NAVIGATING THE LABYRINTH: THE ARBITRABILITY OF INTELLECTUAL PROPERTY DISPUTES

AUTHOR – PARI CHAUHAN, STUDENT AT SYMBIOSIS LAW SCHOOL NOIDA

BEST CITATION – PARI CHAUHAN, NAVIGATING THE LABYRINTH: THE ARBITRABILITY OF INTELLECTUAL PROPERTY DISPUTES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 626-632, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Intellectual Property (“IP”) rights can only be as strong as the means for enforcing them are strong.^[1] Arbitration, a private, confidential process, is increasingly seen as the optimal method to resolve intellectual property disputes, especially when parties are from different jurisdictions. Arbitration, with its advantages of time-efficiency, cost-effectiveness, etc., has led several countries like Australia, Germany, etc., to adopt a pro-arbitration approach towards IP disputes.

The paper explores the progress and current status of IP dispute resolution through arbitration, drawing on legal frameworks and precedents. It examines the Supreme Court’s definition of intellectual property and significant IP legislation in India. Global perspectives are analysed to highlight diverse approaches to IP arbitration. The paper discusses emerging technologies like blockchain and their potential to transform IP dispute resolution. Initiatives promoting Arbitration in IP rights like WIPO establishing “WIPO Arbitration and Mediation Centre,” i.e., a global, non-profit dispute resolution service provider offering time and cost-effective options have assisted arbitration in IP disputes and enabled parties to successfully resolve their domestic and international IP and technology disputes.  The paper also advocates for WIPO’s role and its ability to propose mandatory arbitration rules to address complexities and promote international cooperation in resolving IP disputes efficiently.

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[1]Why Arbitration in Intellectual Property, WORLD INTELLECTUAL PROPERTY ORGANIZATION,  Why Arbitration in Intellectual Property? (wipo.int)