Navigating SEP Licensing: A Comparison of International Approaches

Saloni Dhadwal () and Aman Sinha
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Saloni Dhadwal: Indian Council for Research on International Economic Relations (ICRIER)

Indian Council for Research on International Economic Relations (ICRIER) Policy Paper from Indian Council for Research on International Economic Relations (ICRIER), New Delhi, India

Abstract: The ecosystem of Standard Essential Patents (SEPs) represents a delicate balance of legal precedent, economic imperatives, and geoeconomic interests. This policy brief explores the evolving global landscape of SEPs by analysing judicial trends and policy developments across several jurisdictions. While the EU, UK, and US have predominantly adopted a case-by-case adjudicative approach, China’s regulatory stance, particularly its use of anti-suit injunctions, has sparked concerns, leading to calls for consultations at global forums such as the WTO. Meanwhile, countries like Japan, South Korea, Singapore, and New Zealand have worked toward balanced regulatory frameworks, whereas Brazil and Colombia are still navigating emerging SEP disputes within their developing judicial systems. In this dynamic environment, India, with its expanding digital economy and aspirations to become a global manufacturing hub, faces the challenge of formulating an SEP framework suited to its industrial and legal landscape.

Keywords: Intellectual Property Rights; Technology Standards; Cellular Standards; Standard Essential Patents; FRAND Licensing; IPR Jurisprudence; Innovation Ecosystem (search for similar items in EconPapers)
Pages: 41 page
Date: 2025-05
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Persistent link: https://EconPapers.repec.org/RePEc:bdc:ppaper:38

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