The India-UK free trade agreement (FTA) does not mandate patent term extensions or data exclusivity, which are two common tools of evergreening of patents, according to a commerce ministry document.

The move would protect the interests of the domestic generic drugs industry.The UK was demanding for inclusion of "data exclusivity" provision in the agreement. 

"The FTA does not mandate patent term extensions or data exclusivity -- two common tools of evergreening. India's patent law provisions on patentability criteria under Section 3(d) (of Indian Patent Act) remain fully protected," the ministry said.

Section 3(d) of the Indian Patents Act, 1970, restricts patents for already-known drugs unless the new claims are superior in terms of efficacy, while Section 3(b) bars patents for products that are against public interest and do not demonstrate enhanced efficacy over existing products.

Certain multinational firms have asked India to amend these laws, which were strongly opposed. UK farm products get duty concessions under FTA India is giving duty concessions to niche British agricultural products like cranberries, durians, certain varieties of mushrooms, leeks, lettuce, and artichokes under its free trade agreement with the UK, according to the commerce ministry.