Shweta Sharma, Christ University, Bengaluru
ABSTRACT
Disputes relating to intellectual property protection are gradually escalating in the Indian legal setting. Intellectual property protection is available for a limited period for the intellectual property creator who has to enforce it in an effective manner. Because of the excessive delays in the judicial system, there is a need to look for other solutions and mechanisms for sharing the burden of the judiciary. This is particularly relevant because the aggrieved person enjoys limited rights and the only remedy available is that which is prescribed under substantive legislations. Alternative dispute resolution measures are gaining prominence for enforcing the protection of intellectual property. This article explores the use of alternative legal mechanisms for protection of intellectual property rights in India.
ADR is not immune from criticism. Some have seen in it a waste of time; others recognize the risk that it be only initiated to check what is the minimum offer that the other party would accept. The deferral in removal of cases in Law Courts, has truly nullified the point for which the individuals approach the Courts for their redressal. In numerous parts of India, fast advancement has implied expanded caseloads for as of now overburdened courts, further prompting slow adjudication.
Subsequently, ADR mechanisms are becoming progressively essential for organizations working in India just as those doing business with Indian firms. So External Dispute Resolution is essential as a substitute to existing strategies for resolution of dispute, for example, litigation, strife, brutality and physical battles or unpleasant treatment of circumstances. It is a development with a drive from advancing positive methodology and demeanor towards settling a dispute.
