‘Source Code Is Everything For OEMs’: Mandatory Disclosure Fears Could Dent India’s Smartphone Ambitions

India’s reported move towards mandating source code sharing by smartphone manufacturers has triggered concern across the legal and technology ecosystem. Analysts warn that any rigid requirement could undermine intellectual property protection and weigh on foreign investment sentiment. Currently, the government maintains that no such mandate has been finalised and that discussions remain consultative in nature. Tony Verghese, Partner at JSA Advocates & Solicitors, described the proposal as a significant regulatory development that raises multiple red flags. “While such measures may be intended to strengthen security oversight, it raises important legal concerns relating to protection of proprietary technology, intellectual property rights and confidentiality obligations,” Verghese said. He also pointed out that even a consultative move towards accessing manufacturers’ software source code would require careful legal framework analysis. According to him, the challenge lies in balancing national security objectives with investor confidence and contractual obligations tied to global technology platforms. Read more