Analysing‘patent’&‘undisclosed information’provisions under India-EFTA TEPA from access to medicine perspective

Analysing‘patent’&‘undisclosed information’provisions under India-EFTA TEPA from access to medicine perspective

To enhance export-oriented domestic manufacturing, India is actively negotiating International Investment Agreements (IIAs) with multiple nations. In March 2024, India signed an IIA with four European EFTA nations, aiming to attract $100 billion in investments. While many provisions of the IP-chapter of the Trade and Economic Partnership Agreement (TEPA) mirrors those in the TRIPS Agreement, an analysis of the IP-chapter and related annexures suggests that the agreement imposes TRIPS-plus standards on India. This study examines whether the provisions related to‘patents’and‘undisclosed information’could adversely impact India’s patent regime, potentially hindering access to essential medicines. It further evaluates relevant amendments to the Indian Patent Rules and assesses their combined impact on the Indian patent regime.