Arbitrability of Intellectual Property Disputes with Special Reference to Copyright
Amity Law School, Noida
Uttar Pradesh, India
Volume II, Issue IV, 2019
The paper describes the recent statutory and judicial developments as regards the arbitrability of IPR agreements and particularly over Copyright licensing. It shows the thrust of the state judiciary has been to allow for the progressive growth of arbitration in the area of contractual obligations (as rights in personam) and so to give a fillip to the rights of the parties to invoke arbitral jurisdiction through the express provision of an arbitration clause in the agreements inter se. Similarly, in the realm of patent infringement, arbitration has emerged as a favored tool of the rights holder to protect his legitimate interest with a greater degree of confidentiality and expediency than expensive courtroom litigation. However, the Apex court has yet to render a definitive verdict on the matter.
Keywords: IPR, Copyright, Patent, Arbitration.