ARBITRABILITY OF IPR DISPUTES

Abstract

Intellectual Property Rights disputes are increasing at a gradual rate. Similarly, the means to use arbitration as a commercial dispute resolution mechanism is also increasing. Many liberalized and globalized countries in the world have adopted a pro-arbitration approach when it comes to arbitrability of IPR disputes. However, the judgments given by the Indian courts and their stance towards arbitration of IPR disputes have remained scattered. This paper navigates through the various judicial pronouncements set forth by the courts in India and identifies the dynamic nature of the same. It also recognizes lacuna present in the legislations and precedents regarding the scope of IPR arbitrability. Given the Indian judiciary's recent pro-arbitration stance, there is a strong probability that additional lawsuits originating from IPR agreements would be resolved through arbitration.