top of page

The EU-India FTA 2026: Navigating A New Horizon for Trademarks and Brand Enforcement in India

  • Writer: Vrinda Sehgal
    Vrinda Sehgal
  • 1 hour ago
  • 4 min read

Introduction


Agreed on January 27, 2026 and being hailed as the “mother of all trade deals”, the India-EU Free Trade Agreement (“FTA” or “The Agreement”) is set to thrust India into a new trading era. Welcomed as a turning point in global trade, this deal aims to connect two of the most massive economic markets in the world. It is also likely to significantly impact intellectual property rights and laws in the regions. Without disrupting India’s existing legal framework, it is expected to elevate enforcement and administrative standards. It aims to reinforce intellectual property protection granted under the TRIPS agreement and is likely to also have a positive impact on enforcement in the country.


Intellectual Property – A Central Pillar of the Agreement


The FTA aims to reinforce shared values, foster innovation, and create opportunities across sectors and stakeholders to create a more sustainable and inclusive economy.[1] The Chapter on intellectual property within the Agreement serves as a pillar designed to balance the core principles of both the markets zones, i.e. robust commercial enforcement and critical public interest flexibilities. Therefore, without any reform to its existing intellectual property laws, India is expected enhance its scope for safeguard mechanisms in this sphere.


TRIPS Agreement- TRIPS Plus Provisions


It has been clearly set out that the FTA aims to “compliment and further specify the rights and obligations of each Party under the TRIPS Agreement and other international treaties in the field of intellectual property to which they are parties.”[2] Article 10.3 (2) further goes on to state that either party are free to introduce more extensive protection and enforcement of intellectual property rights under its law. The EU is known for its “TRIPS PLUS” provisions where its standards go beyond the TRIPS Agreement such as imposing strict data exclusivity rules.


Doha Declaration and Safeguards on Public Interest


Notably, it has been clarified that the FTA reaffirms the Doha Declaration on TRIPS and Public Health thus ensuring India’s objectives on prioritizing public health and safety over commercial monopolies are achieved. The Doha Declaration clarifies the TRIPS Agreement and guarantees that developing nations can override pharmaceutical patents[3] and have the “right to protect public health and, in particular, to promote access to medicines for all.”[4]


Transfer of Technology & Traditional Knowledge Digital Library


The FTA recognises the importance of facilitating the voluntary transfer and dissemination of technology. The comprehensive chapter on intellectual property recognises the importance of digital libraries. Specifically, the Traditional Knowledge Digital Library (TKDL) project initiated by India grants India sovereignty in terms of preventing international entities from erroneously patenting traditional Indian medicinal or agricultural knowledge.


Trademarks


Section B, Sub-section 2 of the Chapter outlines a framework for trademarks and establishes a standardized framework for registration, administration, and protection. The Agreement mandates a transparent, adversarial system for trademark registration.


It is also worth noting that for the purpose of giving protection to well-known trademarks, an adequate provision has been set out in the Agreement which states that neither party can require a trademark to be registered in their own territory or in any other jurisdiction as a condition for determining that it is well-known. Additionally, to give full effect to this protection, both parties must endeavour to apply the Joint Recommendation Concerning Provisions on the Protection of Well-Known Marks adopted by WIPO and the Paris Union. By enforcing the application of the WIPO Joint Recommendation Concerning Provisions on the Protection of Well-Known Marks, the treaty ensures that globally recognized brands receive immediate, high-level protection against bad-faith exploitation or dilution in India, even before they formally launch local operations.


Procedure & Enforcement


With a strong emphasis on robust protection of intellectual property rights and enforcement, the FTA shall engulf India’s intellectual property laws with a positive and broader framework. The "New Horizon" introduced by the FTA is heavily anchored in its enforcement provisions (Section C), which demands that civil and administrative remedies be expeditious, effective, proportionate, and dissuasive.


To streamline the commercial landscape for European and Indian enterprises alike, the FTA enforces strict administrative protocols on local trademark offices:


  • Written and reasoned decisions: Any total or partial refusal of a trademark application must be communicated in writing, clearly reasoned, and subject to appeal.

  • Public and electronic access: Both parties are required to maintain a publicly available electronic database of applications and registrations.

  • International alignment: Classification systems must remain completely consistent with the international Nice Classification system, reducing administrative friction for cross-border filings.


Effective enforcement mechanisms shall be placed to regulate customs and the free trade access. Trademark holders shall not only reap benefits in a broader market space but shall also be protected against infringement or counterfeiting. Cross-border customs collaboration shall also grant greater protection against counterfeiters.


Further, enforcement mechanisms, such as the following shall enable both jurisdictions to deter infringement:


  • Bad-Faith Invalidation: The FTA states that a trademark is liable to be declared invalid if the application was made in bad faith, creating a powerful mechanism to combat trademark squatting.

  • Provisional Measures to Preserve Evidence: Right holders can apply for prompt, effective court orders to freeze and preserve relevant evidence of alleged infringement before the main merits of a lawsuit even begin.

  • Deterrent Damages: Judicial authorities are empowered to order infringers to pay damages appropriate to the actual prejudice suffered by the trademark owner, stripping the financial incentive away from counterfeit networks.

  • Revocation for Non-Use: To prevent defensive hoarding of unused terms, trademarks become liable for revocation if they are not put to genuine use within a continuous five-year period.


Conclusion


The EU–India FTA has the potential to further strengthen an intellectual property regime that is already largely aligned with international standards and many of the principles reflected in the Agreement. Indian trademark law has long recognized concepts such as protection against bad-faith filings, recognition of well-known marks, adherence to the Nice Classification system, and robust civil enforcement measures. The FTA therefore represents a reaffirmation and refinement of India's existing framework, while promoting greater transparency, procedural certainty, and cross-border cooperation.


However, the FTA is not a substitute for a proactive IP strategy. Businesses will continue to need timely trademark registrations, vigilant portfolio management, robust evidence of reputation and use, and coordinated enforcement efforts to fully leverage the opportunities the Agreement presents.

 



References








Vrinda Sehgal

Associate | Attorney at Law

Comments

Featured Posts
Recent Posts
Search By Tags
bottom of page