Alternative Dispute Redressal Mechanism As A Means Of Resolving Intellectual Property Rights Disputes: The Indian Perspective

Purwa Bala, LLM, IILM University, Greater Noida, U.P, India

ABSTRACT

This paper’s primary attention is on the problems of solving disagreements arising from Intellectual Property Rights (IPRs) with the help of Alternative Dispute Mechanisms (ADMs); they include arbitration, conciliation negotiation, and mediation. Because of increasing complexities related to intellectual property rights; court proceedings become slow and ineffective. This therefore narrows down to examining how ADMs can be effective in resolving IPR issues faster rather than using time-consuming litigation processes.

The study begins by outlining escalating problems implicated by increased incidences of IPR disputes, emphasizing on the need for quick and efficient resolution methods. The text shows that through a critical examination of the proliferation in the number of conflicts over IPRs, there is a call for new approaches to conflict resolution beyond litigious avenues.

Next, it examines whether arbitration and mediation are practical alternatives to resolving IPR issues. Papers reviews pertinent case studies as well as real figures so that we may determine which factors make ADMs better than others in terms of speed, simplicity and cost-effectiveness.

This study is concerned with the technicality of each ADM to give a better understanding of the conditions they can be used in and jurisdictional limitations.

The paper also contemplates about enforcing arbitration awards and mediated settlements within intellectual property disputes. By comparing different legal frameworks and cases, this paper investigates possible obstacles and ways to improve enforcement of ADM outcomes.

These findings show that ADR mechanisms are vital tools in resolving IPR concerns by providing quicker alternatives to litigation. It also enhances our understanding of intellectual property alternative dispute resolution processes by revealing aspects of how arbitration and mediation operate as well as their consequences.