India-United Kingdom Comprehensive Economic and Trade Agreement (CETA) and Intellectual Property Concerns
The India-United Kingdom Comprehensive Economic and Trade Agreement (CETA) has raised significant questions concerning India's commitments in the intellectual property chapter, particularly in Article 13.6, which deals with TRIPS and public health measures.
Key Issues in Article 13.6
- Voluntary vs. Compulsory Licensing: The provision in Article 13.6 emphasizes voluntary mechanisms, like voluntary licensing, as the preferred route for ensuring access to medicines, which marks a departure from India's traditional stance of supporting compulsory licensing to address high medicine prices.
- Technology Transfer: India has historically advocated for technology transfer from developed to developing countries on "favorable terms" to aid industrialization and reduce carbon footprints. The CETA agreement undermines this position.
Impact on Public Health and Access to Medicines
- Voluntary licenses can limit access to affordable medicines due to the weaker bargaining power of developing countries' companies.
- The CETA agreement weakens India's ability to push for favorable terms in technology transfer discussions in multilateral forums.
Conclusion
The CETA agreement represents a compromise on India's long-held positions on compulsory licensing and technology transfer, which could impact public health and the adoption of climate-friendly technologies.