Contributing Lawyers


Cyndee Todgham Cherniak

United States

Susan Kohn Ross


Andrew Hudson

Reading the Tea Leaves in the EU-India FTA Negotiations to Anticipate Issues for Canada-EU CETA

News Centre reports that India and the EU free trade agreement negotiators will meet next week after the Canadian delegation leaves Brussels. The India-Eu FTA negotiations started in 2007 and the negotiators are on the Seventh Round of negotiations starting January 25, 2010.

One of India's areas of concern in those negotiations are India the costly certificates for exporting fruit to the EU and conformity procedures for the EC mark. Query whether Canada is going to identify similar concerns?

In addition, patent protection hurdles remain, which are connected to an ongoing dispute over generic drugs with India and Brazil on one side and the EU on the other. Given the fact that Canada has a significant generic drug industry, query whether Canada is going to identify a similar issue and whether the Canadian drug companies are adequately involved in the negotiations.

In addition, India and the EU have run into a wall of differences of opinion concerning the EU's efforts to link trade with sensitive topics as climate change and child labour. India wants to keep all that off the table.

While Canada does not have a child labour issue, Canada is in an interesting position regarding environmental legislation and the stated desire to harmonize climate change policies on a North American basis with the United States. Could the EU discussions pose a problem as the United States does not have a free trade agreement with the EU?

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