Siva Sangari A, BBA LLB, Vellore Institute of Technology, Chennai
Jeeva Dharshini R, BBA LLB, Vellore Institute of Technology, Chennai
Shinsa P Mathew, Assistant Professor, Vellore Institute of Technology, Chennai
ABSTRACT
In the national as well as international level, the two set of laws i.e. arbitration and insolvency laws & arbitration and intellectual property rights have always been seen as a conflict. With respect to insolvency, in general, whoever had placed their trust in the alternative dispute resolution mechanism particularly arbitration laws, have to get justice whenever they had been confronted with an agreement breach is the objective of arbitration laws. On the other hand ,the insolvency laws through a concept called “moratorium” basically provides a calm period to the corporate debtor which will stay all the proceedings as the entity is already undergoing a mentally and financially exhaustive liquidation and insolvency proceedings. With respect to Intellectual property framework, Dispute resolution occupies an important place. In this context, arbitration, as a private, informal and confidential procedure, is increasingly being used to resolve intellectual property rights disputes, especially when they involve parties from different jurisdictions. Intellectual property disputes have a number of special features that can be better resolved through arbitration than litigation procedures. In recent years, arbitration, an out of court settlement has become an increasingly popular mechanism for resolving intellectual property disputes. Traditionally, arbitration with regard to Intellectual property disputes was limited to certain disputes like dispute arising out of IPR licensing or transmission of Intellectual Property Rights. But in some jurisdictions the question of the validity of these rights has also recently been admitted as a proper subject- matter of arbitration. And some legal systems have introduced mandatory arbitration aimed at faster and expedite resolution of intellectual property disputes. This paper aims to provide an overview of these developments, and the interplay between arbitration with insolvency and IP disputes.
Keywords: Conflict, moratorium, stay, jurisdiction, subject matter
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