INDIA Trends and Developments Contributed by: Anu Paarcha, Aniruddh Bhatia, Mishthi Dubey and N Parvati, Saikrishna & Associates
solutions for dispute resolution. The evolution in the interpretation of software patents, driv- en by landmark judgments from the Delhi and Madras High Courts, highlights the judiciary’s adaptability to technological advancements. The emphasis on “technical effect” and “techni- cal contribution” has paved the way for a more inclusive approach to patentability, which would further encourage innovation and development of technology. Further, the judiciary’s attempts to innovate pro- cedural parameters in trial management, as well as its inclination to award substantial damages, demonstrate the rapid development of dispute resolution in India. Such developments position India as a favourable jurisdiction for patent liti- gation.
Moreover, it is clear that India has emerged as one of the most suitable jurisdictions for FRAND determination in SEP cases, given its unique socio-economic positioning and robust judicial system. The Delhi High Court’s willingness to determine FRAND rates and award damages illustrates India’s capability to handle complex SEP disputes effectively. These trends are likely to benefit all stakeholders, particularly those involved in SEPs, and to make India an attrac- tive jurisdiction for patent disputes.
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