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A Shift from State’s Exclusivity to Respecting Party Autonomy: Conceptualising IP Arbitration in India

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Title A Shift from State’s Exclusivity to Respecting Party Autonomy: Conceptualising IP Arbitration in India
 
Creator S, Thendralarasu
 
Subject Intellectual Property
Rights in Rem
Rights in Personam
IP Disputes
Dispute Resolution, Arbitration
 
Description 132-142
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.
 
Date 2023-05-15T06:20:01Z
2023-05-15T06:20:01Z
2023-05
 
Type Article
 
Identifier 0975-1076 (Online); 0971-7544 (Print)
http://nopr.niscpr.res.in/handle/123456789/61911
https://doi.org/10.56042/jipr.v28i2.1270
 
Language en
 
Publisher NIScPR-CSIR,India
 
Source JIPR Vol.28(2) [March 2023]