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Arbitrability of Intellectual Property Dispute: Where Does India Stand?

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Title Arbitrability of Intellectual Property Dispute: Where Does India Stand?
 
Creator Khare, Pranjal
Setia, Sunidhi
Narang, Samanvi
 
Subject Arbitrability
Rights in rem
Rights in personem
Public Policy
Public Interest
Erga-omes
Intellectual Property Rights
 
Description 492-499
With technological boom and exponential growth in commercial business, the focus of economic forum has shifted its
focus to Intellectual Property laws. This extensive growth of IP rights is leading to consequential growth of IP disputes
across the globe. Due to the transfer and assignment of IP rights in multiple jurisdictions, it has an international and
commercial dimension that makes International Commercial Arbitration an amicable and steady dispute resolution process.
However, the question of arbitrability of IP disputes is still uncertain in most jurisdictions and if at all it is arbitrable, another
question arises that what kind of IP disputes are arbitrable? The judiciary while, on one hand, is promoting the Arbitration as
an alternative dispute resolution but on the other hand is not ready to divulge their powers or stir their authority. The absence
of statutory regulation and uncertainty in legal decisions has led the Indian position on arbitrability of IP disputes in limbos.
With the issue of IP arbitrability pending before Supreme Court in case of Eros International, the article by understanding
the concept of arbitrability will look into various approaches across the globe to deal with the issue so as to achieve certainty
and clarity in Indian laws. The article is woven with the thread of public policy and its relevance in settling the issue of
arbitrability of IP disputes in India.
 
Date 2024-10-30T10:20:23Z
2024-10-30T10:20:23Z
2024-11
 
Type Article
 
Identifier 0975-1076 (Online); 0971-7544 (Print)
http://nopr.niscpr.res.in/handle/123456789/64796
https://doi.org/10.56042/jipr.v29i6.7946
 
Language en
 
Publisher NIScPR-CSIR,India
 
Source JIPR Vol.29(6) [November 2024]