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Research Paper | Law | India | Volume 12 Issue 12, December 2023
Arbitrability of Intellectual Property Dispute: A Pragmatic Dispute Resolution Mechanism
Abstract: Conventionally, conflicts over intellectual property rights have been addressed primarily in national courts. Nonetheless, there has been a considerable inclination towards arbitration in recent years. For example, the number of cases decided under the WIPO Arbitration and Mediation Rules is constantly increasing, and the number of specific IP-related arbitral institutions is rising as well. This is due, in part, to the territorially limited reach of state court procedures, which no longer match the needs of modern international commercial processes. The transition to arbitration is appropriate since arbitration is particularly well suited to settling intellectual property conflicts. Arbitration is a private process, which is especially beneficial in IP issues due to the sensitive nature of the material involved. Furthermore, specific knowledge is necessary to properly settle technological disputes, a challenge that might be overcome by choosing adequately competent arbitrators.
Keywords: WIPO (World Intellectual Property Rights Organization), Arbitration, IP (Intellectual Property), Arbitrators
Edition: Volume 12 Issue 12, December 2023,
Pages: 1945 - 1947