Concerns over the UK-India Free Trade Agreement (FTA)
There is growing concern among experts in intellectual property law and civil society groups in India regarding the UK-India Free Trade Agreement, particularly in relation to its impact on compulsory licensing norms and access to affordable medicines.
Compulsory Licensing and Public Interest
- The Indian Patent Act allows for compulsory licensing of lifesaving medicines during national emergencies in the public interest.
- This provision enables domestic generic manufacturers to produce and supply essential drugs when needed.
Potential Impact of UK-India FTA
- The FTA could introduce TRIPS-plus provisions, exceeding WTO standards and risking access to medicines.
- The FTA emphasizes voluntary licensing, potentially undermining India's right to compulsory licensing.
India's Patent Safeguards
- Despite concerns, the FTA aims to balance India’s IP regime with public health interests.
- India's crucial provisions, like Section 3(d) of the Indian Patent Act, preventing patent evergreening, remain intact.
