IP Hotline: Arbitrability of intellectual property disputes: a perspective from India

Posted by By at 29 June, at 08 : 57 AM Print

June 29, 2021

ARBITRABILITY OF INTELLECTUAL PROPERTY DISPUTES: A PERSPECTIVE FROM INDIA


This article was originally published on 3rd July 2019 in the Oxford Journal of Intellectual Property Law & Practice.


SUMMARY

With growing cross-border investments and intellectual property transactions, there is a global surge in IP disputes. Consequently, arbitration of IP disputes is gaining traction world-wide. In India, stakeholders in IP transactions are fast turning to arbitration than to traditional courts. However, the conclusion whether certain IP disputes should be adjudicated through arbitration or through courts is not always easy to arrive at. It is critical to understand legal and judicial trends in India that can guide parties to tailor arbitration agreements, and assist courts and arbitrators in effective decision-making. This article examines the aforesaid trends, and discusses aspects that should be evaluated during negotiation of contracts involving intellectual property.

For complete article, please click here.

 

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