India–UK CETA comes into force: The IP framework shaping a new era of Bilateral Trade

The entry into force of the India–United Kingdom Comprehensive Economic and Trade Agreement (CETA) and the Double Contribution Convention (DCC) on July 15, 2026 marks a defining moment in India–UK economic relations. Building on the 2021 Enhanced Trade Partnership and the India–UK Roadmap 2030, the two agreements transform a shared strategic vision into what the government of India describes as a "next-generation economic corridor."

Concluded on May 6, 2025 after fourteen rounds of negotiations and signed on July 24, 2025, the CETA is India's most comprehensive trade agreement to date. Spanning thirty chapters, it covers trade in goods, services across 137 sub-sectors, digital trade and, for the first time in an Indian bilateral trade agreement, government procurement.

Beyond reducing tariffs, the CETA establishes the legal and institutional framework for deeper trade, investment and innovation. As businesses on both sides expand cross-border operations, intellectual property assumes strategic importance. Chapter 13 provides the legal architecture that will shape and support this evolving commercial partnership.

Chapter 13 is among the most comprehensive IP chapters negotiated by India. It covers general IP principles, cooperation, trade marks, geographical indications (GIs), patents, industrial designs, copyright and related rights, trade secrets and enforcement. The chapter also establishes a permanent Working Group on Intellectual Property Rights to oversee implementation, promote cooperation and facilitate future dialogue [India–UK CETA, Chapter 13, Sections A–I and Article 13.15]. Its objective is to strengthen protection and commercial certainty while preserving India’s policy space on matters of public interest.

The chapter is firmly anchored in the TRIPS Agreement. The agreement expressly preserves each country’s ability to protect public health and nutrition, promote the public interest and prevent abuse of IP rights. It also reaffirms the Doha Declaration on TRIPS and Public Health, preserving the right to use TRIPS flexibilities and improve access to medicines. Voluntary licensing, including technology transfer on mutually agreed terms, is recognised as the preferred and optimal route [India–UK CETA, Chapter 13, Articles 13.3, 13.5 and 13.6].

Both countries reaffirm commitments under major international IP treaties, including the Berne Convention, Paris Convention, Madrid Protocol and Patent Cooperation Treaty, while committing to national treatment and greater transparency through online publication of IP laws and registers [India–UK CETA, Chapter 13, Articles 13.7–13.9].

The trade mark provisions create a predictable framework for businesses operating in both jurisdictions. They provide exclusive rights for registered marks, protection of well-known marks without registration, refusal or cancellation of bad-faith applications, transparent examination and opposition procedures, electronic filing and publicly accessible registers. The chapter also recognises remedies against bad-faith cybersquatting, which may include revocation, cancellation, transfer, damages and injunctive relief [India–UK CETA, Chapter 13, Articles 13.24–13.33].

The GI provisions establish a bilateral mechanism for protecting wines, spirits, agricultural products and foodstuffs through sui generis systems. Protected names will be added to Annex 13B through the IP Working Group, with both parties seeking an equitable number of recognised GIs. Protection extends to misleading use, unfair competition and false indications of origin while safeguarding generic terms and existing trade marks [India–UK CETA, Chapter 13, Articles 13.34–13.41]. Notably, both Annex 13B and Annex 13C stand empty at entry into force, so protection will attach only as names complete examination and opposition procedures and are formally listed [India–UK CETA, Chapter 13, Annexes 13B and 13C].

For India’s handicraft, natural and manufactured-goods GIs, to be listed in Annex 13C, which fall outside the UK’s GI regime, protection will be promoted through collective and certification marks [India–UK CETA, Chapter 13, Articles 13.17 and 13.40(3), read with Annex 13C.]. The agreement also requires future consultations if either Party expands GI protection or reforms its domestic regime, while the UK will review protection for non-agricultural GIs within three years [India–UK CETA, Chapter 13, Articles 13.41(4) and 13.45].

The patent provisions broadly reflect TRIPS while preserving each country’s authority to authorise use of patented inventions where permitted under TRIPS. A key benefit for India’s pharmaceutical industry is the mandated regulatory review (Bolar) exception, permitting activities connected with obtaining regulatory approval before patent expiry [India–UK CETA, Chapter 13, Articles 13.47, 13.49 and 13.50].

Patent applications subject to pre-grant opposition must be processed without undue delay. Patent working requirements are also modernised. Annual working statements may no longer be required, any disclosure obligation must occur at intervals of at least three years, confidential information must be protected and non-compliance cannot result in imprisonment [India–UK CETA, Chapter 13, Articles 13.55 and 13.56]. The agreement also allows reliance on traditional knowledge databases, including India’s Traditional Knowledge Digital Library, to prevent biopiracy [India–UK CETA, Chapter 13, Article 13.21].

