NEW DELHI: Robust safeguards are built into the India–UK Comprehensive Economic and Trade Agreement (CETA) to fully preserve India’s policy autonomy on compulsory licensing, including during public health emergencies, according to the government.
The CETA reaffirms the rights of both parties to utilise all flexibilities available under the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement, including compulsory licensing under "Articles 31 and 31bis".
“This preserves India’s discretion to act in the public interest without additional conditions. India’s powers under Section 84 (general compulsory licensing) and Section 92 (compulsory licensing in public health emergencies) of the Patents Act, 1970 remain fully intact. The CETA does not require any amendment or dilution of these provisions, ” informed Jitin Prasada, Minister of State for Commerce and Industry in Rajya Sabha.