The India-United Kingdom Comprehensive Economic and Trade Agreement (CETA) represents a crucial development in India's modern trade diplomacy. The agreement was signed in London on July 24, 2025, marking one of the most ambitious trade accords concluded by India. India-UK CETA reflects the growing strategic conjunction between the countries and seeks to transform bilateral relations into a robust economic partnership, aligned with the broader "India-UK Vision 2035". Chapter 13 of the India-UK CETA covers Intellectual Property Rights, offering a comprehensive framework that offers a balanced IP enforcement between the countries.
Objectives and Guiding Principles of CETA
The chapter's objectives are twofold: first, to ensure that IPR protection contributes to technological innovation, knowledge dissemination, and socio-economic welfare; and second, to reduce barriers to trade and investment through harmonised and transparent systems of protection. In this sense, the chapter treats IPRs not merely as private rights but as instruments of economic integration and development.
The countries may adopt measures to protect public health, nutrition, and socio-economic development, provided such measures remain consistent with the chapter. Safeguards are included against the abuse of IPRs or practices that restrain trade or obstruct technology transfer. Importantly, in this chapter, India and the UK have reaffirmed their commitment to the Doha Declaration on TRIPS and Public Health, confirming the primacy of public health over commercial interests when necessary.
International Treaty Commitments
A significant feature of Chapter 13 is its explicit alignment with international instruments. The agreement reaffirms adherence by the countries to agreements and treaties such as the Berne Convention, Paris Convention, Patent Cooperation Treaty (PCT), Budapest Treaty, Locarno Agreement, Madrid Protocol, Marrakesh Treaty, WIPO Copyright Treaty (WCT), Nice Agreement, Vienna Agreement, and the WIPO Performances and Phonograms Treaty (WPPT). They also commit to considering ratification or agreement to the Beijing Treaty on Audiovisual Performances. This step is crucial for India as India is not a member to the Beijing Treaty. This creates an integrated legal environment that ensures predictability and consistency in cross-border protection and enforcement.
National Treatment, Transparency and Procedural Fairness
The chapter obliges the countries to extend national treatment to the nationals of one another, ensuring no less favourable protection than that enjoyed by domestic right holders. Transparency provisions require the online publication of laws, regulations, procedures, and registers of intellectual property rights, including trademarks, patents, designs, and geographical indications. Together, these provisions strengthen legal certainty and enhance public access to information.
Cooperation and Institutional Framework
Recognising that IPRs cannot be effectively protected in isolation, the chapter establishes mechanisms for cooperation. A Working Group on Intellectual Property Rights has been tasked with reviewing implementation, fostering information exchange, and addressing emerging issues. The cooperation agenda is expansive, ranging from engagement of SMEs and public awareness campaigns to tackling counterfeiting, piracy, and online infringement. It also extends to patent work-sharing, traditional knowledge databases such as India's TKDL, and emerging technologies like artificial intelligence and green technologies. This institutional framework reflects a forward-looking vision in which IPR regimes are continuously modernised in response to technological and economic change.
Patents
Patent provisions largely mirror TRIPS standards but add procedural clarity and transparency. The agreement mandates that patents be available in all fields of technology, provided inventions are new, involve an inventive step, and are capable of industrial application. It also allows for specific exclusions in line with TRIPS, such as inventions contrary to public order or morality, diagnostic and surgical methods, and essentially biological processes. Importantly, the chapter affirms that patent rights extend to both products and processes, giving the holder exclusive rights to prevent unauthorised making, using, offering for sale, selling, or importing of the invention.
In line with the Doha Declaration on TRIPS and Public Health, the India-UK CETA expressly recognises the right of each Party to grant compulsory licences and to define situations of national emergency or extreme urgency. A specific regulatory review (Bolar) exception is included, which allows generic manufacturers to undertake activities necessary for marketing approval prior to patent expiry. This ensures that affordable medicines can enter the market without undue delay once patent protection lapses.
