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The IPR implications of the EU-India trade agreement are often overlooked. A few years ago the United States used flawed trade arguments to pressure the Indian government to issue the Nath ordinance that would have introduced software patents. Shefali Sharma is very critical concerning the effects of the EU-India trade agreement on farmer's rights:
The EU’s demands for WTO Plus IPR protection would lead to changes in India’s IPR policy to meet the needs of the EU’s seed and pharmaceutical industries. Such changes would further undermine India’s ability to protect biodiversity and Indian plant genetic varieties to create resilient farming systems. These changes could lead to increased costs of commercial seed because the EU advocates for a system of plant variety protection (UPOV 1991) that favours plant breeders’ over farmers’ rights to seeds. This once again has food security and livelihood implications for India and undermines the Protection of Plant Variety and Farmers’ Rights Act, 2001. EU’s demand for data exclusivity and other provisions would also limit India’s ability to issue compulsory licenses for generic drugs and hence limit access to affordable medicines. Excessive use of IPR protection rules would also result in patent monopolies that exceed 20 years as EU pharmaceutical companies push for patent claims based on minor modifications to patented drugs.
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