Arbitrating Intellectual Property Disputes in India

Abstract

Intellectual property, notwithstanding lack of a comprehensive definition, is generally conferred with extensive protections in most jurisdictions, which operate erga omnes, meaning that they confer monopoly rights to the holder/owner. Given the skew monopoly rights introduce, states endeavour to craft intellectual property policies to draw a balance between levels of protection granted and benefits that members of the State can derive from exploitation of such intellectual property. Given the overall policy and the erga omnes character of IP protections, disputes concerning IP are ordinarily reserved within the sole domain of state courts. The purpose of this paper is to take another look at whether State courts, specifically in India, provide the only possible avenue for resolving IP disputes, or whether such disputes could be resolved utilising alternate methods of dispute resolution. Part I of the paper would analyse why it is important to explore alternatives to courts as a mechanism of dispute resolution. Part II explores various concerns that may arise when attempts are made to resolve IP disputes through alternate methods of dispute resolution in particular arbitration. Part III looks at attempts to arbitrate IP disputes in various jurisdictions. Part IV looks at the approach adopted within the Indian jurisdiction to arbitrate IP disputes.