Pharma & Healthcare Update
August 04, 2025
India–UK FTA May Boost Pharma Exports

This article was first published in bwlegalworld.com (August, 01, 2025).


The recently signed India-UK Comprehensive Economic and Trade Agreement (CETA) is being welcomed by the pharmaceutical industry in India for protecting provisions in the Patent Act, 1970 and increasing export opportunities. However, experts fear that the agreement may weaken India’s safeguards on compulsory licensing and tilt the balance toward big pharmaceutical companies.

According to the Ministry of Commerce and Industry, the CETA does not mandate provisions that extend patent terms or introduce data exclusivity. These are the two common tools used to prolong monopoly rights over drugs beyond the original patent period. This is seen as a major win for India’s USD 25 billion generic drug industry, which exports about half of its output globally. The ministry said that Section 3(d) of the Patent Act remains intact and fully protected.

Section 3(d) prohibits companies from extending their patent monopoly by making minor modifications to existing drugs (like changing the form, dosage or salt composition) and claiming them as new inventions, unless they show a significant improvement in therapeutic efficacy.

Please click here for our detailed article.

 

Authors

Priyadarsini SAbhay Porwal and Tanya Kukade

You can direct your queries or comments to the relevant member.


Disclaimer

The contents of this hotline should not be construed as legal opinion. View detailed disclaimer.

This Hotline provides general information existing at the time of preparation. The Hotline is intended as a news update and Nishith Desai Associates neither assumes nor accepts any responsibility for any loss arising to any person acting or refraining from acting as a result of any material contained in this Hotline. It is recommended that professional advice be taken based on the specific facts and circumstances. This Hotline does not substitute the need to refer to the original pronouncements.

This is not a Spam mail. You have received this mail because you have either requested for it or someone must have suggested your name. Since India has no anti-spamming law, we refer to the US directive, which states that a mail cannot be considered Spam if it contains the sender's contact information, which this mail does. In case this mail doesn't concern you, please unsubscribe from mailing list.


Pharma & Healthcare Update

August 04, 2025

India–UK FTA May Boost Pharma Exports


This article was first published in bwlegalworld.com (August, 01, 2025).


The recently signed India-UK Comprehensive Economic and Trade Agreement (CETA) is being welcomed by the pharmaceutical industry in India for protecting provisions in the Patent Act, 1970 and increasing export opportunities. However, experts fear that the agreement may weaken India’s safeguards on compulsory licensing and tilt the balance toward big pharmaceutical companies.

According to the Ministry of Commerce and Industry, the CETA does not mandate provisions that extend patent terms or introduce data exclusivity. These are the two common tools used to prolong monopoly rights over drugs beyond the original patent period. This is seen as a major win for India’s USD 25 billion generic drug industry, which exports about half of its output globally. The ministry said that Section 3(d) of the Patent Act remains intact and fully protected.

Section 3(d) prohibits companies from extending their patent monopoly by making minor modifications to existing drugs (like changing the form, dosage or salt composition) and claiming them as new inventions, unless they show a significant improvement in therapeutic efficacy.

Please click here for our detailed article.

 

Authors

Priyadarsini SAbhay Porwal and Tanya Kukade

You can direct your queries or comments to the relevant member.


Disclaimer

The contents of this hotline should not be construed as legal opinion. View detailed disclaimer.

This Hotline provides general information existing at the time of preparation. The Hotline is intended as a news update and Nishith Desai Associates neither assumes nor accepts any responsibility for any loss arising to any person acting or refraining from acting as a result of any material contained in this Hotline. It is recommended that professional advice be taken based on the specific facts and circumstances. This Hotline does not substitute the need to refer to the original pronouncements.

This is not a Spam mail. You have received this mail because you have either requested for it or someone must have suggested your name. Since India has no anti-spamming law, we refer to the US directive, which states that a mail cannot be considered Spam if it contains the sender's contact information, which this mail does. In case this mail doesn't concern you, please unsubscribe from mailing list.