IP Hotline: Arbitrability of intellectual property disputes: a perspective from India
Posted by By nishithadmin at 29 June, at 08 : 57 AM Print
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ARBITRABILITY OF INTELLECTUAL PROPERTY DISPUTES: A PERSPECTIVE FROM INDIA
This article was originally published on 3rd July 2019 in the Oxford Journal of Intellectual Property Law & Practice.
SUMMARY
With growing cross-border investments and intellectual property transactions, there is a global surge in IP disputes. Consequently, arbitration of IP disputes is gaining traction world-wide. In India, stakeholders in IP transactions are fast turning to arbitration than to traditional courts. However, the conclusion whether certain IP disputes should be adjudicated through arbitration or through courts is not always easy to arrive at. It is critical to understand legal and judicial trends in India that can guide parties to tailor arbitration agreements, and assist courts and arbitrators in effective decision-making. This article examines the aforesaid trends, and discusses aspects that should be evaluated during negotiation of contracts involving intellectual property.
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DISCLAIMER
The contents of this hotline should not be construed as legal opinion. View detailed disclaimer.
