India rejects the UK’s request to include “data exclusivity” provisions in its free trade agreement released on May 6, and aims to protect the country’s generic drug industry, officials said.
During negotiations, the UK proposed to include this provision in its trade agreement. But India did not accept it. “From this agreement there is no risk to the generic industry in India. We indeed ensure that growth in the general drug sector is a key priority,” the official emphasized.
This sector plays an important role in India’s exports and continues to expand.
Data exclusivity protects technical data generated by innovator companies and demonstrates the effectiveness of the product. In pharmaceuticals, companies are conducting expensive global clinical trials to establish the efficacy and safety of new drugs. This exclusive right to data allows innovators to prevent competitors from obtaining low-cost alternative marketing licenses during the exclusivity period.
Previously, India rejected similar requests from the four EFTA blocs during negotiations on a free trade agreement. The European Free Trade Association is made up of Iceland, Liechtenstein, Norway and Switzerland. Their trade agreement, signed in March 2023, is expected to be implemented later this year.
The UK (home to AstraZeneca and GSK) and Switzerland (home to Novartis and Roche) are one of the world’s leading pharmaceutical hubs.