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  Authors

HIMA JOSEPH,Dr Avishek Chakraborthy

  Keywords

Arbitrability, Intellectual property, dispute settlement, public policy,

  Abstract


The subject of arbitrability has become a central concern in the constantly changing field of intellectual property (IP) law, capturing the interest of academics, practitioners, and legislators in equal measure. Parties involved in intellectual property issues have an alternative to traditional litigation: arbitration, a private dispute settlement process. Nonetheless, there has been much discussion and disagreement about whether arbitration is compatible with the complexities of intellectual property rights, legal requirements, and public policy issues. In the global economy, intellectual property is becoming more and more important. The fact that no nation is self-sufficient in technology adds to the intellectual property's globalization. Because of this, industrialized nations buy and export large amounts of technology, which contributes significantly to the volume of global intellectual property transactions. A trademark's capacity to safeguard and enhance a market image across linguistic and cultural distributors of goods and services has increased, even as the demand for patent protection has increased due to a growing reliance on technology in the production of goods and the rise of high-tech industries. This paper establishes the background by outlining the core ideas of intellectual property law and arbitration. Based on the ideas of procedural efficiency and party autonomy, arbitration enables opposing parties to settle their differences out of court, frequently more quickly and discreetly. Conversely, intellectual property law covers a wide range of rights, including as trade secrets, copyrights, patents, and trademarks, and it is intended to balance the conflicting interests of consumers, artists, and the general public while encouraging innovation and creativity. Unique opportunities and problems arise when arbitration and intellectual property are combined. These include concerns concerning the preservation of statutory rights, the enforcement of arbitral rulings, and how to strike a balance between the demands of public policy and private interests. The arbitrability question has many facets, including legal, economic, and sociological aspects, as this introduction demonstrates. The goals and structure of this research paper, is mainly to offer a thorough examination of the arbitrability of intellectual property conflicts. By analyzing academic literature, legal precedents, and comparative jurisprudence, this study aims to clarify how various countries are changing in their views about the arbitrability of intellectual property issues. In addition, it looks at how arbitration could affect parties' substantive rights and remedies in practice as well as how it might affect the IP ecosystem's innovation, competitiveness, and accessibility to justice. This paper aims to provide a deeper understanding of the arbitrability of intellectual property disputes by exploring these complexities, controversies, and emerging trends. The insights provided will be useful for scholars, legal practitioners, and policymakers who are tackling the difficulties of deciding IP rights in the twenty-first century.

  IJCRT's Publication Details

  Unique Identification Number - IJCRT2404140

  Paper ID - 255100

  Author type - Indian Author

  Page Number(s) - b245-b252

  Pubished in - Volume 12 | Issue 4 | April 2024

  DOI (Digital Object Identifier) -   

  No Of Downloads - 63

  Author Country - India, 688007, ALAPPUZHA, ALAPPUZHA, 688007, Others area

  Publisher Name - IJPUBLICATION | www.ijcrt.org | ISSN : 2320-2882

  E-ISSN Number - 2320-2882

  Published Paper PDF : - http://www.ijcrt.org/papers/IJCRT2404140

  Published Paper URL: : - http://ijcrt.org/viewfull.php?&p_id=IJCRT2404140

  Published Paper PDF Downlaod: - download.php?file=IJCRT2404140

  Cite this article

HIMA JOSEPH,Dr Avishek Chakraborthy,   "Arbitrability Of Intellectual Property Disputes In India", International Journal of Creative Research Thoughts (IJCRT), ISSN:2320-2882, Volume.12, Issue 4, pp.b245-b252, April 2024, Available at :http://www.ijcrt.org/papers/IJCRT2404140.pdf

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