Arbitrability Of IPR Disputes - A Harmonious Approach

Prior to dealing with the conundrum of the arbitrability of the disputes relating to the Intellectual Property Rights (hereinafter also referred as “IPR”) in India, let us first understand the concept of IPR. The term “Intellectual Property Rights” has not been defined under any Indian statute. As per the World Intellectual Property Organization (WIPO), Intellectual Property refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce. Some of the most commonly dealt IPR in India includes

• Copyright and related rights;
• Trade Marks including service marks;
• Industrial designs; and
• Patents

India, being a signatory of Trade-Related Aspects of Intellectual Property Rights, has enacted various statutes to protect and deal with the most of the IPR.