Arbitrability of Intellectual Property Disputes in India: A Critique

Abstract

Arbitration is increasingly becoming the default commercial dispute resolution mechanism across the world. Recognizing this, many States are reserving lesser classes of disputes for resolution in courts and are enlarging the scope of arbitrable disputes. One such class of disputes is those concerning intellectual property (IP) rights. In India, the shift has not been taking place in a linear fashion. This paper surveys the law on the topic, explores the non-linear movement towards a liberalized arbitrability regime of IPR disputes, and critically evaluates the law on the subject.

Keywords: Arbitration, Intellectual Property Disputes, Mediation, IPR

JEL Classification: K10, K 40