Draft EU-India FTA’s IP Chapter may restrict digital archiving and temporary data copies, conflicting with Indian exceptions under fair use.
EU-India FTA Draft Raises IP Concerns
The draft text of the India-EU Free Trade Agreement (FTA), published by the EU on September 15, 2026, includes an extensive Intellectual Property (IP) chapter that has raised alarms among digital rights and IP experts. Chapter 10 appears to restrict activities legally permitted under Indian law, such as digital archiving by libraries and the creation of transient RAM copies during data transmission.
These provisions may contravene Section 52 of the Copyright Act, 1957, which recognizes temporary copying as fair dealing. The draft also pushes for stronger enforcement norms that could limit the ability of Indian entities to engage in reverse engineering and parallel imports.
With Commerce Minister Piyush Goyal targeting finalization by December 2026, the negotiations highlight a key policy tension: balancing international commitments with domestic innovation and access needs. IP practitioners must monitor developments closely, as the agreement could reshape fair use, digital rights, and innovation ecosystems.
