Arbitration: A Catalyst For Resolving Intellectual Property Disputes In India's Legal Framework

Elisha Gupta, Campus Law Centre, University of Delhi

Shivangi Dwivedi, Campus Law Centre, University of Delhi

INTRODUCTION

In a country like India where our judiciary is already overburdened by enormous pendency of cases, Arbitration provides an alternative to resolve disputes outside of the courtroom by involving an impartial third party known as an arbitrator who renders decisions. An arbitration hearing may involve the use of an individual arbitrator or a tribunal. Arbitration decisions are seen as final and binding providing non-interference of the courts with the parties having the flexibility to select an arbitrator with relevant expertise. This process typically entails shorter hearings, confidentiality, and requires less intensive preparation compared to traditional legal proceedings.

Intellectual Property Rights are considered negative rights because they impact the rights of third parties where, the parties enter into arrangements relating to the development, transfer of IP rights granted, disputes arising from such commercial arrangements could be arbitrated without any controversy arising from the issue of its arbitrability.

IP sectors are increasingly characterized by international transactions, the laws applicable keep on varying from country to country and involve a high level of specialization in their concerned domain. Furthermore, the patent terms are limited, technology becomes obsolete fast, and lengthy court proceedings and extensive appeal processes are not in the best interest of parties involved in disputes. Therefore, arbitration provides significant advantages.