Please use this identifier to cite or link to this item: http://nopr.niscpr.res.in/handle/123456789/61911
metadata.dc.identifier.doi: https://doi.org/10.56042/jipr.v28i2.1270
Title: A Shift from State’s Exclusivity to Respecting Party Autonomy: Conceptualising IP Arbitration in India
Authors: S, Thendralarasu
Keywords: Intellectual Property;Rights in Rem;Rights in Personam;IP Disputes;Dispute Resolution, Arbitration
Issue Date: May-2023
Publisher: NIScPR-CSIR,India
Abstract: The consumer-based and technology-driven economy has triggered competitiveness amongst companies. In the everevolving market space, the companies have recognised the significance of generating intangible assets such as trademarks, patents, and trade secrets to remain competitive. Due to globalisation, international business transactions with respect to these intangible assets have led to an increase in intellectual property disputes. Moreover, due to IP's complex nature, the risks involved in IP litigation can be burdensome in cross-border IP disputes coupled with the Court’s cumbersome procedure. Given that the stakeholders prefer out-of-court dispute resolution systems like arbitration to resolve their commercial disputes, arbitrating IP disputes is slowly gaining traction. Even though India’s courts have expressed their leaning towards arbitrating IP disputes, the same has become practically impossible due to various impediments in the existing mechanism. This article surveys the current IP arbitration regime and uncovers the existing impediments and loopholes in IP arbitration. Further, the article explores the possibility of liberalising the IP arbitration regime by taking cues from jurisdictions across the globe.
Page(s): 132-142
ISSN: 0975-1076 (Online); 0971-7544 (Print)
Appears in Collections:JIPR Vol.28(2) [March 2023]

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