The draft EU-India Free Trade Agreement’s IP chapter could criminalize routine digital activities like temporary RAM copying, raising concerns over digital rights and innovation.
EU-India FTA IP Chapter Sparks Digital Freedom Concerns
The draft Intellectual Property chapter of the India-EU Free Trade Agreement, recently circulated by the EU, has sparked debate over its potential to restrict lawful digital practices. The text, aimed at harmonizing IP standards, appears to prohibit temporary copies of copyrighted works—even when automatically created during web browsing or data routing—unless explicitly authorized.
This could directly impact digital archiving, cloud services, and even basic internet use, where data is routinely cached in RAM. Indian law currently permits such transient copies under Section 65A of the Indian Copyright Act, but the FTA draft may necessitate its amendment. Commerce Minister Piyush Goyal has indicated that finalization is targeted for December 2026, despite unresolved issues.
For legal practitioners, the stakes are high: the agreement could override domestic exceptions in copyright law. Companies in IT, education, and digital preservation must monitor developments closely. Experts urge that India maintain regulatory space to protect digital interoperability and innovation, particularly in emerging AI and web3 sectors.
