Conflicting Jurisprudence on the Arbitrability of IP Disputes in India : Navigating the Journey Forward.
The full chapter may be found by clicking on the PDF link to the left.
Broadly, intellectual property is concerned with the grant of considerable protection (measured in terms of monopoly rights) to its owner. In recognition of the tilt towards the owner brought about by these monopoly rights, States have sought to develop intellectual property policies and laws which strive to establish of a balance between the protection afforded to ‘creators’ and the benefit derived by the ‘public’ from exploiting IP. Conventionally, in furthering this balance, IP disputes have been considered to be in the exclusive realm of the judiciary. This paper seeks to explore the possibilities of arbitration as an alternative to adjudicating IP disputes. Part I of this paper outlines the theoretical debate surrounding the arbitrability of IP disputes. Thereafter, Part II briefly engages in analysing the Indian position on the same, with a cursory comparative analysis. Subsequently, Part III engages in charting a way forward on the arbitrability of IP disputes.