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PATENTS: THE ARBITRABILITY OF CONNECTED COMMERCIAL OBLIGATIONS AND CLAIMS

—Sharan Kukreja and Rachita Shah

The full chapter may be found by clicking on the PDF link to the left.

Specific issues of arbitrability concerning patents forming the subject-matter of an underlying commercial contract are yet to be fully explored by the Indian Judiciary. While issues which directly claim invalidity of patents are not arbitrable, contentions arising out of breach of contractual obligations concerning the underlying patent demand a different approach. Such contentions may include damages for contractual breaches on the premise of infringement, reverse engineering or replication of the patent, licensing of patents or their validity. The article analyses the jurisprudence around arbitrability of patents and connected commercial claims in other jurisdictions and provides a holistic comparative overview.

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