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Abstract
Today, protecting intellectual property rights is crucial to any business transaction. Intellectual property law is vital to the economy and the diplomatic process of international trade. Even if India's intellectual property regime has been growing in recent years, there is always a debate over whether it has a competent dispute adjudicating authority. Thus, the article examines the ability of ADR to arbitrate IP disputes in national/state court procedures. It also explores employing standard-essential patents (SEPs) under fair, reasonable, and non-discriminatory (FRAND) conditions with smart contracts, blockchain technology, and new technical resources throughout the arbitration process. Finally, the paper will examine IP arbitration challenges in the context of rights in rem and personam, statutory restrictions, and state sovereignty.
Supplementary weblinks
Title
Worldwide Forum on the Arbitration of Intellectual Property Disputes
Description
It provides for a basic framework for the notion of arbitration, describes arbitration agreements, the scope of application of lex arbitri, and the comparative study on the various national rules governing various IP rights.
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The ICC Commission Digital Library report on Arbitration
Description
The ICC commission's report on intellectual property disputes and arbitration explains the types of IP disputes, provides ICC statistics, discusses the major tenets of institutional and ad hoc arbitration rules. And most importantly it explains in secrion 14 of the report the national laws and their enforceability of awards.
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Why Arbitration is an increasingly attractive alternative for resolving IP Disputes
Description
The article expands on simple concepts for the reader to understand the process of arbitration such as selection of arbitrators confidentiality, neutrality, negotiations and cross border enforceability. This will provide a base for understanding the concepts mentioned in the paper.
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The Paucity of Arbitration in Intellectual Property Disputes
Description
This article explains the brief overview of IP Law disputes and goes on to discuss the emergent relations in India and provides for the various framework of laws and their subject matter applicability in such disputes. Finally it discusses the coliseum challenges for the arbitration of IP Law disputes in India.
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An analysis of the Conundrum of arbitrability of IP Law rights disputes in India
Description
The short article explains the need for a pro arbitration approach by the courts and argues the need for the State and national courts in the country to implement this on an urgent basis to bring on par the Indian dispute resolution system with other countries around the world.
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Arbitrability of IP disputes in India- A Blanket bar ?
Description
The author expands on the principles laid down in various court decisions in India and provides a primer for IP law disputes from the lens of a critical analysis on the recent landmark judgments that have shaped the implementation of arbitration in IP Law disputes.
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