European Union Intellectual Property Standards in the Framework of the ongoing Negotiations of a Free Trade Agreement between the EU and India

Abstract

The negotiations of a free trade agreement (FTA) between India and the European Union started in mid-2007 and have yet to be concluded. Negotiations surrounding the intellectual property rights chapter have been a major stumbling block given that the parties have differing agendas in this area. This article examines the negotiating parties’ positions on sensitive issues such as availability of patents, patent exceptions, data exclusivity and technology. Another major question refers to both parties positions towards the so name TRIPS-plus agreements, as the Anti-counterfeiting Free Trade Agreement. Whilst the EU is a firm promoter of this type of agreement, India is openly against it. Despite the different views on intellectual property rights, the EU is close to accepting Indian positions.