IRGS3+ GS2

India-UK CETA: Three Unresolved Issues Beyond Tariff Cuts

The Hindu·2026-07-25· Read original

"India-UK CETA: Three Unresolved Issues Beyond Tariff Cuts"

Prelims Facts

  • •India-UK CETA entered into force on July 15, 2026; covers tariff cuts on 99% of Indian exports to the UK.
  • •Section 3(d) of the Patents Act, 1970 prevents evergreening by requiring proof of enhanced therapeutic efficacy for patent extensions on modified drugs.
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Key Terms

Comprehensive Economic and Trade Agreement (CETA)

a broad bilateral trade pact covering goods, services, and (ideally) investment between two countries.

Evergreening

practice of extending a drug patent's life through minor modifications; curbed in India by Section 3(d) of the Patents Act, 1970.

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Study Note

BackgroundCore Concept

Background

India and the United Kingdom formally concluded the Comprehensive Economic and Trade Agreement (CETA), which came into force on July 15, 2026, after negotiations that stretched over several years. The agreement cuts tariffs on 99% of Indian exports to the UK and eases some mobility rules for professionals — a significant market-access win on paper. However, the deal was deliberately structured to include only areas of consensus, leaving three substantive domains unresolved: investment protection, pharmaceutical market access, and carbon border adjustment.

India's approach to trade agreements has evolved considerably over the past decade. After a period of relative caution — marked by the decision to walk away from the Regional Comprehensive Economic Partnership (RCEP) — India has re-engaged with bilateral FTAs, concluding deals with the UAE, Australia (interim), EFTA, and New Zealand. Each of these agreements has tested India's negotiating red lines on IP, investment, and regulatory autonomy. The India-UK CETA is the most high-profile of these, given the UK's post-Brexit ambition to reorient its trade relationships toward the Indo-Pacific.

The UK's own trade policy context matters here. Following its exit from the EU, the UK sought new bilateral agreements to demonstrate the commercial dividend of Brexit. India, as one of the world's fastest-growing large economies, was a priority partner. Yet the very ambition of the deal — covering goods, services, and investment — made it harder to close, and the final agreement reflects a pragmatic decision to lock in what was achievable rather than delay further.

The Topic Explained

The three unresolved issues each represent a distinct dimension of modern trade architecture that goes beyond simple tariff reduction.

First, investment protection. Unlike India's deals with EFTA and New Zealand — which include explicit investment facilitation commitments — the India-UK CETA contains no dedicated investment chapter. The core dispute is over investor-state dispute settlement (ISDS). India unilaterally terminated nearly all its Bilateral Investment Treaties (BITs) after a review process, replacing the old framework with a new Model BIT that requires foreign investors to exhaust domestic legal remedies for a minimum period before accessing international arbitration. Most developed-country investors regard this as an unacceptable delay and uncertainty, preferring direct access to international arbitration in a neutral third-country forum. Without a BIT, investors lack treaty-based protections against expropriation, discriminatory treatment, or denial of justice — protections that institutional investors and multinational corporations typically require before committing large capital.

Second, pharmaceutical market access and intellectual property. …

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Related PYQs

2017GS1 Prelims

'Broad-based Trade and Investment Agreement (BTIA)' is sometimes seen in the news in the context of negotiations held between India and

AEuropean Union
BGulf Cooperation Council
COrganization for Economic Cooperation and Development
DShanghai Cooperation Organization
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Practice MCQs

Economymedium

With reference to the India-UK Comprehensive Economic and Trade Agreement (CETA), which of the following statements is/are correct?

1.The agreement covers tariff reductions on 99% of Indian exports to the UK.

2.The agreement includes a dedicated investment chapter with investor-state dispute settlement provisions.

3.The UK's Carbon Border Adjustment Mechanism was explicitly kept outside the CETA negotiations.

Select the correct answer using the code below:

A1 and 2 only
B1 and 3 only
C2 and 3 only
D1, 2 and 3
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Economymedium

Section 3(d) of the Patents Act, 1970 is significant in the context of India's trade negotiations because it:

AAllows compulsory licensing of patented drugs during public health emergencies
BPrevents pharmaceutical companies from obtaining new patents for minor modifications of known drugs unless enhanced therapeutic efficacy is demonstrated
CMandates that all drug patents be registered with the World Intellectual Property Organization before enforcement in India
DProvides a fast-track patent approval process for drugs manufactured domestically in India
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Economyhard

Consider the following statements regarding India's Bilateral Investment Treaty (BIT) policy:

1.India unilaterally terminated nearly all its BITs and replaced them with a revised Model BIT.

2.India's revised Model BIT requires foreign investors to exhaust domestic legal remedies for a specified period before accessing international arbitration.

3.India's deals with EFTA and New Zealand include investment facilitation commitments, unlike the India-UK CETA.

Which of the statements given above are correct?

A1 and 2 only
B2 and 3 only
C1 and 3 only
D1, 2 and 3
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Economymedium

Assertion (A): Indian steel and aluminium exporters may not fully benefit from tariff reductions under the India-UK CETA.

Reason (R): The UK's Carbon Border Adjustment Mechanism, effective from 2027, will impose a carbon-intensity levy on imports of steel and aluminium that could offset tariff gains.

Which of the following is correct?

ABoth A and R are true, and R is the correct explanation of A
BBoth A and R are true, but R is not the correct explanation of A
CA is true but R is false
DA is false but R is true
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Economyeasy

Which of the following best describes the practice of 'evergreening' in the pharmaceutical industry?

AManufacturing generic versions of drugs immediately after the original patent expires
BExtending the effective patent monopoly on a drug by obtaining new patents for minor modifications without significant therapeutic improvement
CRegistering a drug patent in multiple countries simultaneously to maximise global market exclusivity
DSubstituting a patented active ingredient with a chemically similar but unpatented compound to avoid royalty payments
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