Navigating the Complex Terrain: Intellectual Property Arbitrability Challenges in India

This article explores the intricate landscape of arbitrating intellectual property disputes in India. Focusing on the Indian legal framework, it delves into the challenges posed by the dichotomy of rights in rem and in personam. Analysing landmark cases and evolving jurisprudence, the article emphasizes the significance of contractual disputes and third-party involvement in determining arbitrability. Jurisdictional comparisons with the United Kingdom, the United States, and Singapore highlight global variations in Intellectual Property arbitrability. The conclusion underscores the need for a nuanced approach, carefully assessed remedies, and globally uniform law to address the existing gaps and complexities surrounding Intellectual Property disputes in a rapidly evolving global scenario.