DIGITAL PUBLIC INFRASTRUCTURE (DPI) AS DRIVER
FOR DIGITAL
INCLUSION AND COMPETITIVE E-COMMERCE – IP AND
WORK PROGRAMME ON ELECTRONIC COMMERCE
COMMUNICATION FROM INDIA
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1 INTRODUCTION
1. Based on the Ministerial
Declaration on Global Electronic Commerce (document _WT/MIN(98)/DEC/2), the General Council on 25
September 1998 established a Work Programme on Electronic Commerce (WPEC) to be
carried out by the relevant WTO bodies, including the Council for TRIPS.
Paragraph 4.1 of the Work Programme (document _WT/L/274) tasked the TRIPS Council to "examine
and report on the intellectual property issues arising in connection with
electronic commerce", including the "protection and enforcement of
copyright and related rights; protection and enforcement of trademarks; [and]
new technologies and access to technology".
2. Ministers have considered the
WPEC at the Ministerial Conferences, taken note of the work undertaken, and
instructed the General Council and subsidiary bodies to continue this work. At MC13,
Ministers agreed to continue to re-invigorate the work under the WPEC (documents _WT/MIN(24)/38 and _WT/L/1193), based on the mandate as set out in document _WT/L/274, and with a particular focus on its
development dimension, taking into account the economic, financial, and
development needs of developing and least-developed country Members and, as a
priority, identify gaps in support of addressing the digital divide, including
for micro, small, and medium-sized enterprises to realize the potential of the
digital economy. Further, paragraph 2 of the Ministerial Decision on the WPEC
adopted at MC13 mentions about how to level the playing field for developing
and least-developed country Members to advance their digital industrialization.
2 PREVIOUS WORK IN THIS AREA AT THE TRIPS
COUNCIL
3. For several years, the e-commerce agenda has received limited
attention, with slow progress on TRIPS-related digital trade issues. Therefore,
efforts to reinvigorate discussions on the relationship between DPI, the TRIPS
Agreement, and the WPEC are both relevant and timely. As such the Council for
TRIPS has been discussing relevant issues related to IP and e-Commerce from
time to time based on certain submissions by members and also the issue of
having this as a standing agenda item in the Council.
4. Communications from Canada (document _IP/C/W/613
dated 27 May 2016) called for sharing national experiences and practices on IP
and e-commerce issues in light of the rapid growth in digital technology and
telecommunications as facilitators of commerce across countries at all levels
of development.
5. A non-paper submitted by Brunei Darussalam, Colombia, and Costa
Rica, etc, titled 'Work Programme on Electronic Commerce: Electronic Commerce
and Development' (document _JOB/IP/22,
dated 14 February 2017) addressed issues such as infrastructure gaps affecting
e-commerce and limited access to payment solutions which could be addressed
using DPI solutions. A communication from Brazil and Argentina (document _JOB/IP/19/Rev.1
dated 7 March 2017) highlighted the implementation of copyright rules in the
digital environment, underlining the principle of transparency in the
remuneration of copyright and related rights; expanding and updating the list
of exceptions and limitations in order to keep pace with the changes in
technology and reaffirming the territoriality of copyright in the digital
environment as a principle of the international trading system. A communication
from Canada, Chile, and Colombia, etc. titled 'Trade Policy, the WTO, and the
Digital Economy' (document _JOB/IP/21/Rev.2
dated June 15, 2017) highlighted trade facilitating measures such as ensuring
open network access to the internet and addressing electronic payment systems
which can be supported through development and use of DPI.
6. Submissions by South Africa (document _IP/C/W/665,
17 July 2020) and (document _IP/C/W/698,
17 May 2023) proposed intensification of discussions and underlined the
operationalization of technology transfer in this area in the context of
Articles 7, 8, 40 and 66.2 of the TRIPS Agreement mentioning that technology
transfer is central to address development issues, including the digital
divide. It called for inscribing this as 'standing agenda' at the Council for TRIPS
and the need of identification of IP issues arising from e-commerce, and
discuss appropriate policy responses that address the development concerns,
including in relation to the protection of the rights of indigenous artists,
creators and small businesses. An African Group communication (document _IP/C/W/702
dated 3 July 2023) also emphasized on the role of technology transfer under the
WPEC.
3 DIGITAL PUBLIC INFRASTRUCTURE (DPI) AS A
DRIVER FOR DIGITAL INCLUSION AND COMPETITIVE E-COMMERCE
7. Availability of a robust digital infrastructure would facilitate
increasing participation of developing and least developed countries in global
e-commerce. The DPI approach has been instrumental in driving the digital
transformation in India and other countries such as Singapore, United Arab Emirates,
Brazil, and Estonia etc. Some DPI systems such as digital identity, digital
payment, and data-exchange solutions work as foundational and basic DPI. The 'interoperable'
nature of DPI allows users to customize DPI offerings in order to create
tailor-made solutions as per their end-use requirements or local context. This
helps foster innovation, and is in part the reason for the rapid proliferation,
adaptation and evolution of DPI use cases.
