India must adopt a hybrid framework for resolving Standard Essential Patent (SEP) disputes—blending judicial oversight with arbitration to speed up settlements and reduce costly litigation, Justice Amit Bansal of the Delhi High Court said on Saturday.
Speaking at a conference on SEPs organised by FICCI and ICRIER, Justice Bansal underlined that India cannot afford long, drawnout battles if it wants to be a global leader in nextgeneration technologies such as 6G, AI, semiconductors and IoT. “The future of SEP litigation lies in a hybrid model,” he said, adding that courts and arbitral panels should focus first on determining FRAND (fair, reasonable and nondiscriminatory) royalty rates, leaving issues of validity and infringement to later stages.
“Knowing the likely royalty encourages principled compromise a
nd clears the fog that too often stalls talks,” the judge remarked, pointing to delays that currently stretch negotiations for years. His proposed model envisages strict timelines, consolidation of proceedings, and decisions enforceable under the New York Convention.
India has set itself an ambitious target—10,000 patents in 6G technologies by 2030—as part of its Viksit Bharat 2047 vision. But the country’s innovation drive faces hurdles: R\&D spending has stagnated at 0.64% of GDP for over a decade, and private sector investment remains under 0.3%.
Experts at the conference stressed that without systemic reforms, India risks being a consumer rather than a creator of global standards. Payal Malik, Visiting Professor at ICRIER, warned that “India risks remaining a net implementer rather than a technology creator” unless patent creation is actively encouraged.
Industry leaders echoed the need for structural support. A.K. Mittal of TSDSI highlighted the tough realities of global standardsetting, where collaboration and alliances matter as much as technical proposals. FICCI’s Ameet Dutta and veteran IP lawyer Pravin Anand emphasised legislative agility, awareness among startups, and stronger institutional capacity as essential pillars of India’s innovation roadmap.
The government has committed 10,000 crore for 6G R\&D and proposed a 1 lakh crore research fund under the Anusandhan National Research Foundation. Justice Bansal’s hybrid litigation model, if adopted, could become a cornerstone of this ecosystem bringing speed, clarity and balance to India’s quest for global IP leadership.
