IP Disputes: A Discussion On Enforceability
- IJLLR Journal
- 2 days ago
- 1 min read
Aadithya Aravindh, Faculty of Law, National University of Singapore
Vansh Malik, Jindal Global Law School, O.P. Jindal Global University
ABSTRACT
Intellectual Property, by its definition, is of a proprietary nature, ‘belonging’ to an entitled individual or organization who enjoys ownership rights over the said property. Accordingly, the disputes that arise concerning intellectual property, surround such breach of rights which may often include tortious liability in terms of trespass to chattel and mischief. Thus, the effectiveness of a procedure such as arbitration (which is designed to settle disputes concerning two individual entities), when the question of law in case of IP Disputes is that of individual rights being exerted to the exclusivity of all others, becomes a technical question of enforcement.
International Arbitration has gained a proper social status in terms of Alternative Dispute Resolution mechanisms. The aspects of ‘voluntariness’ and ‘party-autonomy’ form the core tenets on the basis of which disputes are adjudicated to be arbitrable in order for the process to be deemed tenable. Accordingly, it becomes increasingly important to understand the functionality of IP disputes and various jurisdictions’ notions on whether such disputes are ultimately enforceable. While this paper shall not focus on whether the overall subject-matter of ‘intellectual property’ is in itself arbitrable, it shall explore the discourse in terms of whether an arbitrated award concerning intellectual property can be enforced effectively.
