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. |