THE INTERFACE BETWEEN ARBITRATION AND LITIGATION IN IPR DISPUTES: STRATEGIC CONSIDERATIONS

AUTHOR – DR.CHITRA SINGH, ASSISTANT PROFESSOR, IFTM UNIVERSITY, MORADABAD

BEST CITATION – DR.CHITRA SINGH, THE INTERFACE BETWEEN ARBITRATION AND LITIGATION IN IPR DISPUTES: STRATEGIC CONSIDERATIONS, ILE INTELLECTUAL PROPERTY AND CORPORATE LAW REVIEW, 3 (1) OF 2024, PG. 12-18, APIS – 3920 – 0008 | ISSN – 2583–6153.

ABSTRACT

Arbitration, as one of the means of Alternative Dispute Resolutions is fast emerging as a suitable replacement for conventional courts, by foraying its wings into a gamut of new kinds of disputes, especially when the litigants involved are corporate houses. Courts in India have time and again, in various judgments held that disputes involving intellectual property rights, are non-arbitrable, more so, if the main question in issue is regarding the validity of the right. This is primarily because the court believes that since enforcement of IPR involves the aspect of public policy, it would be against the interests of the general public to make them the subject of arbitration proceedings. A couple of countries, like, U.S.A and Switzerland have been permitting arbitration of Intellectual Property Rights (hereinafter referred to as IPR) disputes since the latter of the twentieth century. Apart from these two countries, the scenario in a couple of other countries is also briefly discussed. Even though the law in India has not been yet developed to the extent that it expressly provides for arbitration of IPR disputes, but, it also does not prohibit it. Rather, it is silent on it, thus, providing for the scope of interpretation. This Paper, would therefore like to argue in favour of arbitrability of IPR disputes, the challenges that will be posed before us, and how they can be tackled. The paper concludes by suggesting a model, constructed keeping in mind the peculiarities of our nation, which could be adopted by the legislature for enabling hassle-free and efficient arbitrability of IPR disputes in India.

Key Words- Arbitration, Intellectual Property Rights, Alternative Dispute Resolutions, IPR Disputes