Introduction
The long-negotiated Free Trade Agreement (“FTA”) India and the European Union (“EU”) finally concluded in January, 2026. After years of negotiation, the two economic blocs have crafted a framework intended to deepen commercial integration while reinforcing regulatory cooperation across sectors[1]. It is safe to say that this FTA is the “Mother of All Deals” as it marks a strategic trade pact between the fourth-largest and second-largest economies in the world[2].
Being considered as one of the most significant FTA of the 21st century, the final agreement spans a wide array of sectors, including goods, services, regulatory cooperation, financial investment and Intellectual Property Rights (“IPR”).
Reaffirming TRIPS commitments, the IP chapter of the FTA fosters a unified framework to protect and enforce IPR across both jurisdictions, with the joint goal to support innovation as well as promote technology access for all. To conform to its goals, the FTA covers almost all IP regimes, including copyrights, trademarks, technology transfer, GIs, industrial designs, trade secrets, plant varieties, Traditional Knowledge Digital Library (TKDL) and enforcement measures[3].
IPR Framework in the FTA
IPR is embedded as a standalone chapter carrying immense significance in facilitating trade between the two economies through the EU-India FTA. The IP chapter aims to:
- promote innovation and creativity in India and the EU;
- facilitate trade of innovative and creative goods and services between India and the EU, and;
- reduce barriers to trade and incentivise investments in a manner conducive to a more sustainable and inclusive economy[4].
Some of the key features are listed below:
TRIPS plus standards – Patents & Public-Health Safeguards
The FTA has not merely appended IP as a ‘peripheral subject’ or mirrored the provisions of the Trade-Related Aspects of Intellectual Property Rights (“TRIPS”), but has attempted develop a baseline that complement the rights and obligations between the Parties beyond the standard WTO norms.
EU’s longstanding IP protection philosophy is biased towards fostering commercialisation of IPRs across borders. This approach is a strategic shift from India’s flexibility-friendly IP regime, that blends more towards incentivizing innovation and facilitating trade. The “TRIPS-plus standards” pushed by the EU would likely impose certain obligations that exceed the minimum requirements laid down by the WTO.
From India’s perspective, such provisions raise constitutional and policy concerns. For instance, Indian patent law has been carefully calibrated to discourage incremental or “evergreening” patents while preserving compulsory licensing and other public-interest tools. Patent term extension and Data exclusivity protections can have far-reaching implications re. availability of pharmaceutical products at affordable prices to the Indian masses, as this would delay the entry of generic medicines in the Indian markets or lead to increase in medicine prices for vulnerable populations in India. This would also affect global supply of certain medicines, as the Indian pharma companies are major suppliers of affordable medicines internationally.
Importantly, the FTA also reaffirms the Doha Declaration on TRIPS and Public Health, that supports the right of member nations to interpret and implement IP obligations in a manner thar primarily support the public health objectives. This safeguard is particularly important for India, being a developing economy, as it allows the market to draw a balance between innovation, incentivization as well as access to medicines.
Trade Secrets and Confidential Information
Protection of trade secrets and undisclosed information will be significant particularly for technology-driven collaborations and joint ventures that often face disputes regarding the foreground IP involved in the business and partnership. The FTA aims to increase cross-border data transfer, by guaranteeing data protection and safe transfer mechanisms; so as to protect commercial know-how, proprietary algorithms and important manufacturing processes.
Cross-Border Enforcement Cooperation – Trademarks & Counterfeiting
The FTA boosts confidence of business owners and IP rights holders, by facilitating cross-border collaboration for better customs enforcement, border measures, and judicial cooperation. This would significantly help in curbing counterfeiting, combating infringement of piracy and reduce trade secret theft across these borders. For instance, multinational companies owning trademark rights internationally could expand their enforcement architecture across both jurisdictions, basis the stronger legal remedies that would be made available in cases of infringement.
However, these enhanced enforcement standards require enhanced compliance standards for businesses in India and EU as well. For instance, international IP owners and IP portfolio holders must be procedurally ready for administrative actions and litigation in international and domestic fora alike.
Opportunities for Innovation and Regulatory Convergence
The IPR framework in this FTA presents significant opportunities for innovators and creators. Harmonised IP standards reduce uncertainty for research & development, as well as and commercialisation and enforcement of IPRs across border.
By aligning with European regulatory standards, Indian innovators can unlock deeper market access and build long-term partnerships in the EU market.
Geographical indications
Gi remains another area of strategic interest in the FTA. The EU traditionally promotes robust GI protection for agricultural and food products. India is also increasingly leveraging its GI regime for products such as Darjeeling tea, Basmati rice, and numerous handicraft products. The new framework promotes the registration, protection and enforcement of GI across India and EU.
Creative Industry – Copyright and Digital Rights
Both economies have given significant consideration to digital content, software, film, publishing, and allied online services.
