Loading…
On 11 September 2026 the European Commission sent the India-EU Free Trade Agreement to the Council of the EU, asking it to authorise signature and conclusion.
Negotiations were concluded on 27 January 2026 at the 16th India-EU Summit in New Delhi. The deal removes or cuts tariffs on 96% of EU goods exports to India.
After the Council approves, the European Parliament must consent before the agreement can be concluded and enter into force. India is running its own ratification process.
The agreed commitments are now public, including a detailed intellectual property chapter. Experts argue its copyright rules could force changes to India's Copyright Act, 1957.
The concern: stricter anti-circumvention rules and a narrower 'three-step test' could weaken the fair-dealing exceptions (Section 52) and the digital-lock exceptions (Section 65A) that students, researchers, libraries and ISPs rely on.
Lists acts that are not infringement, including Section 52(1)(i), reproduction by a teacher or pupil in the course of instruction. Experts fear foreign rightsholders could challenge these exceptions if the FTA does not expressly preserve them.
Inserted by the Copyright (Amendment) Act, 2012. Circumventing a digital lock is an offence only when done with intent to infringe (up to 2 years' jail and a fine). Section 65A(2) permits circumvention for lawful purposes, and a strict FTA anti-circumvention rule would erode that.
Punishes knowingly removing or altering RMI. It is the counterpart of the RMI obligations in the FTA's IP chapter.
One of the two 'Internet Treaties' covering works in the digital environment, in force since 2002. India acceded on 25 September 2018, effective 25 December 2018. Article 10 allows limitations and exceptions for digital works.
The baseline IP treaty India already complies with. Article 13 applies the three-step test to copyright limitations.
Origin of the three-step test (1967 Stockholm revision): exceptions only in certain special cases that do not conflict with normal exploitation and do not unreasonably prejudice the author.
Negotiated the FTA; on 11 Sep 2026 proposed its signature and conclusion to the Council
Member-state governments; must authorise signature
Must give consent before the agreement is concluded
UN agency that administers the WCT and the Berne Convention
India and the EU launch negotiations on a Bilateral Trade and Investment Agreement (BTIA)
Talks stall after 15 rounds
Leaders agree to resume talks, with separate tracks on investment protection and GIs
First round of the relaunched negotiations opens in New Delhi
Negotiations concluded at the 16th India-EU Summit, New Delhi
Commission sends the FTA to the Council for authorisation to sign and conclude
A limit on copyright is allowed only (1) in certain special cases, (2) that do not conflict with normal exploitation of the work, and (3) do not unreasonably prejudice the rightsholder. Read narrowly, it can squeeze broad educational and research exceptions like India's Section 52.
Simple Analogy: A gate that lets only named visitors through, not anyone with a good reason.
Publishers sued in 2012. Justice Rajiv Sahai Endlaw of the Delhi High Court held on 16 September 2016 that course packs are covered by Section 52(1)(i), and a Division Bench upheld that reading on 9 December 2016. The publishers withdrew the suit on 9 March 2017. Critics say strict DRM rules under the FTA could override this settled position.
Indian law shields ISPs from liability for transient copies made in RAM and caches while routing data. Critics fear the FTA's rules on temporary storage could expose them to civil and criminal remedies.
GS Paper 2 > Bilateral and regional agreements affecting India's interests; GS Paper 3 > IPR
General Awareness > Economy and international agreements
With reference to the 'National Intellectual Property Rights Policy', consider the following statements: 1. It reiterates India's commitment to the Doha Development Agenda and the TRIPS Agreement. 2. Department of Industrial Policy and Promotion is the nodal agency for regulating intellectual property rights in India. Which of the above statements is/are correct?
Answer: Both 1 and 2
IP obligations in a trade agreement that go beyond the WTO TRIPS minimum
A digital lock such as DRM that controls access to or copying of a work; protected in India by Section 65A
India's closed list of copyright exceptions under Section 52, e.g. research, criticism, teaching