The agreement requires Parties to publish patent applications after 18 months from the filing or priority date, thereby enhancing public access to information. Furthermore, examination reports, amendments, and opposition proceedings must be made publicly accessible. This transparency not only improves legal certainty for businesses but also aids third parties in challenging weak or non-meritorious patents.
Further, the agreement requires that the opportunity to make amendments, corrections, and observations in connection with its application, in accordance with their laws and regulations, should be provided by both countries. The countries have agreed not to revoke or invalidate a patent, either totally or in part, without the patent owner being given the opportunity to make observations on the intended revocation or invalidation, and to make amendments and corrections, if permitted under the local law of either of the countries.
Each Party shall provide a patent applicant with at least one opportunity to make amendments, corrections, and observations in connection with its application, in accordance with its laws and regulations. Of course, the basic requirement remains, i.e. such amendments do not go beyond the scope of the disclosure of the invention, as of the filing date. The India-UK CETA emphasises the importance of effective opposition mechanisms. Both pre-grant and post-grant opposition procedures are laid down, and decisions must be delivered within a "reasonable period of time." Patent applicants are also permitted to amend claims during examination or opposition, ensuring flexibility while upholding examination quality.
A notable feature is the treatment of disclosure and working requirements. While Parties may require patentees to disclose information on the "working" of a patent, the agreement stipulates that such disclosure cannot be required more frequently than once every three years and mandates that the confidential information shall not be made available in the public domain in normal circumstances. Moreover, non-disclosure cannot result in criminal penalties such as imprisonment, thereby protecting patentees from disproportionate sanctions.
The agreement promotes cooperation between patent offices, including sharing search and examination results and participation in international frameworks such as the WIPO CASE system. The aim is to enhance quality, efficiency, and consistency in patent examination while avoiding duplication of effort.
Traditional Knowledge Associated with Genetic Resources
The India-UK CETA acknowledges the importance of Traditional Knowledge and Genetic Resources in innovation, sustainable development, and cultural identity. The countries affirm that indigenous knowledge systems and biodiversity resources must be respected and protected against misappropriation.
A notable feature of the chapter is the commitment to cooperation through databases and documentation systems. The agreement explicitly refers to mechanisms such as India's Traditional Knowledge Digital Library (TKDL), which records traditional medicinal knowledge to prevent wrongful patenting. By facilitating the exchange of information between patent offices, the India-UK CETA aims to ensure that patent examiners have access to TK documentation to determine prior art, thereby reducing the risk of granting erroneous patents over community-owned knowledge.
The India-UK CETA also encourages both countries to explore the introduction of disclosure of origin requirements in patent applications involving genetic resources or traditional knowledge. Such provisions would require applicants to indicate the source of Genetic Resources or Traditional Knowledge used in their inventions, thereby promoting transparency and helping to prevent misappropriation.
The agreement promotes cooperation in capacity building, awareness, and technical assistance relating to genetic resources or traditional knowledge. This includes training for patent examiners, public awareness campaigns, and collaborative efforts to integrate TK considerations into IP systems. Such measures enhance mutual understanding of how traditional systems of knowledge interact with modern intellectual property regimes.
Trademarks
Trademarks are defined broadly as any visually perceptible sign capable of distinguishing goods or services. The chapter also recognises the doctrine of acquired distinctiveness, ensuring that even marks which may initially lack inherent distinctiveness can gain protection through use. Trademark owners are conferred exclusive rights to prevent unauthorised use of identical or confusingly similar marks in commerce, thereby safeguarding brand identity and consumer trust.
A significant feature of the India-UK CETA is the protection granted to well-known marks, which do not require registration for enforcement. This aligns with the expanded recognition of reputation-based rights under the Paris Convention. The agreement also empowers authorities to refuse or cancel applications filed in bad faith, preventing misuse of the registration system by opportunistic or dishonest applicants.
The chapter emphasises procedural clarity and efficiency, and parties must provide electronic filing systems, publicly accessible online databases, and mechanisms for opposition and cancellation of marks. The initial term of registration is at least 10 years, with indefinite renewals permitted in successive 10-year terms.
