Ankit Chauhan, Practising Advocate at Delhi High Court
Ankita Singh, Sardar Patel Subharti Institute of Law
ABSTRACT
Arbitration has become the most effective technique to resolve business and commercial disputes around the globe. The majority of parties involved in business chose the arbitration procedure to resolve their disputes rather than submitting them to traditional courts. However, there is so much uncertainty regarding determination of intellectual property rights disputes through arbitration. The objective of this article is to examine the uncertainty surrounding the (hereinafter referred as arb.) of IPRs disputes in India. In addition to the point that the matter is still unresolved, Indian courts have rendered verdicts that are uncertain and have completely opposite outcomes. The uncertainty arose due to two different and opposite views. The first view taken by the courts is that the IPRs disputes cannot be determined by way of arbitration because these rights can be enforced against anyone and not against any specific individual. On the other side, the courts have ostensibly allowed the arb. of IPRs disputes. This article aims to evaluate the material on the current subject in addition to reviewing the reasons both in favour and opposition to the arb. of IPR issues, which have been clarified in numerous court rulings. The article emphasises how crucial it is to take a pro-arbitration stance in India for enticing international parties to conduct business with Indian parties. In addition, Indian courts must uphold their obligations under international conventions and adhere to the norms set by the world community. The article ends with recommendations for strengthening India’s stance on the arb. of intellectual property rights issues in India.
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