The copyright stakes in the EU FTA

Source: The post “The copyright stakes in the EU FTA” has been created based on “The copyright stakes in the EU FTA” published in “The Hindu” on 21st September 2026.

UPSC Syllabus: GS-2-International Relations

Context: The proposed India–EU Free Trade Agreement (FTA) contains intellectual property provisions that may require changes to India’s Copyright Act, 1957. While stronger copyright protection can promote innovation, some provisions may affect India’s existing safeguards for education, research, libraries and digital services.

Key Concerns

1. Departure from the WIPO Copyright Treaty (WCT):
   1. The draft reportedly omits the National Treatment clause of the WCT while retaining stronger enforcement obligations.
   2. This could reduce India’s flexibility in framing copyright exceptions suited to its domestic needs.
2. Impact on educational and research exceptions:
   1. India’s Copyright Act provides exceptions for education, research and related activities.
   2. A strict anti-circumvention regime could make it difficult for students and security researchers to bypass digital locks for legitimate purposes.
3. Threat to libraries and archives:
   1. Libraries and academic archives increasingly use format-shifting to preserve digital and printed material.
   2. Strong technological protection measures could restrict such preservation activities.
4. Impact on Internet Service Providers (ISPs):
   1. Existing Indian rules provide safe-harbour protection to ISPs for certain temporary or incidental copies created during data transmission and caching.
   2. The proposed provisions could expose intermediaries to greater copyright liability.
5. Possible changes to Section 65A:
   1. Section 65A of the Copyright Act provides exceptions where technological protection measures are circumvented for permitted purposes.
   2. The draft provisions could narrow the practical scope of such exceptions.
6. Chilling effect on education and research: Students, researchers, libraries and educational institutions could face greater legal uncertainty while accessing or preserving digital material.

Way Forward

1. India should seek to retain the National Treatment principle under the WCT in the final agreement.
2. Existing copyright exceptions for education, research, libraries and archives should be preserved.
3. Anti-circumvention provisions should contain clear exceptions for legitimate activities, including security research and interoperability.
4. The existing safe-harbour framework for Internet intermediaries should not be unnecessarily weakened.
5. India should ensure that FTA commitments do not restrict Parliament’s ability to maintain digital copyright flexibility.

Conclusion: India needs to balance effective copyright protection with access to knowledge, education, research and digital innovation. The India–EU FTA should therefore protect intellectual property while preserving the flexibility available under India’s domestic copyright framework.

Question: The proposed copyright provisions in the India–EU Free Trade Agreement may affect India’s digital policy flexibility and existing copyright exceptions. Discuss the concerns and suggest a balanced way forward.

Source: The Hindu