Arbitrability Of IPR Disputes In India

INTRODUCTION

Intellectual property right (hereinafter to be referred to as "IPR") has not been defined in any of Indian statues; however, the judiciary has described it as a negative right which means it is a right to exclude others from using the property generated by the registered owner¹ . This property is the intangible or incorporeal property whereby these rights are only real and effective to the extent they enable the owner or transferee to keep out from use those who are not permitted to do so.² Intellectual property rights include trademark, copyright, patent, and industrial designs. However, we will restrict ourselves to the copyright and the dispute arising out of the same.