The EU has taken its traditional ‘regulatory approach’ and favoured author-centric protections and enforcement tools, for instance, extension of the term of copyright protection. This approach is relatively new for India and would translate into stronger compliance obligations and expectations revolving around licensing models, digital rights’ management systems, and platform liability standards for Indian creative enterprises and companies. For European companies entering the Indian market, the FTA is promising enforcement commitments to pursue faster remedies against unauthorised reproduction and streaming.
Traditional Knowledge Digital Library (TKDL)
The FTA recognises the importance of strategically protecting indigenous knowledge systems and considers it as a key asset. India’s Traditional Knowledge Digital Library is highlighted as a unique repository, that documents Indian traditional medicinal and botanical knowledge from centuries.
The need to digitally document and systematically protect knowledge imparted under Ayurveda, Unani, Siddha and Yoga in internationally accessible formats has been specifically recognized under the FTA. Digitally storing and protecting such knowledge platforms would prevent their misuse and misappropriation, thereby ensuring that cultural heritage and traditional knowledge is equally respected as, and alongside other modern IP regimes across borders
Plant Varieties and Agritech Innovation
The FTA promises to boost agricultural trade as it has offered preferential access for several Indian products including tea, spices, and grapes. Enhancing protections for plant varieties under the IPR regime, in addition to protection of traditional knowledge and geographical indications would also promote innovation in the agricultural sector.
Strategic Imperatives for IP Counsel
The finalisation of the FTA has created new opportunities for IP practitioners and in-house legal teams to navigate, interpret, and comply with the evolving post-FTA intellectual property landscape. The Agreement calls for a strategic recalibration of IP protection, enforcement, and compliance frameworks so that stakeholders can effectively leverage the enhanced bilateral regime. To maximise the benefits of the FTA while managing regulatory exposure, IP counsel must adopt a forward-looking and sector-specific approach.
Some priority steps for IP lawyers are outlined below:
- Conduct audits to review IP portfolios in India and EU; and strengthen enforcement readiness and lifecycle management in light of the FTA.
- Inform, advise and prepare clients for the newly introduced and enhanced enforcement mechanisms and related procedural obligations.
- Actively engage with policymakers on deciding the implementation of the FTA mechanisms, especially for sensitive sectors wherein IP ownership and commitments directly impact socio-economic outcomes, such as pharmaceuticals, agritech and digital services.
Conclusion
An archetype shift in how intellectual property will be perceived and governed; the EU-India FTA 2026 elevates IP protection standards in many ways that could even lock India into EU’s tough regulatory standards. While the FTA would surely uphold rights of IP owners and increase commercialization and registration benefits, the implementational of the FTA’s standards in India must be done solely keeping in mind the critical public policy flexibilities that India requires, especially being a developing nation and having a large vulnerable population.
IP professionals must navigate the framework and its actual implementation with strategic foresight and balanced advocacy that aligns innovation and equitable access leading to overall economic growth.
How MAHESHWARI & CO. can help
MAHESHWARI AND CO. is a full-service Law Firm that represents its clients in a number of complex and high-value transactions. Our seasoned attorneys specialize in all aspects of Intellectual Property Rights. The Firm is well positioned to help companies and individuals leverage their Intellectual Property Rights in India and internationally, aiming to accelerate and strengthen the commercialization of the intellectual properties across global jurisdictions.
As a trusted legal partner offering end-to-end IP services, including trademarks, patents, copyright and design advisory, filing, prosecution, enforcement, litigation, as well as holistic portfolio management, the firm can guide clients through complex procedural and substantive IP requirements resulting from the recent EU-India FTA.
As your long-term partner for your IPR management needs, MAHESHWARI AND CO. would ensure global business expansion; and comprehensively protect client’s Intellectual Property Rights with alacrity and prompt efficiency.
- Factsheet, India and European Union Trade Agreement, < chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.commerce.gov.in/wp-content/uploads/2026/01/Factsheet-on-India-EU-trade-deal-27.1.2026.pdf>.
- Ministry of Commerce and Industry, “India–EU Free Trade Agreement Concluded: A Strategic Breakthrough in India’s Global Trade Engagement”, <https://www.pib.gov.in/PressReleasePage.aspx?PRID=2219065®=3&lang=2.>
- Shubhi ( 2026), “The ‘Mother of All Deals’ Is Here: India and EU Seal Historic Free Trade Agreement”, SCC Online <https://www.scconline.com/blog/post/2026/01/30/india-eu-free-trade-agreement-explained/>.
- MEMO: EU-India Free Trade Agreement: Chapter-by-Chapter Summary, Trade and Economic Security, European Commission < https://policy.trade.ec.europa.eu/eu-trade-relationships-country-and-region/countries-and-regions/india/eu-india-agreements/memo-eu-india-free-trade-agreement-chapter-chapter-summary_en#:~:text=Intellectual%20Property,-The%20EU%20and&text=The%20IP%20chapter%20aims%20to,more%20sustainable%20and%20inclusive%20economy>.
