Arbitration As A Mode Of Resolving Intellectual Property Right Disputes With Special Reference To India And U.S
Harshita Sharma, Symbiosis Law School, Pune
ABSTRACT
Intellectual property rights (IPRs) are essential for protecting original works of art, encouraging innovation, and stimulating economic prosperity. IPR-related conflicts do, however, frequently come up and call for quick and effective dispute resolution processes. This article examines the use of arbitration as a method of settling disputes involving intellectual property rights, with a focus on India and the United States in particular. The Arbitration and Conciliation Act, 1996 in India serves as the formal legal framework for arbitration procedures. The Federal Arbitration Act (FAA) in the United States regulates arbitration processes, and the USPTO provides voluntary arbitration programmes for some IPR issues. The article examines significant U.S. decisions that have accepted arbitration in the context of IPR disputes and weighs the importance of arbitration rules that are industry-specific. The arbitration practises in India and the United States are also contrasted and compared in this article, with an emphasis on issues like the arbitrability of IPR disputes, the function of expert arbitrators, the enforcement of arbitral judgements, and the potential for court intervention.
Keywords: Intellectual Property Right Disputes, Arbitration, India, United States, IP Infringement.
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