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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

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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