Negotiations between India and France for a proposed $22 billion purchase of 114 Rafale multirole fighter jets are progressing, but key technical and intellectual property issues continue to impede the final agreement. Defence sources say disagreements over AESA radar intellectual property and access to the aircraft’s mission software source code remain the primary obstacles, potentially delaying the programme as the Indian Air Force seeks to address its shrinking fighter fleet.
The acquisition proposal, forwarded by the IAF to the Ministry of Defence earlier this year, favours a government-to-government procurement route instead of the long-pending MRFA competition. The plan includes manufacturing more than 60% of the aircraft domestically through Dassault Aviation’s production facility in Nagpur, supporting India’s indigenous defence manufacturing objectives.
Despite progress, discussions remain focused on two sensitive areas. Defence insiders indicate that Dassault Aviation has clarified that the intellectual property rights for the RBE2-AA AESA radar are owned by Thales, restricting the scope for independent modifications or future replacement by Indian agencies.
An even more critical issue is access to the Rafale’s source code, which governs core systems such as mission management, sensor fusion, and weapons integration. Without full access, India would require Dassault’s support to integrate indigenous weapons, including the Astra air-to-air missile and Rudram anti-radiation missile, leaving future upgrades and lifecycle support heavily dependent on the French manufacturer.
To address the impasse, the MoD is reportedly evaluating the possibility of obtaining the aircraft’s Interface Control Document (ICD). The ICD serves as a technical guide describing how onboard hardware and software interface with external systems through defined communication protocols, electrical interfaces, and data formats. While it facilitates system integration, it does not provide access to the aircraft’s proprietary software or underlying source code.
