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ADR and International Trademark Dispute





Sanchit Shrivastava, Damodaram Sanjivayya National Law University

ABSTRACT

It is a general principle of ADR that it is preferred over litigation because of the time period difference. The reason why we prefer ADR is because it avoids fragmentation before parallel regional and national courts. When we try to understand the scope of International Dispute related to IPR & to solve that matter with ADR mechanisms, it can be confusing as not all cases can be subjected to Arbitration.


This is primarily because ADR is based on the consent-based settlement & such activities call for criminal sanctions & the same is not reconcilable with ADR mechanism. However, Arbitration or other mechanism can be recourse for if certain conditions are qualified. These conditions discussed in this paper are related to arbitrability of the IP dispute, scope of the dispute resolution clauses and the issue of governing law. The major debate regarding the IP carve-out clauses have been discussed in the second issue i.e., scope of the clause.

Keywords: Arbitration, IPR, Trademarks, IP Carve-Out Clauses, governing law, etc.


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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