Mr. Rupin Chopra, Associate Partner, S.S. Rana & Co., participated as a panelist at the FISME India-EU MSME Conference, contributing to “FTA Architecture: Clauses, Coverage & General Framework for MSMEs.”
Moderated by Prof. Sangeeta Khorana, Professor of International Trade Policy, Aston Business School, UK, the session explored the India-EU FTA framework, non-tariff barriers, rules of origin, procedures and market access for MSMEs.
Mr. Chopra shared insights on legal safeguards Indian businesses should consider while entering and expanding into the EU market, including:
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Dispute Resolution & Seat of Arbitration
The seat determines the courts supervising the arbitration and influences enforceability. This should be negotiated deliberately, particularly for cross-border contracts.
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Capping of Liability
EU-drafted templates may include uncapped indemnities. Businesses should negotiate appropriate caps, link them to contract value where suitable, and address consequential damages.
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CBAM Compliance Costs
Contracts should clearly specify who bears the costs associated with CBAM certificates and related compliance obligations.
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Trademark & Patent Protection
Market access should be accompanied by appropriate IP protection. Securing trademarks and patents in the EU can help safeguard brands and innovations.
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Exclusivity vs. Non-Exclusivity
Businesses should carefully assess the implications of granting exclusive rights to EU distributors or licensees, including the impact on future market opportunities.
The discussion reinforced that market access is only one part of successful international expansion. Strong contracts, effective IP strategies and clear allocation of commercial and regulatory risks are equally important for MSMEs entering global value chains.
The panel brought together:
- Mr. Carmine Soprano, LSE Executive MPA – Senior Economist – Trade & Gender/Youth Specialist, The World Bank Group
- Prof. Wolfgang Sofka – Professor for Strategic and International Management, Copenhagen Business School
S.S. Rana & Co. thanks the Federation of Indian Micro and Small & Medium Enterprises for convening this timely discussion and providing a platform for meaningful dialogue on strengthening India-EU business engagement.
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