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Arbitrability of Intellectual Property Disputes: a Perspective from India and Five Continents

Author: Dr. preRna Gulati, associate professor, iilm University greater Noida

Co author: Debojyoti jana, LLM student, iilm University greater Noida

Abstract: This paper explores the intersection of intellectual property rights and alternative dispute resolution (ADR), focusing on the arbitrability of IP disputes, strategic considerations in IP arbitrations, and the role of the WIPO Arbitration and Mediation Center. Beginning with a historical overview of ADR's emergence and its significance in modern industrialization, the paper delves into the complexities of arbitrability across various legal systems, examining differing approaches and challenges. It discusses the advantages of ADR in resolving IP disputes, including confidentiality benefits and the role of WIPO in facilitating such resolutions. Furthermore, it analyses the fundamental problems inherent in international IP disputes, considering conceptual discrepancies between nations and the allure of arbitration in resolving such conflicts. Drawing insights from legal frameworks in countries like Australia, the United States, India, the United Kingdom, and South Africa, the paper evaluates the status of IP dispute arbitrability and offers recommendations for future developments. Ultimately, it underscores the need for greater adoption of ADR mechanisms in resolving IP conflicts while acknowledging the existing challenges and the ongoing evolution of legal frameworks.