Alternative Dispute Resolution Mechanisms For Resolving Intellectual Property Rights Matters
- IJLLR Journal
- Jan 21
- 1 min read
Kundana Sri Koppuravuri, Symbiosis Law School, Nagpur
ABSTRACT
The paper looks at the changing environment of arbitration, with a special emphasis on intellectual property (IP) conflicts and their arbitrability. It begins by delving into the theoretical basis of arbitrability, namely how jurisdiction, venue, and enforceability affect whether a dispute may be handled by arbitration. Public policy concerns play an important role in determining arbitrability, and the study demonstrates how these policies change among legal systems, influencing how arbitrability is treated in different countries. The study then digs into the complexity of intellectual property rights (IPRs), classifying conflicts as in rem or in personam, and considers the significance of these distinctions for arbitration. It also discusses the relationship between international agreements, such as the TRIPS and WIPO frameworks, and arbitration, highlighting the issues caused by varying national interpretations of intellectual property laws. Furthermore, the paper examines the importance of Alternative Dispute Resolution (ADR) procedures in addressing intellectual property disputes, such as copyright, patent, and trademark conflicts, and emphasizes the benefits of employing arbitration to handle these issues promptly and privately. The article recognizes the practical challenges of applying ADR to IP disputes, such as territorial limits and public policy considerations, particularly in states like India. However, it underlines the growing use of arbitration and ADR in resolving complex, cross-border IP issues, which provide a more efficient and specialized approach than traditional litigation. Finally, the study emphasizes the rising relevance of universal arbitrability and the expanding scope of arbitration in the context of intellectual property rights.
