Comparative Discussion on the Arbitrability of Intellectual Property Disputes in India and the United States of America (USA)

Abstract

This essay shall delve into the general meaning afforded to terms such as Arbitration, Intellectual Property and Arbitrability. It observes and elucidates upon the development and recent trends in intellectual property arbitration in India and USA. USA is a liberal jurisdiction for intellectual property arbitration and the same has found mention in the federal statute. In stark contrast, India recently opened its doors to intellectual property arbitration and is predominantly ambiguous due to the failure of a central national policy. The aim of the essay is to objectively compare and analyze the different arbitration regimes in the two countries, attaining the conclusion that intellectual property arbitration should proceed only inter partes. This approach finds balance and preserves the inviolability of both the courts and the arbitral tribunal.