The new trade deal between India and the United Kingdom has raised alarm among health experts and civil society organisations. Many fear it could limit access to affordable medicines for millions of low-income Indians.
Intellectual property rules and access to medicines
Experts argue the UK-India Free Trade Agreement (FTA) favours large pharmaceutical companies. They warn it could weaken India’s ability to produce low-cost generic medicines.
“This is not just about trade,” said Jyotsna Singh, co-convenor of the Working Group on Access to Medicines and Treatments. “It is about whether someone earning ₹200 (£2) a day can afford cancer treatment or survive tuberculosis.”
A major concern is the deal’s rules on intellectual property. These could make it harder for the Indian government to issue compulsory licences. These licences allow domestic firms to produce patented drugs at lower costs during public health emergencies.
India used this option in 2012 to reduce the price of sorafenib, a cancer drug made by Bayer. Generic versions brought the cost down by almost 97%, from ₹2.8 lakh (£2,600) to around ₹8,800 (£80) per month.
Professor Biswajit Dhar, a trade expert and former professor at Jawaharlal Nehru University, said the deal shifts power to the market. “It discourages compulsory licences and encourages voluntary ones, which often come with conditions. They also don’t lower prices as effectively.”
Transparency and ‘Evergreening’ concerns
The deal also reduces how often companies must report how they use patents in India. They will now only need to do so every three years. Some details can also be kept confidential.
Campaigners say this will reduce transparency. It could also make it harder to show when a drug is not widely available a key step before issuing a compulsory licence.
Another issue is the risk of ‘evergreening’. This is when companies make small changes to old drugs and apply for new patents. Indian law currently limits this tactic under Section 3(d) of the Patents Act.
But experts worry the FTA could weaken this law. They say the push to align with Western IP rules might override local protections.
“This deal opens the door to TRIPS-plus rules,” said K.M. Gopakumar, co-convenor of the Working Group. “It may lead to unnecessary patents, extend monopolies, and delay cheaper options.”
Impact on India’s pharmaceutical industry and global health
India makes more than 60% of the world’s vaccines and a large share of generic medicines. Many low- and middle-income countries depend on these supplies.
Critics warn the FTA could reduce India’s ability to meet this demand. This may have effects far beyond its borders.
The Indian government has promoted the agreement as a major win. It says the deal will boost exports and attract UK investment in sectors such as manufacturing, services, and digital trade. Officials also claim the agreement protects India’s public health needs.
Still, many campaigners remain concerned. Gargeya Telakapalli, a public health advocate in Hyderabad, said, “You can’t trade away access to life-saving drugs. Patients with cancer, HIV, diabetes, or TB are the ones who will suffer most.”
India recently signed a similar deal with the European Free Trade Association. That agreement also faced criticism for weakening intellectual property safeguards.
Some observers believe this signals a shift in India’s trade policy. The country may be seeking stronger ties with Western economies. But many in the health and legal fields are asking the same question: how much access to affordable medicine is India willing to give up in exchange for better trade terms?
