The draft Intellectual Property Chapter of the EU-India Free Trade Agreement threatens to restrict legally permitted digital activities in India, including temporary copies in RAM and digital archiving, potentially undermining national exceptions under India's Copyright Act, 1957.
EU-India FTA Draft Risks Undermining Digital Copyright Exceptions
The draft Intellectual Property Chapter of the proposed EU-India Free Trade Agreement, released by the European Commission on 15 September 2026, has drawn sharp criticism from digital rights advocates and legal experts. Chapter 10, which governs IP standards, appears to mandate stricter enforcement than permitted under India’s Copyright Act, 1957, particularly by challenging the legality of transient copies in RAM and restricting digital archives.
Article 10.12 of the draft requires parties to recognize copyright protection for all forms of temporary reproductions, effectively criminalizing routine technical processes like web browsing and data caching. This contradicts Section 52(1)(c) of India’s Copyright Act, which permits transient or incidental reproductions not requiring authorization.
"This could make everyday internet use a potential infringement,"warns IP researcher Achyuth B. Nandan.
Broader Implications for Digital Innovation
The chapter also limits digital preservation by libraries and educational institutions, conflicting with Section 52(1)(i), which allows copies for private study and research. With Commerce Minister Piyush Goyal affirming the FTA’s target completion by December 2026, civil society groups are urging the government to safeguard existing exceptions during final negotiations.
For IP practitioners, the draft signals potential future legislative amendments to align with TRIPS-plus standards. Until clarity is achieved, clients in digital services, ed-tech, and AI development should assess exposure to conflicting interpretations of reproduction rights under domestic versus treaty obligations.
