Arbitrability of Intellectual Property Dispute: Where Does India Stand?

With technological boom and exponential growth in commercial business, the focus of economic forum has shifted its focus to Intellectual Property laws. This extensive growth of IP rights is leading to consequential growth of IP disputes across the globe. Due to the transfer and assignment of IP rights in multiple jurisdictions, it has an international and commercial dimension that makes International Commercial Arbitration an amicable and steady dispute resolution process. However, the question of arbitrability of IP disputes is still uncertain in most jurisdictions and if at all it is arbitrable, another question arises that what kind of IP disputes are arbitrable? The judiciary while, on one hand, is promoting the Arbitration asan alternative dispute resolution but on the other hand is not ready to divulge their powers or stir their authority. The absence of statutory regulation and uncertainty in legal decisions has led the Indian position on arbitrability of IP disputes in limbos. With the issue of IP arbitrability pending before Supreme Court in case of Eros International, the article by understanding the concept of arbitrability will look into various approaches across the globe to deal with the issue so as to achieve certainty and clarity in Indian laws. The article is woven with the thread of public policy and its relevance in settling the issue of arbitrability of IP disputes in India.