A Game Changer For Trademark Disputes In India: Delhi High Court Allows Arbitration

Yukta Muniraj, BBA LLB (Hons), CMR School of Legal Studies, Bangalore

ABSTRACT

A large rise in the number of patent applications has been submitted as a result of India's recent enhancement of its intellectual property (IP) law. Unfortunately, this expansion has resulted in an increase in IP-related lawsuits, which has put a strain on the legal system. Allowing patent disputes to be settled through arbitration is one potential fix for this issue. While there is no explicit regulation regarding mediation in IP disputes. This article is based on the recent pro-arbitration ruling by the Delhi High Court in trademark disputes might revolutionise the process by offering a speedier and less expensive alternative to litigation. The ruling also outlined a four- part rule for evaluating when a disagreement cannot be resolved by arbitration. Mediation may save huge sums of money that would otherwise be squandered in court fights and be cost-effective.

Keywords: intellectual property, patent applications, arbitration, trademark disputes, Delhi High Court, fourfold test, arbitration, mediation