8. DPI is pivotal in facilitating growth of e-commerce by providing
scalable, inclusive, and interoperable platforms that underpin seamless
transactions. It can be instrumental in increasing the participation of
developing and least developed countries in global e-commerce.
9. India has been driving its digital transformation through its DPI
approach. India is witnessing an evolution of multiple DPI initiatives that
work in harmony to create a comprehensive digital ecosystem.
10. Unique Digital ID – AADHAAR provided the foundational base for
various DPIs. It offered a unique 12-digit digital identity to 1.4 billion
people of India. Based on AADHAAR, bank accounts were opened for millions of
unbanked individuals, enabling Direct Benefit Transfer (DBT) and
revolutionizing service delivery by eliminating intermediaries and ensuring
transparency.
11. Unified Payments Interface (UPI) – one of the key DPI systems -
facilitates digital payments and enhances financial inclusion. It allows
third-party developers to build on its open platform and create their own
applications that integrate seamlessly with UPI. As of June 2025, 675 banks are
live on UPI enabling more than 18 billion transactions per month empowering
digital transactions for nearly 491 million people and 65 million merchants. It
has empowered MSMEs and consumers to participate actively in e-commerce.
12. Launched in 2022, India's Open Network for Digital Commerce (ONDC)
is democratising digital markets in India by promoting an open network built on
open source protocols that allows buyers and sellers to transact directly
without being tied to any specific platform. ONDC has rapidly evolved into a
nationwide network connecting over 0.8 million sellers and service providers,
of which 85% are small businesses, and service providers across 616+ cities
with participation from over 1,200 cities on the buyer side. Monthly
transactions also grew significantly from approximately 1,000 in
January 2023 to over 16.4 million by June 2025. ONDC is diminishing reliance on
monopolistic platforms and fostering a competitive and inclusive digital
commerce ecosystem.
13. DPI in India has also been instrumental in catalysing growth &
fostering a vibrant digital startup ecosystem. Today, India stands as the
third-largest startup ecosystem in the world, with more than 120 unicorns,
thus promoting innovation and IP creation as well.
14. DPI solutions can enable easy technology transfer and adoption by
developing and least‑developed countries. India is taking various steps to
share its experience and technical know‑how and underlying technology with
interested partners, especially the Global South. During its G20 presidency,
India launched the Global Digital Public Infrastructure Repository (GDPIR)
which is a comprehensive resource hub, pooling essential lessons and expertise
in respect of DPI solutions from G20 members and beyond. India has signed MoUs
with 22 countries of Latin America, Africa, CIS, the Caribbean and Asia to
promote the adoption of interoperable DPI solutions. These agreements include
technical assistance, policy guidance, and operational support helping nations
build secure, and inclusive DPI ecosystem through knowledge transfer.
15. India as part of its G20 initiative also announced the creation of a
Social Impact Fund (SIF) with an initial commitment of USD 25 million from
India. The fund will work towards financing DPI pilot deployment in countries
of the Global South. India invites all stakeholders to join this government‑led
multistakeholder initiative to promote DPI ecosystem globally and also looks
forward to offering its DPI solutions to
other countries for fostering global digital transformation.
Summary and Way Forward
16. Technology and technical know-how are essential for promoting trade.
It is central to the implementation of the 2030 Agenda and the SDGs and aligns
with Article 7 of the TRIPS agreement. Technology transfer can be an important
tool to narrow the technological gap between developed and developing
countries, and for integrating developing countries into the multilateral
trading system. Technology transfer is particularly relevant in the context of
e-commerce and digital technologies. Facilitation of the transfer of technology
to the developing and least developed countries is critical to increasing their
participation in global e-commerce.
17. Having secure and interoperable DPI enables digital access, and
bridges the digital divide by promoting competition and innovation. One
key principle of the DPI model is the adoption of open standards, which ensures interoperability and
facilitates the seamless integration of various digital systems such as
payment and digital identity solutions. Nevertheless, many
digital technologies are proprietary in nature. Therefore, to build a robust
digital infrastructure ecosystem, and disseminate its benefits worldwide,
international collaboration between members and their public and private
players in the area of technology transfer is of great significance.
18. International collaboration on DPI systems would address the issue
of digital access and divide in the context of e-commerce and IP and its
development dimension. In this context, India also organized a session on "Digital
Public Infrastructure-Driving trade and development" at the WTO Public
Forum on 18th September 2025.
19. The WTO has a unique opportunity to contribute towards addressing
the digital divide in terms of digital infrastructure and access to technology
that hinders the inclusive participation of developing and least developed
countries in global e-commerce. The members need to explore the appropriate
framework in this regard.
20. In view of the above, we propose the following discussion points and
proposals:
21. We invite other members to:
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