The draft Intellectual Property Chapter of the EU-India Free Trade Agreement could criminalize routine digital activities like temporary RAM copying and web caching, conflicting with existing Indian exceptions under copyright law.
EU-India FTA Draft Threatens Digital Copyright Exceptions
The leaked draft of the India-EU Free Trade Agreement’s Intellectual Property Chapter (Chapter 10), published by the EU on 15 September 2026, has raised alarms among digital rights advocates and IP experts. The text appears to eliminate India’s existing exceptions for transient digital copies, such as those created during web browsing or data routing — activities currently permitted under Section 52(1)(c) of the Copyright Act, 1957.
Conflict with National Law
The draft obliges parties to treat even temporary electronic copies in RAM as reproductions requiring authorization, effectively outlawing routine computing functions. This contradicts Indian law, which recognizes such acts as incidental and non-infringing. Experts warn that enforcement could disrupt internet services, cloud computing, and digital archiving initiatives vital to research and education.
With Commerce Minister Piyush Goyal reaffirming the December 2026 deadline for finalizing the deal, stakeholders urge the government to safeguard flexibilities under TRIPS and resist harmonization that undermines domestic innovation. For IP lawyers, this highlights the need to engage in trade policy consultations to protect user rights and ensure compliance with India’s digital economy priorities.
Citations
- Copyright Act, 1957, Section 52(1)(c)
- TRIPS Agreement, Article 13