Acknowledging the growing role of the digital economy, the India-UK CETA contains clauses to address domain name disputes. Remedies such as cancellation, transfer, or damages are made available in cases where domain names are registered or used in bad faith and are confusingly similar to registered trademarks. This ensures that brand owners are protected not only in physical markets but also in the online landscape.
Geographical Indications
A distinct highlight of the chapter is its comprehensive framework for geographical indications (GIs). GIs have received a sui generis system of protection, particularly for wines, spirits, agricultural products, and foodstuffs. The countries also retain the option to protect other categories, including handicrafts, through trademarks or other legal means.
The India-UK CETA obliges both Parties to provide the legal means against misuse, imitation, or evocation. Protection extends not only to direct use of a registered GI on non-originating products, but also to any misleading representation suggesting a false geographical origin. This safeguards consumers from deception while preserving the economic and cultural value embedded in GI products.
The India-UK CETA requires that each Party maintain a publicly accessible register of GIs and provide clear procedures for filing, examination, opposition, and cancellation. Applications must be published to allow interested parties to object, thereby ensuring transparency and participation. The commitment to streamlined and accessible systems will benefit producers seeking GI protection both domestically and across borders.
The chapter contains provisions addressing the relationship between GIs and trademarks, recognising the possibility of conflicts. While registered trademarks may coexist with GIs under certain conditions, protection of GIs is ensured even against later trademark registrations. This prioritisation strengthens the integrity of GI systems while balancing existing trademark rights.
The Parties commit to effective enforcement of GI rights, including civil, administrative, and border measures. Protection applies even when a GI is translated, transliterated, or accompanied by terms such as "kind," "type," or "style." Such detailed provisions are aimed at preventing dilution of GIs and ensuring that only authentic producers benefit from their unique reputation.
The India-UK CETA encourages bilateral cooperation in the promotion and enforcement of GIs, including information-sharing, training, and technical assistance. For India, this opens opportunities to promote its wide range of GI products in the UK market, while for the UK, it ensures recognition of iconic products such as Scotch whisky.
Industrial Designs
The India-UK CETA requires Parties to provide protection for independently created designs that are new or original. This ensures that creators are rewarded for innovative product aesthetics while preventing monopolisation of common or generic appearances. Importantly, protection applies regardless of the field of industry, thereby recognising the commercial value of design innovation across diverse sectors.
Owners of protected designs are conferred exclusive rights to prevent unauthorised making, offering for sale, selling, or importing of products incorporating or embodying the design. These rights ensure that third parties cannot commercially exploit a design without the consent of the right holder.
The India-UK CETA establishes a minimum term of protection of 15 years, consistent with international practices. This period provides sufficient commercial security for design owners to recover their investments and benefit from their creations, while also ensuring the entry of designs into the public domain to encourage wider innovation.
Parties are required to provide electronic filing systems and maintain publicly accessible online databases of registered designs. Additionally, applicants are permitted to file multiple design applications within a single filing, streamlining processes and reducing administrative burdens.
The chapter mandates protection of independently created designs that are new or original for at least 15 years. This section ensures the design owner can prevent third parties from making or selling imitative products for commercial purposes. Exceptions are allowed, provided they do not interfere with the legitimate exploitation of rights.
While the agreement primarily focuses on registered design protection, it also provides for the countries to extend optional protection to unregistered designs. This is particularly relevant in fast-moving industries such as fashion, toys, etc.
Copyright and Related Rights
A broad spectrum of rights is granted to authors, performers, producers of phonograms, and broadcasting organisations. The India-UK CETA upholds the core bundle of exclusive rights traditionally granted to authors, including the rights of reproduction, distribution, communication to the public, and rental of their works. By expressly recognising these rights, the India-UK CETA ensures that authors enjoy effective economic and moral control over the exploitation of their creations in both physical and digital environments.
Performers enjoy rights over the fixation, reproduction, distribution, and making available of their performances, while producers of phonograms hold equivalent rights over sound recordings. Broadcasting organisations are granted rights over the fixation and rebroadcasting of their transmissions, as well as over the reproduction of fixations. This comprehensive coverage ensures that creative intermediaries are adequately protected across media platforms.
