The draft India-EU Free Trade Agreement’s IP chapter proposes standards that may conflict with Indian exceptions on temporary copies and digital archiving. The final text may impact software and internet operations.
EU-India FTA IP Provisions Raise Concerns
The draft text of the India-EU Free Trade Agreement, released by the European Commission on 15 September 2026, contains an Intellectual Property chapter (Chapter 10) that has drawn criticism from legal experts. Proposed provisions would require signatories to treat temporary copies in RAM as reproductions under copyright law, potentially undermining current Indian jurisprudence that permits such acts under Section 52(1)(c) of the Copyright Act, 1957.
The chapter also introduces data exclusivity obligations for clinical trial data, exceeding the TRIPS Agreement’s standards. Although India maintains a strict stance against data exclusivity, the draft language suggests harmonisation with EU norms, which could affect generic drug approvals. Additionally, digital archiving by libraries may require rights-holder permission under the proposed text, contravening existing Indian fair dealing exceptions.
The draft states that 'temporary, transient or incidental storage in technical process shall not be exempt without authorization where it forms an integral part of a reproduction.'
These provisions, if adopted, could require legislative amendments in India. Practitioners should monitor negotiations closely, especially as Commerce Minister Piyush Goyal confirmed the deal’s target finalisation by December 2026. Stakeholders in tech, pharma, and academia must engage with policymakers to prevent over-compliance.
Citations
- Draft India-EU FTA, Chapter 10, September 2026
