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Navigating SEP Licensing: Insights from Indian Jurisprudence

Author

Listed:
  • Payal Malik

    (Indian Council for Research on International Economic Relations (ICRIER))

  • Aman Sinha
  • Harishankar Jagadeesh

Abstract

This policy brief examines the evolution of Indian jurisprudence with regard to the licensing and enforcement of Standard Essential Patents (SEPs). This analysis gains relevance in the context of India's technological ambitions, particularly in mobile phone manufacturing and Internet of Things (IoT). SEPs protect technologies that are part of technical standards which facilitate seamless connectivity across devices and platforms. SEPs are critical to India's smartphone and IoT markets. This brief identifies key legal and economic challenges around SEP licensing, including the balance of power between patent holders and implementers. A review of Indian jurisprudence reveals that courts consistently uphold the rights of SEP holders, while emphasizing the importance of good-faith negotiations and constructive engagement by implementers in licensing discussions. Our preliminary findings suggest that, while the Indian judiciary is becoming increasingly adept at navigating SEP disputes, some guidelines or a special mechanism for startups to enforce their IPR may be required to encourage smaller innovators to participate in the intellectual property ecosystem. This brief aims to inform policymakers, technocrats, and legal professionals about the critical intersections of law, economics, and technology involved in shaping India's SEP licensing and enforcement framework.

Suggested Citation

  • Payal Malik & Aman Sinha & Harishankar Jagadeesh, 2024. "Navigating SEP Licensing: Insights from Indian Jurisprudence," Indian Council for Research on International Economic Relations (ICRIER) Policy Paper 30, Indian Council for Research on International Economic Relations (ICRIER), New Delhi, India.
    • Handle: RePEc:bdc:ppaper:30
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    File URL: https://icrier.org/pdf/Cellular-Standard-Essential-Patents_Policy-Brief-1.pdf
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