Abstract
This article analyzes the relationship between intellectual property (IP) law and arbitration in India. It explores the potential advantages of arbitration, such as flexibility, confidentiality, and technical knowledge, for settling intellectual property conflicts.
The Arbitration and Conciliation Act of 1996 and other pertinent IP statutes are highlighted in this article’s discussion of India’s legal framework for arbitration. After that, it explores the idea of arbitrability and examines the kinds of intellectual property conflicts that can be resolved by arbitration.
This article presents the essential legal standard set forth in the Vidya Drolia case, which describes the conditions under which an intellectual property issue cannot be settled by arbitration. The article also notes the growing trend in the world for IP conflicts to be resolved through arbitration and the assistance provided by institutions like the WIPO Center.
With regard to arbitration’s relationship to intellectual property law in India, the article offers a thorough analysis, emphasizing the advantages and disadvantages of this form of dispute resolution.