One of the notable additions in the chapter is the inclusion of an artist's resale right, under which authors of original works of art are entitled to a royalty upon the resale of their works. Although implementation is subject to reciprocal application, this provision reflects a progressive recognition of the ongoing economic interests of artists in the secondary art market.
The agreement extends the term of copyright protection beyond the Berne minimum. Authors' works are protected for the life of the author plus 60 years, while related rights are similarly extended: phonograms and performances are protected for 60 years, and broadcasts for at least 25 years. This ensures longevity of protection and harmonisation with global standards.
The chapter allows Parties to provide limitations and exceptions to copyright, but strictly in line with the three-step test, i.e., they must apply to certain special cases, not conflict with normal exploitation of the work, and not unreasonably prejudice the legitimate interests of the right holder. This clause is designed to balance private rights with public interest considerations such as education, research, and access to knowledge.
Recognising the role of collective management organisations (CMOs), the India-UK CETA requires transparency and accountability in their functioning. This ensures that authors, performers, and producers receive fair remuneration, while users of works benefit from clear and predictable licensing mechanisms.
In line with the WIPO Internet Treaties, the agreement obliges Parties to provide legal protection against the circumvention of technological protection measures (TPMs) and rights management information. This is especially significant in the digital environment, where piracy and unauthorised dissemination threaten the creative economy.
Trade Secrets
Trade secrets are defined as:
- "A secret in the sense that it is not, as a body or in the precise configuration and assembly of its components, generally known among or readily accessible to persons within the circles that normally deal with the kind of information in question;
- has commercial value because it is secret; and
- has been subject to reasonable steps under the circumstances, by the person lawfully in control of the information, to keep it secret.
These provisions align with the guidelines established in Article 39 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), but they go further by setting forth more detailed standards of protection.
The India-UK CETA requires each Party to provide the legal means to prevent trade secrets from being disclosed, acquired, or used without consent in a manner contrary to honest commercial practices. Examples of such unfair practices include industrial espionage, breach of contract, inducement to breach, or misuse of confidential information by employees or competitors.
While granting strong protection, the agreement ensures a balance with the public interest. It clarifies that measures protecting trade secrets shall not restrict:
- The exercise of freedom of expression and information,
- The disclosure of misconduct, wrongdoing, or illegal activity (whistleblower protection), and
- The use of information for safeguarding public health, safety, or the environment.
This balance prevents trade secret law from being misused to stifle transparency or suppress information that serves the larger public good.
The India-UK CETA also obliges both parties to adopt judicial procedures that allow trade secret holders to enforce their rights effectively. Courts and authorities must be empowered to order injunctions, damages, and corrective measures against misappropriation. At the same time, judicial proceedings must preserve the confidentiality of the trade secret itself, preventing further disclosure during litigation.
This increased specificity is especially crucial in today's landscape of data-driven innovation, where the ability to protect confidential proprietary information can significantly influence a company's market position and foster continued development of new technologies and services.
Enforcement Provisions
Effective enforcement underpins the entire chapter. Parties are required to provide judicial remedies, border measures, and administrative procedures to combat infringement, including online piracy and counterfeiting. Proportionality, due process, and transparency are explicitly required, reflecting a rights-sensitive approach to enforcement.
Conclusion
Chapter 13 of the India-United Kingdom Comprehensive Economic and Trade Agreement establishes a comprehensive intellectual property regime that balances the protection of right holders with wider public interest considerations for both countries. With most notable features being reaffirmation of public health safeguards, detailed frameworks for cooperation and transparency, and procedural modernisation across IP categories, the chapter advances not only the protection of creativity and innovation but also the facilitation of trade, investment, and socio-economic development. It demonstrates the evolving role of IP as a public policy tool in the architecture of international economic relations. For Indian innovators, creators and brand owners, the India-UK CETA provides a gateway into one of the world's most sophisticated consumer markets. At the same time, for the UK, it secures preferential access to one of the fastest-growing economies.
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