Intellectual Property Disputes and Resolutions

Gandhi, Vikas H.

Abstract

Disputes relating to intellectual property [IP] protection are gradually increasing. Resolution by State courts resulting in expensive and time-consuming mechanism. The way-out from the downside is alternative dispute resolution of IP disputes. But, the issues like ‘public policy’ and ‘arbitrability’ of IP dispute are road-blocking. To resolve IP disputes amicably and speedy is vital for the parties and their business. WIPO, which has currently 193 member states, has established Arbitration and Mediation centre to settle IP disputes with subject ‘arbitrability’ left on State to interpret. The article discusses arbitration in IP disputes, the relationships among WIPO, TRIPS and WTO in IP disputes; and IP disputes and IP Law in India with few judicial pronouncements.

Keyword(s)

Intellectual Property; Arbitration; Dispute Resolution; Indian Law and Practice; International Intellectual Property Laws; WIPO; TRIPS; WTO

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