Scope Of Arbitration In Matters Involving Intellectual Property Rights

Our Associate,  Alvin Antony discusses "Scope of Arbitration in Matters Involving Intellectual Property Rights"

Arbitration is a popular dispute resolution mechanism around the world. Intellectual Property Rights ("IPRs") is a subject that has not typically been the subject of arbitration in the years gone by. Recently, however, the Hon'ble High Court of Delhi in Hero Electric Vehicles Private Limited and Another vs Lectro E-Mobility Private Limited and Another (2021 SCC Online Del 1058)  dealt with the circumstances in which matters involving IPRs can be subjected to arbitration proceedings.

The plaintiffs, Hero Electric Vehicles Private Limited and others, filed a suit to restrain the defendants, Lectro E-Mobility Private Limited and others, from using the HERO trade mark on and in relation to electric bikes with throttle. The Defendants requested the court to refer the matter to arbitration on the basis of a Family Settlement Agreement ("FSA") and