The draft India-EU Free Trade Agreement's IP chapter threatens to restrict lawful digital practices like RAM copying and data archiving under expanded copyright enforcement.
EU-India FTA IP Chapter Raises Digital Rights Concerns
The draft text of the India-EU Free Trade Agreement (FTA), released by the European Commission on September 15, 2026, contains an Intellectual Property chapter that could significantly alter India’s current digital copyright norms. Chapter 10 proposes obligations that may effectively outlaw temporary reproductions, such as data caching and RAM copying, essential for internet functionality and digital archiving.
Though India’s Copyright Act, 1957, permits transient copies under Section 52(1)(b) as part of fair use, the FTA draft appears to adopt a stricter EU-style standard requiring authorization for all reproductions. This could affect cloud storage providers, content delivery networks, and digital libraries engaged in preservation.
Additionally, the draft lacks adequate safeguards for data exclusivity exceptions under TRIPS Article 39.3 and does not recognize public interest exceptions for AI training datasets. With Commerce Minister Piyush Goyal confirming finalization by December 2026, stakeholders warn of a 'chilling effect' on Indian digital innovation.
IP practitioners should closely monitor consultations and advocate for carve-outs that preserve India’s existing flexibilities. Failure to do so may force amendments to domestic law that undermine digital ecosystem growth and access to knowledge.
Citations
- Draft Agreement on Trade in Goods and Services between India and the European Union, Chapter 10: Intellectual Property (EU, 2026)