Registered industrial designs must receive protection for at least fifteen years [India–UK CETA, Chapter 13, Article 13.58]. Copyright provisions broadly reflect India’s existing standards, with no immediate obligation to adopt the UK’s longer copyright term. However, India will review the issue within three years [India–UK CETA, Chapter 13, Article 13.69]. The chapter also introduces an artist’s resale right and strengthens protection for technological protection measures and rights management information [India–UK CETA, Chapter 13, Articles 13.67, 13.71 and 13.72].

The agreement requires both parties to provide legal protection against the unlawful acquisition, disclosure or use of confidential commercial information through breach of confidence, contractual violations, inducement or gross negligence, while preserving legitimate activities such as reverse engineering, independent discovery and whistleblowing. Civil proceedings must also protect confidentiality through restricted access to hearings and redacted judgments where appropriate [India–UK CETA, Chapter 13, Articles 13.73 and 13.84]. These provisions strengthen commercial confidence for technology, engineering, pharmaceutical and IT businesses operating across both jurisdictions.

The enforcement provisions form the operational foundation of Chapter 13. Civil courts must have authority to grant interim injunctions, preserve evidence, freeze assets in commercial-scale infringement cases, award damages and costs, and order destruction of infringing goods and materials predominantly used in their manufacture. Customs authorities may detain suspected infringing goods upon application by rights holders or on their own initiative using risk-based assessment [India–UK CETA, Chapter 13, Articles 13.74–13.95].

Criminal procedures must apply at least to willful trade mark counterfeiting and commercial-scale copyright piracy, including counterfeit labels and packaging, with deterrent penalties and asset forfeiture [India–UK CETA, Chapter 13, Articles 13.96–13.101]. The chapter also modernises digital enforcement by requiring effective remedies against online infringement, safe-harbour regimes for online service providers subject to appropriate conditions, judicial authority to issue blocking orders against intermediaries and encouragement for domain registries to suspend infringing domain names [India–UK CETA, Chapter 13, Articles 13.102–13.105].

Rather than creating a static regime, Chapter 13 establishes mechanisms for continuing cooperation through designated contact points, the permanent IP Working Group and collaboration on SMEs, artificial intelligence, clean technology, patent examination under the WIPO CASE system and enforcement coordination [India–UK CETA, Chapter 13, Articles 13.13–13.16]. Several issues remain subject to future engagement, including expansion of GI protection, non-agricultural GIs in the UK and possible copyright term extension in India. These review mechanisms allow the chapter to evolve alongside technological, commercial and regulatory developments.

The CETA also delivers significant commercial commitments beyond IP. The services package provides UK market access across 137 services sub-sectors and introduces structured mobility pathways, including an annual quota of 1,800 opportunities for Indian chefs, yoga instructors and classical musicians.

The Double Contribution Convention extends exemption from dual social security contributions from three to five years, benefiting more than 75,000 professionals and over 900 companies. Sensitive Indian agricultural sectors, including dairy, cereals, millets, edible oils, oilseeds and apples, remain protected through exclusion lists. For steel exporters, 85% of Indian exports remain outside the UK’s steel measures, while the remaining products benefit from country-specific quotas, residual quotas and the Authorised Use Scheme.

The entry into force of the India–UK CETA marks an important milestone in the evolution of India–UK economic relations. While the agreement delivers meaningful market access and commercial opportunities, its long-term significance lies in the institutional and legal framework that supports innovation, investment and cross-border business.

Chapter 13 reflects a balanced approach to intellectual property by strengthening protection and enforcement while preserving regulatory autonomy and public-interest safeguards. Equally significant, its review mechanisms and institutional cooperation recognise that intellectual property law must evolve alongside technological change, digital commerce and emerging industries.

For businesses, the agreement offers greater legal certainty and a more predictable environment for protecting and commercialising intellectual assets across both markets. As implementation gathers pace and bilateral trade moves towards the shared target of USD 100 billion by 2030, the effectiveness of Chapter 13 will ultimately be measured not only by stronger legal standards, but by its ability to foster innovation, facilitate technology-led collaboration and deepen the India–UK economic partnership.

About the authors: Vikrant Rana is the Managing Partner of S. S. Rana & Co. Huda Jafri is an Associate at the Firm.

Disclaimer: The opinions expressed in this article are those of the author. The opinions presented do not necessarily reflect the views of Bar & Bench.

If you would like your Deals, Columns, Press Releases to be published on Bar & Bench, please fill in the form available here.