Vanshika Gupta, Campus Law Centre, University of Delhi (Final Year)
ABSTRACT
Intellectual property (IP) rights provide owners with the exclusive right to use an invention created through their mental labor and reap commercial benefits until the rights expire. However, enforcing these rights can be a tedious and long drawn-out process, which is why an alternative mechanism is needed in addition to court litigation. By implementing alternative dispute resolution (ADR) strategies, you can streamline the dispute resolution process, save time and resources, and ultimately boost your bottom line. First and foremost, a fundamental inquiry that courts must address is the arbitrability of a given matter. This article attempts to provide some clarity on judicial opinions regarding this matter. While a definitive is lacking, there is an indication that when the matter does not affect the public at large and the dispute arises from a contractual agreement between the parties, it could be referred to arbitration. The statutes dealing with IP do not directly point to the right to refer the dispute to ADR, but they do not prohibit it and show a glimmer of hope (for example, section 103 of the Patent Act and section 62 of the Copyright Act). The article also explores how ADR is revolutionizing the world of IP internationally and whether India can adopt some of its measures after modifying them according to our localized circumstances.
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