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Impact of FTAs on IPRs & how will India be affected by EU’s CBAM?

Trade Agreements

Context:

Hidden Dealings Impacting Citizens: India’s trade talks with the EU and UK remain shrouded in secrecy, leaving citizens unaware of deals directly affecting them. These undisclosed negotiations prioritize bilateral benefits, posing a challenging predicament for Indian negotiators.

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Comprehensive Free Trade Agreements (FTAs)

Free Trade Agreements (FTAs) play a pivotal role in fostering the cross-border exchange of goods and services. Frequently, these agreements involve concessions from developing nations concerning Intellectual Property Rights (IPRs). The terms of FTAs often prioritize the facilitation of international trade but can generate concerns regarding their repercussions on domestic industries. This is particularly evident in the realm of Intellectual Property Rights, where developing nations may find themselves compelled to make concessions that could potentially impact their own industries.

The intersection of FTAs and Intellectual Property Rights raises questions about the balance between global trade facilitation and safeguarding the interests of domestic industries. As these agreements unfold, it becomes crucial to navigate the potential challenges to ensure that the benefits of free trade are realized without disproportionately affecting the economic landscape of developing nations.

The EU’s Carbon Border Adjustment Mechanism (CBAM)

The EU’s CBAM, hailed as a climate change combatant, is poised to affect India’s metal exports. Criticized by several nations, including BASIC countries, it’s consider as coercive and a unilateral introduction of trade barriers.

Implications for India

With the EU as India’s third-largest trading partner, CBAM’s implementation could significantly impact India’s metal sector. Approximately 27 percent of India’s iron, steel, and aluminium exports, valued at US $8.2 billion, are to the EU.

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Conflict Over Intellectual Property Rights

Negotiations involve challenging topics such as data exclusivity and patent extension. India places a high priority on safeguarding its generic drug industry and public healthcare programs, highlighting a commitment to prioritizing access to affordable generic medicines over enforcing stringent intellectual property (IP) regulations.

Conclusion: Prioritizing Fairness and Clarity

The lack of transparency in trade negotiations raises concerns about fairness and impacts on vital sectors. Balancing international trade while safeguarding domestic interests remains a pivotal challenge requiring a transparent, equitable approach.

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