THE ROLE OF INTERNATIONAL ARBITRATION IS RESOLVING INTELLECTUAL PROPERTY DISPUTES INVOLVING CRIMINAL ACTIVITIES

AUTHOR – CHIRAG SHARMA* & DR. PARISHKAR SHRESHTH**

* LL.M (CRIMINAL LAW) SCHOLAR AT AMITY LAW SCHOOL AMITY UNIVERSITY, UTTAR PRADESH LUCKNOW CAMPUS

** ASSISTANT PROFESSOR AT AMITY LAW SCHOOL AMITY UNIVERSITY, UTTAR PRADESH LUCKNOW CAMPUS

BEST CITATION -CHIRAG SHARMA & DR. PARISHKAR SHRESHTH, THE ROLE OF INTERNATIONAL ARBITRATION IS RESOLVING INTELLECTUAL PROPERTY DISPUTES INVOLVING CRIMINAL ACTIVITIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 746-753, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

This research paper explores the intersection of international arbitration and intellectual property (IP) disputes arising out of or connected with criminal activities such as counterfeiting, piracy, and trade secret theft. With global commerce expanding rapidly, cross-border IP conflicts are increasingly common. However, traditional judicial mechanisms often fail to address these issues efficiently due to jurisdictional limitations and lengthy procedures. This paper evaluates how international arbitration can serve as an effective alternative mechanism for dispute resolution, and highlights the procedural challenges and legal controversies surrounding the arbitration of criminally tainted IP disputes.

Keywords:
International Arbitration, Intellectual Property, IP Disputes, Counterfeiting, Piracy, Trade Secret Theft, Criminal Activities, Dispute Resolution, Cross-border IP Conflicts, Arbitrability, WIPO, Enforcement of Arbitral Awards, Public Policy Exception, Jurisdictional Challenges.