Abstract

The evolving landscape of intellectual property rights (IPR) and their intersection with alternative dispute resolution (ADR) mechanisms have become pivotal topics in legal discourse. IPR protects creators' interests, yet disputes in this realm are inevitable, particularly in the digital age. Although Indian courts acknowledge the arbitrability of IPR disputes, a definitive procedure is lacking due to the absence of a statutory mandate for ADR in these cases, leading to inefficiencies and inconsistencies. This paper advocates for aligning Indian law with international developments in IPR arbitration to foster a conducive business environment, protect intellectual property, and encourage innovation. Legislative reforms are proposed to codify and standardize IPR dispute resolution in India, enhancing its global standing in the IPR landscape. Key cases, including Booz Allen and Hamilton Inc v SBI Home Finance Ltd, Eros International Media Ltd v Telemax Links India Pvt Ltd, and IPRS v Entertainment Network, illustrate the complexities and inconsistencies in judicial rulings on IPR arbitrability. Comparative analysis of global practices, such as those in France, Singapore, and Hong Kong, highlights the potential benefits of embracing arbitration for IPR disputes. The paper suggests amending the Arbitration and Conciliation Act and various intellectual property statutes to explicitly include ADR mechanisms and provide clear guidelines for arbitrability. These reforms aim to ensure efficient, fair, and consistent resolution of IPR disputes in India.

Keywords