Abstract: Intellectual Property (IP) is globally recognized as the driving force behind diverse economies. While IP transactions and cross-border investments are constantly advancing, one cannot fail to notice the dramatic worldwide influx of IP disputes. There is substantial ambiguity while deciding whether certain issues concerning IP can be considered by arbitral tribunals. Hence, declaring a conclusive statement about whether IP disputes should be adjudicated by the court or through arbitration is not always deemed as an easy attempt. IP arbitration has been gaining immense global recognition with the constant game of tug-of-war between rights in rem and rights in personam. Specialized IP arbitration can be considered by the disputants as an alternative to a court litigation when faced with multijurisdictional complications or while drafting related agreements. Nonetheless, the question of whether an International Commercial Arbitration (ICA) as an option, is indeed fit for the proposed purpose, must be acknowledged. The paper garners information from diverse sources with an attempt to explicate a comprehensive study on the arbitrability of IP disputes. The author attempts to ascertain a historical synchronicity between ICA and IPR, and the dire need for the application of commercial arbitration to decide matters of IP. Additionally, the paper draws a connection to the legal upshots of the COVID-19 global pandemic. The objective of this study is to subserve discussion and to highlight the most significant aspects of IP arbitration that need to be considered by parties to the dispute and their respective counsels.
Author: Athith Pradeep is an advocate working with Majmudar & Partners and is an editor for The Competition & Commercial Law Review with a BBA., LL.B (Business Law Hons.) degree from the School of Law, Alliance University, Bengaluru. The author may be reached at email@example.com.
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