Médecins Sans Frontières - 05 March 2026
DNP+ and MSF welcome the removal of harmful IP provisions in EU-India FTA , but call for continued vigilance
In January 2026, India and the European Union (EU) announced the signing of a free trade agreement (FTA) first opened for negotiation in 2007. Following the publication of the full text by the Government of India last week, Delhi Network of Positive People (DNP+) and Médecins Sans Frontières (MSF) notes positively that the intellectual Property (IP) chapter of this trade deal largely preserves India’s public health safeguards and does not include any harmful provisions that go beyond the World Trade Organization’s TRIPS agreement, such as data exclusivity or patent term extensions.
However, we also note that certain other provisions in this text agreement may impact generic competition and hence require careful consideration before implementation. The inclusion of stricter enforcement measures that go beyond the requirement of the TRIPS Agreement could have a chilling impact on generic competition if not implemented with strong public interest protections. Additionally, the new trade secrets framework included in this agreement introduces legal standards, if applied broadly, risk limiting transparency or the effective use of public health safeguards.
Community networks and civil society organisations, including MSF have consistently pushed back against trade rules that could undermine access to medicines and have called for preserving the policy space in India to use TRIPS flexibilities in its domestic laws and maintain its role as the “pharmacy of the developing world”. Indian laws contain important safeguards that allow timely generic competition, and prevent pharmaceutical corporations from unjustly extending their monopolies. These safeguards have helped ensure that India continues to offer a steady global supply of affordable, quality-assured lifesaving medicines produced by Indian generic manufacturers.
Loon Gangte, President, Delhi Network of Positive People
After two decades of determined resistance by affected communities and civil society, this moment marks a hard-fought victory.
The exclusion of data exclusivity and patent term extension from Intellectual Property chapter are not abstract legal victories: they ensure that medicines do not remain out of reach for years after patents expire.”
We call on Indian policymakers and parliamentarians to stand firm against any future pressure from wealthy countries or multinational pharmaceutical corporations that threatens India’s ability to produce and supply affordable generic versions of newer, lifesaving medicines needed by millions of people across the globe. People’s lives must always come before corporate monopolies.
Roshan Joseph, Legal and Policy Advisor, MSF Access
We welcome the positive outcomes of this agreement, which ensures that provisions expanding pharmaceutical monopolies beyond international trade rules are not included
As an international medical humanitarian organisation, MSF has seen firsthand how health safeguards in Indian laws have prevented unwarranted monopolies and kept lifesaving medicines within reach for people in low- and middle-income countries.
At the same time, we call on Government of India to ensure careful implementation of the enforcement and trade secret provisions which will be crucial to maintaining these hard-earned gains and ensuring they do not block the entry of affordable generics into the market. Medicines and medical tools should never be a luxury.
Parthesarathy Rajendran, Executive Director, MSF South Asia
India’s leadership in promoting generic competition has resulted in millions of people across the world having access to affordable lifesaving medicines.
We urge the Indian government to continue to maintain this lifeline and push back against any external pressure of extending monopoly protection of medical tools. So many lives depend on it worldwide.”
Signed FTAs often set the blueprint for future negotiations. We hope the positive elements of the intellectual property in the EU-India trade agreement serve as a template for other countries, enabling them to resist pressure during trade negotiations and safeguard access to affordable medicines.
