THE SCOPE OF MEDIATION AND ARBITRATION IN RESOLVING COPYRIGHT AND PATENT DISPUTES

AUTHOR – DIBYAM, STUDENT AT AMITY LAW SCHOOL/AMITY UNIVERSITY PATNA, BIHAR

BEST CITATION – DIBYAM, POWER, INEQUALITY, AND THE LAW: A SOCIOLOGICAL PERSPECTIVE ON LEGAL SYSTEMS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 575-582, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This essay explores the function, boundaries, and usefulness of mediation and arbitration—collectively, “alternative dispute resolution,” or ADR—in settling copyright and patent rights issues. It identifies the primary doctrinal and practical barriers (arbitrability, interim remedies, validity challenges, public policy), maps the domestic and international legal framework, reviews common-law and Indian jurisprudence, and makes recommendations for parties, practitioners, and policymakers to optimise the advantages of alternative dispute resolution (ADR) in intellectual property disputes. Leading Indian rulings, institutional practice (WIPO Arbitration and Mediation Centre), primary tools (UNCITRAL Model Law; national arbitration statutes), and comparative commentary serve as the foundation for the examination. Parties are looking into alternatives to traditional litigation as copyright and patent rights conflicts have become more intense due to the growing globalisation of creative and technological markets. Due to their flexibility, anonymity, affordability, and capacity to include knowledgeable decision-makers, mediation and arbitration—collectively referred to as alternative dispute resolution (ADR)—have become appealing methods for settling such disputes. This essay explores the use of mediation and arbitration in copyright and patent disputes today, with an emphasis on its conceptual constraints, practicality, and legal viability.

Keywords

Intellectual property; arbitration; mediation; arbitrability; copyrights; patents; WIPO; UNCITRAL; India; interim relief; enforceability.