitive digital trade environment. In summary, this research paper examines the implication of digital trade such as data flows & IPR on the anti-dumping duties and countervailing measures and whether there is a need for any update in the regulatory framework in Indian trade regulations