Navigating SEP Licensing: A Comparison of International Approaches

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.