The draft India-EU Free Trade Agreement's IP Chapter could restrict lawful digital activities such as temporary copying in RAM and web caching. Civil society and legal experts warn of potential conflict with domestic limitations and exceptions under Indian copyright law.
EU-India FTA IP Chapter Raises Compatibility Concerns
The draft text of the India-EU Free Trade Agreement, released by the EU on September 15, 2026, includes a comprehensive Intellectual Property Chapter (Chapter 10) that has sparked debate among legal experts. While negotiations remain ongoing—with Commerce Minister Piyush Goyal affirming a December 2026 deadline—the draft contains provisions that may extend beyond India’s existing IP framework, particularly in copyright.
Key concerns include Article 10.15, which appears to restrict temporary digital copies made in RAM during data transmission, a practice currently permitted under Section 52(1)(c) of the Copyright Act, 1957. Likewise, digital archiving exceptions under Section 52(1)(zb) may be undermined by proposed obligations on reproduction rights. Experts note that harmonizing IP standards in trade agreements must not erode domestic exceptions vital for access to knowledge and internet functionality.
As final negotiations approach, stakeholders urge Indian policymakers to ensure TRIPS-plus commitments do not compromise public interest safeguards. A balanced approach is essential to protect digital freedoms while advancing trade objectives.
