INTERNATIONAL PERSPECTIVE ON ARBITRABILITY OF PATENT ISSUES

Registration ID: IJNRD_196357

Published ID: IJNRD2305680

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S. Aparajitha

Patent, USA, India, Arbitrability, Intellectual Property Rights

In recent times, the scope of Intellectual Property Rights have expanded and consequently the importance and awareness of this concept became widespread. It is pertinent to note that with growth, disputes regarding Intellectual Property Rights have increased and are mostly between parties who are based in different countries who carry their business globally. Thus, seeking remedy from one’s own country to settle such disputes have mostly proven to be a hectic task due to the involvement of more than one law. In order to promote innovative technologies, scientific studies and the economic development, almost all countries have framed their own legislation that governs issuance, regulation and dispute resolution of patents to innovative findings. Patent can be obtained in more than one country and when there is a dispute with respect to that difficulties like institution of simultaneous proceedings in different jurisdictions which has different procedural standards and different laws for the same dispute which can also be coupled with a potential bias on the attitude of the judges etc. are bound to arise. In such a case, the use of alternate mechanism for dispute resolution particularly arbitration becomes helpful. The parties may select a single law to be used to the dispute, and it permits the concentration of the proceedings in cases of patent infringement that have taken place in multiple nations. Confidentiality can be better protected through arbitration procedures, and the proceedings will benefit from the arbitrators' experience. This paper deals with the arbitrability of patent disputes from an international perspective and in particular will focus on the USA’s legal regime, its unresolved issues and the Indian legal regime with effective solutions for both which shall assist and promote patent arbitration.

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S. Aparajitha (May-2023). INTERNATIONAL PERSPECTIVE ON ARBITRABILITY OF PATENT ISSUES. INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT, 8(5), g661-g673. https://ijnrd.org/papers/IJNRD2305680.pdf

Volume 8 Issue 5, May-2023

Pages : g661-g673

Paper Reg. ID: IJNRD_196357

Published Paper Id: IJNRD2305680

Research Area: Other

Author Type: Indian Author

Country: Chennai, Tamilnadu, India

Published Paper PDF: https://ijnrd.org/papers/IJNRD2305680.pdf

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