By Sriparna Pathak
India recently concluded a free trade agreement (FTA) with the United Kingdom (UK), and this marks a historic milestone in the bilateral relationship between the two vibrant democracies. While it is poised to unlock immense economic potential, misinformation around it has already begun. In the Internet Age that the 21st century lives in, the malicious impacts of misinformation or disinformation are myriad and cannot be ignored. Misinformation on FTAs in particular, like exaggerated claims of economic harm or job losses erode public trust and political support, jeopardizing successful implementation and the benefits of such partnerships and agreements.
While the landmark deal between India and the UK, built on mutual trust and shared ambitions, promises to boost trade, foster innovation and create more and newer opportunities for businesses and communities in both the countries, misinformation on the intellectual property (IP) chapter of the India-UK FTA has already started doing the rounds.
The narrative pushed out on some prominent news portals as well as on social media is that the IP chapter of the FTA undermines India’s policy space to ensure access to medicines. However, the narratives are misplaced and not reflective of the actual provisions of the agreement.
Contrary to the narrative that there will be a reduced access to medicines, the IP chapter of the FTA represents a balanced and forward looking approach that is fully aligned with India’s legal framework, TRIPS flexibilities and public health priorities. While the FTA aims at strengthening cooperation, it preserves India’s sovereign rights in matters of patent policy and access to essential medicines. Quick searches reveal that the narrative is not something new.
In 2022, emanating from “news” around the leakage of the draft proposal from the UK of the UK-India FTA’s chapter of the IP chapter, the narrative was the exact same as it is in 2025, after signing of the FTA- that the UK has tabled harmful provisions that threaten to tighten the screws on producing, supplying and exporting affordable generic medicines from India. The exact same lines have actually been copy pasted in some news reports, from some of what are considered the most credible news organisations in India.
On April 7 this year, individuals from the Trade Justice Movement, Global Justice Now and Health Poverty Action, among others had written to Jonathan Reynolds, of the Department for Business and Trade in the UK with similar concerns, that in April 2022, a document that appeared to be a draft IP chapter of the UK-India FTA was leaked and that the chapter contained text, to which, if agreed and enacted could require India to change its national IP laws, with devastating consequences for India’s ability to produce life saving drugs. While this particular letter, might have been out of genuine concern, the fact remains that media houses in India and social media handles seemingly operating out of India have readily picked up the narrative, without cross checking the facts of the FTA from the Indian side and peddled narratives.
While it is understandable that the Information Age has also led to clickbait journalism, wherein profits from clicks, likes, shares and subscribes are greater than ethics, yellow journalism is what it has come down to, and actual reporting, with conscience and ethics clearly do not matter anymore.
In the India-UK FTA, the reference to voluntary licensing simply acknowledges global best practices that encourage collaborative solutions. It does not limit or dilute India’s well-established right to issue compulsory licences (CLs) under Section 84 of the Indian Patents Act, 1970, consistent with the TRIPS Agreement and reaffirmed in the Doha Declaration on TRIPS and Public Health. Only one CL has been issued so far—for the cancer drug Nexavar (2012)—and that too under exceptional public health circumstances. The FTA does not create any new precondition for issuing CLs. The sovereign authority to issue such licenses remains entirely with the Government of India, as per existing law.
What is additionally odd, that in the Chinese language cyber space, similar narratives are being peddled. While it is difficult to ascertain where the narrative to dilute the achievements of the FTA have actually emanated from, fact remains that responsible journalism needs more work than copy pasting narratives from foreign sources, without conducting fact checks, or without reading the actual provisions of the FTA.
For India and the UK, while the signing of the FTA has been a historic moment, fact remains that for both, there will be mobilisation in their democratic civil societies to thwart the positives of the FTA. Misinformation and disinformation will emerge in bigger ways. The best way to counter it is to pre-empt and ensure easily understandable information is made available on the FTA.
(Sriparna Pathak is a Professor of China Studies at O.P. Jindal Global University)
Views are personal and do not represent the stand of this publication.
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