India has secured robust safeguards in the India–UK Comprehensive Economic and Trade Agreement (CETA) to fully preserve its rights on compulsory licensing, including during public health emergencies, the government said on Friday. The agreement reaffirms India’s discretion to act in the public interest without additional conditions.

Under the deal, India retains powers under Sections 84 and 92 of the Patents Act, 1970, covering general compulsory licensing and licensing during health emergencies. The CETA does not impose procedural delays, prior negotiation requirements, or additional thresholds that could hinder India’s use of compulsory licenses, said Jitin Prasada, Minister of State for Commerce and Industry, in Rajya Sabha.

The agreement also guarantees non-discriminatory access for Indian firms to the UK’s public procurement market, valued at over £90 billion ($122 billion) annually. Key sectors benefiting include IT, pharmaceuticals, and services, with opportunities in major institutions such as the National Health Service (NHS).

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In terms of market access, the UK has agreed to asymmetric thresholds, setting SDR 130,000 for UK goods and services procurement while India enjoys a higher threshold of SDR 450,000. This provides Indian companies with preferential access to multiple sectors in the UK, enhancing trade opportunities.

The CETA marks a significant move by the UK, which for the first time has relaxed provisions from the World Trade Organisation Government Procurement Agreement and other FTAs, allowing for increased participation of Indian firms under controlled categories.

Experts say the deal not only protects India’s public health and intellectual property rights but also opens avenues for Indian businesses to expand in global markets. It is expected to enhance competition, reduce costs, and encourage technology adoption in government procurement projects.

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