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Sujit Nair's TEPA analysis: IPR, Make in India, and Technology transfer provisions

Detailed breakdown of IPR, the benefits and provisions in TEPA for India and EFTA countries

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Sujit Nairs TEPA analysis: IPR, Make in India, and Technology transfer provisions
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2 April 2024 6:27 PM IST

Hyderabad: India inked a modern and ambitious Trade and Economic Partnership Agreement (TEPA) with the European Free Trade Association (EFTA), marking a historic milestone in international trade relations. This groundbreaking agreement is the first Free Trade Agreement (FTA) India has signed with four developed nations within the European economic bloc.

For the first time in the history of FTAs, a binding commitment of $100 billion in investment creating 1 million direct jobs over the next 15 years has been secured. The agreement is poised to significantly boost India's 'Make in India' initiative, offering ample opportunities to the country's young and talented workforce. Moreover, TEPA is set to open a window of opportunity for Indian exporters to access vast European and global markets.

In July 2023, Piyush Goyal Union Minister of Commerce & Industry met the European Free Trade Association (EFTA) delegation, led by the Swiss State Secretary for Economic Affairs, Helene Budliger Artieda, in London. Piyush Goyal reaffirmed that the primary objective of these negotiations was to establish a fair, mutually beneficial, and comprehensive trade deal between India and EFTA. He emphasized the importance of a comprehensive trade deal that addresses India's and EFTA's needs and aspirations, fostering closer economic ties and promoting sustained growth.



In an exclusive discussion with Sujit Nair (SN), a notable figure in Track 1.5 Diplomacy within the India-UK/India-EU corridor Bizz Buzz (BB) tries to understand the various aspects of the agreement. In the second part of the series, Sujit details the provisions and clauses mentioned in the agreement between India and EFTA on Intellectual Property Rights (IPR), and the repercussions of the Trade and Economic Partnership Agreement (TEPA) on the Make in India initiatives.

BB: The TEPA includes provisions for Intellectual Property Rights (IPR) aligning with TRIPS standards. How do these IPR commitments benefit both India and the EFTA countries?

SN: The agreement between India and EFTA includes provisions and clauses for Intellectual Property Rights (IPR) which align with the Trade-Related Aspects of Intellectual Property Rights (TRIPS) standards which can mutually benefit both regions. The protection of intellectual property promotes trade and investment, provides access to markets, encourages technological advancement, and contributes to economic growth.



For India
For EFTA
Rights and Access
Strikes a balance between protecting creators' rights while ensuring affordable access to essential access to goods and services
Allows flexibility under TRIPS, allowing compulsory licensing and access to medicines while engaging in social responsibility without fear of infringement
Protection of IPR
The Indian legal framework ensures and adheres to TRIPS standards. Safeguarding innovation, research, and creativity by entrepreneurs while motivating them to push creative boundaries in tech and production.
The IPR provisions will level the playing field across borders. Collaboration joint research and commercialisation of solutions with the content created can benefit both
Trade and Investment
Aligning with the standards will boost confidence in India which can further create India's image as a positive investment
Gaining access to India's vast market whilst the provisions reduce risks associated with transfer and investment
Technological transfer
TRIPS compliance will facilitate smoother licensing agreements, joint ventures and collaborative research
Eases the worry of intellectual theft and shifts focus on research and development


BB: Some critics have expressed concerns about the impact of the India-EFTA FTA on India's 'Make in India' initiative. How does the agreement address these concerns and support domestic manufacturing?

SN: India’s emphasis on promoting homegrown products and supporting local industries has given rise to questions regarding the impact of the India-EFTA agreement on the flagship initiative ‘Make in India’ and its implications for businesses seeking market entry. However, these points have undergone thorough discussion during various rounds of negotiations, aligning with the goals of domestic manufacturing in India and the interests of the EFTA bloc.

One major concern has been the potential flood of foreign goods in the Indian market, affecting domestic manufacturers. Notably, the agreement allows Indian manufacturers to simultaneously export to EFTA markets. Another significant concern pertains to job creation and whether technology transfer will genuinely benefit India. Collaborative joint ventures will not only generate employment but also enhance India’s technological capabilities, thereby boosting productivity.

Sustainable development and tariff rationalization have also been points of contention. However, the agreement ensures a balanced approach. Both India and EFTA gain in specific sectors, levelling the playing field while diversifying imports and reducing dependency on a single source. This Free Trade Agreement (FTA) has meticulously weighed the pros and cons, addressing all possible concerns, and aims to showcase India as a competitive global player while creating a win-win situation for both partners.

IPR Make in India TEPA Helene Budliger Artieda Piyush Goyal Sujit Nair 
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