India and UK CETA Ensures India's Compulsory Licensing Rights

The Comprehensive Economic and Trade Agreement (CETA) between India and the UK will not impose any restrictions on India's compulsory licensing rights. This was confirmed by the government. The agreement ensures that India has full freedom in matters related to public interest and public health.

In particular, during health emergencies, India can issue compulsory licenses for medicines according to its laws. The government emphasized that the agreement includes strong provisions that fully safeguard India’s policy independence. The CETA also clarifies that both India and the UK will have the right to use the exemptions provided under the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement, including the right to issue compulsory licenses under Articles 31 and 31bis of the TRIPS agreement. This enables India to make public interest decisions without any additional conditions.

According to Commerce and Industry Minister of State, Jitin Prasad, the provisions of India's Patent Act 1970, particularly Sections 84 (General Compulsory License) and 92 (Compulsory License in case of Public Health Emergency), will continue to be fully applicable. He also clarified that there are no provisions in the agreement that would slow down the process of issuing compulsory licenses or impose additional conditions.

Under this trade agreement, India will have unrestricted access to the UK’s government procurement market, which is valued at approximately £90 billion (around $122 billion) annually. This includes major organizations like the National Health Service (NHS). Indian companies, especially in the IT, pharmaceutical, and services sectors, are expected to benefit significantly from this. The government believes that allowing foreign companies to participate in government projects in a limited and controlled manner will increase competition, reduce costs, improve quality, and help adopt new technologies.