Abstract
International Journal of Advance Research in Multidisciplinary, 2024;2(4):178-182
Policy and regulatory challenges in the Indian SEP Regime: Toward a harmonized framework for innovation and market fairness
Author : Jaishree N and Dr. Manoj Sharma
Abstract
The evolving technological landscape and the increasing convergence of standard-setting and intellectual property rights have made Standard Essential Patents (SEPs) a focal point of legal and regulatory attention across jurisdictions. In India, the SEP regime remains underdeveloped, with persistent ambiguities surrounding licensing obligations, enforcement mechanisms, and antitrust interface. This paper explores the policy and regulatory challenges inherent in India's SEP framework, critically analyzing the lack of harmonized regulations, procedural inefficiencies, and interpretational uncertainties. It delves into domestic and international jurisprudence, stakeholder concerns, and institutional lacunae while advocating for a more coherent legal structure that balances innovation incentives and market competitiveness. The paper concludes by proposing a harmonized framework combining judicial consistency, legislative clarity, and global best practices to enhance India’s SEP ecosystem.
Keywords
Standard Essential Patents (SEPs), FRAND, Competition Law, Innovation, Intellectual Property, Licensing, India, CCI, Harmonized Framework, Market Fairness