Jurisdictional Alchemy: Arbitrating Intellectual Property Rights In India's Evolving Adjudicative Landscape
- IJLLR Journal
- Feb 4
- 1 min read
Krishna Kumar Singh, B.A.LL.B., Faculty of Law, University of Lucknow, Uttar Pradesh
ABSTRACT
This paper provides an in-depth analysis of the application of Arbitration and Online Dispute Resolution (ODR) to Intellectual Property Rights (IPR) disputes within India’s evolving adjudicative landscape. As technological innovation accelerates, traditional litigation often proves too slow and rigid for the complexities of IPR. The core of this research examines the tension in Indian jurisprudence between rights in personam (private, arbitrable) and rights in rem (public, non-arbitrable), analyzing how cases like Booz Allen Hamilton v. SBI Finance shape the current boundaries of arbitrability.
The paper argues that despite existing legal limitations, arbitration offers indispensable benefits namely confidentiality, technical expertise, and efficiency. By comparing India's position with the progressive frameworks of the USA, UK, and Singapore, as well as the WIPO Arbitration and Mediation Center, the study identifies a significant need for domestic reform.
To bridge this gap, the paper proposes a multi-faceted reform strategy:
The introduction of specialized IPR arbitration legislation.
Amendments to the Arbitration and Conciliation Act, 1996.
The creation of a dedicated panel of IPR expert arbitrators.
A formal mechanism for reviewing arbitral awards to safeguard third- party interests.
Furthermore, the document introduces Online Dispute Resolution (ODR) as a technologically advanced evolution of ADR. It emphasizes ODR’s potential to resolve small-value and consumer disputes efficiently, thereby increasing access to justice and reducing the judicial backlog. The paper concludes by advocating for a progressive, technology-driven approach that aligns India’s dispute resolution mechanisms with international standards to support a thriving innovation-led economy.
Keywords: Arbitration, IPR, ADR, Right in Rem, Right in Personam, Arbitration and Conciliation Act 1996, Confidentiality, WIPO, ODR.
