Recent developments concerning arbitrability of IPR disputes in India: a need for reform

Abstract

ABSTRACT Arbitrability in the context of IPR disputes has gained popularity worldwide. In India, there is no statutory provision that mandates the adoption of ADR when it comes to IPR disputes. The lack of any legislative insight thus stands as an impediment to efficient dispute resolution. The judiciary has also not taken a consistent stand in this regard. As a result, the law on this issue is a scattered version of what it could be. To improve the business environment and IPR protection, it is important to reform the law, keeping in mind the developments that are taking place in jurisdictions across the world. This paper studies the jurisprudence that has developed in India. It analyses the principles laid down by the Supreme Court of India in Booz Allen and Hamilton v SBI Home Finance, its inconsistent application by High Courts, and concludes that there exists scope for codification and uniformity.