Patent Dispute settlement through Arbitration and the public policy concerns

Abstract

India is a developing nation, which had shown both progress and decline in economy over the years. Intellectual property rights are considered as an important asset of a nation. National legislations are made in par with the international conventions and treaties, more concentration on the industry and investments are needed for the development of the nation. Patent legislations changed on basis of the national and international needs. The monopoly right granted for an invention is on the basis of their intellectual skill. Patent dispute settlement mechanisms are mainly patent office through controller of patent, District Court & High Court and the patent tribunals. Patent is granted for 20years in India. The patent holder can utilize the same within this short span of time. Hence all the patent holders and the public challenging the validity of the patent, expect a speedy justice in patent disputes. This research paper addresses the question as to whether subject matters that can be referred for arbitration can be limited on grounds of public policy. Further the paper will address the issues as to whether arbitration can be effective mechanism for settling patent disputes in India.