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. To ensure an effective and sustainable SEP regime, this brief argues that India’s framework should be developed through evidence-based research and multi-stakeholder engagement. In the authors’ view, such an approach would help strike a balance between fostering innovation and ensuring competitive market access. With SEPs becoming central to technological progress, informed policy shall serve both as a compass and an anchor to guide India’s innovation and economic growth trajectory in an increasingly interconnected world.
