UK–India Free Trade Agreement: Intellectual Property Chapter Agreed

Date 08th May

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The UK and India have reached an agreement on a comprehensive Free Trade Agreement (FTA), which includes a dedicated chapter on intellectual property (IP). While the full text has yet to be published, we expect the IP provisions to broadly reflect existing international commitments, particularly those under the WIPO Internet Treaties (1996) and the TRIPS Agreement (1994).

From a lobbying standpoint, it was always unlikely that the FTA would directly address sector-specific priorities for the music industry, such as:

Equitable remuneration for performers

Broadcast payments to publishers

Opposition to mandatory licensing models for music streaming services

There have also been several recent positive developments in India, where the courts have:

Confirmed the rights of music publishers, and

Removed government-issued guidelines on mandatory licensing for music streaming (under Section 31D).

These rulings represent a significant step forward and reflect growing alignment on key copyright principles.

Importantly, the FTA includes references to existing rights, meaning their exercise may now fall under the bilateral dispute resolution mechanism between the UK and India, a process that is often more efficient and responsive than the WTO’s equivalent. The agreement also provides a framework for ongoing bilateral engagement, with working groups established to discuss more detailed implementation issues, including in the IP space.

As part of this process, the MPA will continue to engage with UK civil servants to ensure our sector’s priorities are well understood and reflected in future discussions. We will keep members updated as the final text becomes available and as further details emerge regarding the implementation phase.

MPA CEO, Paul Clements, stated:

“We welcome the news of the UK’s finalised Free Trade Agreement with India. Over the past two years, we have worked closely with colleagues at the Department for Business and Trade to promote robust provisions on copyright and intellectual property being included.”

“We look forward to reviewing the enhanced copyright protections outlined in the agreement and exploring how we can continue to strengthen them. We are excited about the new opportunities this agreement will open up for the growing UK and Indian music sectors alike.”