Leaked UK-India Draft FTA Text: Eyes On Provision That Felled Glivec Patent

A leaked draft intellectual property chapter, purported to be the UK’s opening proposal, from a planned bilateral free trade agreement with India features several controversial provisions. These include nullifying an Indian regulation that disallows patents for "incremental" inventions, requirements around mandatory disclosures on the working of patents, as well as the introduction of data exclusivity. Legal experts weigh in on some of these long-standing contentious issues.

Contentious IPR Issues In Planned UK-India FTA • Source: Shutterstock

A leaked draft chapter on intellectual property (IP) rights issues put forth by the UK as part of a proposed bilateral free trade agreement (FTA) with India resuscitates several controversial provisions that could dilute India’s long-standing position in areas like data exclusivity and disallowing patents on incremental innovation.

Details of the so-called draft IP chapter, leaked by bilaterals.org and believed to be the UK’s opening proposal for the...

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