India & UK Free Trade Agreement- A Green Flag: What’s in for the Fashion Industry?
Pursuant to the Enhanced Trade Partnership (ETP) executed on May 4, 2021, the Comprehensive Economic & Trade Agreement (CETA) is an alliance set to achieve a mutual trade goal by virtue of “India UK 2035”. The agreement builds on an already strong economic relationship, with potential to double the trade. The final agreement was executed on 24th July 2025 where the preamble of the Agreement is set to achieve the mutual objective of enhanced and better-facilitated trade and economic relations.
Chapter 13 of CETA has thoroughly discussed the cooperation agreed by both the states in relation to the Intellectual Property Rights. This article has selected those parts of the bilateral agreement dealing with the Intellectual Property Rights that have the potential to impact the fashion industry, directly and indirectly.
Implications of CETA on IPR relevant to the Fashion Industry
Article 13.8 - National Treatment -
The agreement determines the concept of ‘national treatment’ as is currently incorporated in various multi-lateral agreements. By virtue of this characteristic, the nations are under the obligation to provide the same treatment as their own national (meaning of ‘national’ has the same meaning as is in the TRIPS Agreement) for the purpose of this agreement.
This shall enable the members of each country to seamlessly protect their IPRs without having to worry about the difference in cost of applications as well as the procedure to be followed.
Article 13.15 - Working Group on Intellectual Property Rights -
The treaty has also established a ‘Working Group on Intellectual Property Rights’ which shall be composed of government representatives of each Party. This ‘Working Group’ may also invite experts to attend meetings and advise the Working Group on any matter falling within its functions.
Functions of this working group include discussions on issues pertaining to the protection and enforcement of IPR including how intellectual property protection contributes to innovation, creativity, economic growth and employment.
Article 13.17 - Cooperation on Collective and Certification Marks -
Under the Working Group on Intellectual Property Rights, the Parties shall exchange general information on the registration and protection of India’s Geographical Indications such as Goods of Handicrafts, Natural Goods and Manufactured Goods) as collective or certification marks under the United Kingdom’s trade mark system.
Within the fashion industry, this clause is expected to have a positive impact especially keeping in mind the significance of indigenous goods already protected as GI as well as those goods eligible to be protected in future.
In addition to that, it is also agreed that the United Kingdom shall promote to producers in India the use of collective or certification marks under the United Kingdom’s trade mark system, as a means of protecting geographical indications for goods other than wines, spirits, agricultural products, and foodstuffs.
Article 13.29 - provides the parties to follow the Classification of Goods and Services for registration of trade marks to be the same as the Nice Classification.
Article 13.43 - Relationship with Trade Marks -
This clause shall enable each Party to, refuse to register or shall invalidate a trade mark in respect of a geographical indication according to its law.
A prior trade mark may continue to be used and renewed for that good notwithstanding the protection of the geographical indication provided that no grounds for the trade mark’s invalidity or revocation exist in the laws and regulations of the Party concerned.
Article 13.57 - Protection of Registered Industrial Designs -
Each Party shall provide for the protection of independently created industrial designs that are new or original. This protection shall be provided by registration and shall confer an exclusive right upon the owner of the registered industrial design.
Additionally, they shall also ensure that an owner of a registered industrial design has at least the right to prevent third parties not having the owner’s consent from making, offering, selling, or importing an article or product bearing or embodying the registered industrial design which is a copy, or substantially a copy, of the registered industrial design, where those acts are undertaken for commercial purposes.
Article 13.5 - Duration of Protection - Each Party shall ensure that the total term of protection available for registered industrial designs is no less than 15 years.
Article 13.59 - Multiple Design Applications -
A Party may allow for two or more industrial designs to be registered through the filing of one application, in accordance with its law. In the realm of fashion, this provision shall ensure a seamless procedure for entrepreneurs of larger scale to opt for simultaneous protection of their multiple designs.
Article 13.79 - Injunctions -
Each Party shall provide that where its judicial authorities have found an infringement of an intellectual property right, those authorities may issue an injunction aimed at prohibiting or stopping the infringement. The injunction shall be available against the infringer; and where appropriate and subject to the Party’s law, a third party.
Article 13.81 - Damages -
Each Party shall provide that its judicial authorities may order an infringer to pay the right holder damages adequate to compensate for the injury the right holder has suffered as a result of the infringement.
In determining the amount of damages for infringements of intellectual property rights, the judicial authorities of a Party may consider any legitimate measure of value that may be submitted by the right holder, which may include lost profits suffered by the injured party or unfair profits made by the infringer, as appropriate.
Article 13.92 - Suspension of IPR Infringing Goods by Ex-Officio Action -
Each Party shall provide competent authorities to suspend the release circulation of, or detain, imported suspected goods under customs control ex officio, without the need for a formal complaint from a third party or right holder.
Each Party shall provide that its customs authorities use risk management to identify suspected goods, which may include random selection. Each Party shall only exempt both public authorities and officials from liability to appropriate remedial measures where actions are taken or intended in good faith. Each Party shall provide that its competent authorities may, where they act on their own initiative, request a right holder to supply relevant information to assist the competent authorities in the exercise of those powers.
By Siddhi P. Joshi
