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5 Indian L. Rev. 1 (2021)

handle is hein.journals/indinlr5 and id is 1 raw text is: INDIAN LAW REVIEW Routledge 2021, VOL. 5, NO. 1, 1-18 https://doi.org/10.1080/24730580.2020.1800968 Taylor & Francis Group RESEARCH ARTICLE Recent developments concerning arbitrability of IPR disputes in India: a need for reform Ankur Singhal and Vasavi Janak Khatri National Law School of India University, Bangalore, India ABSTRACT ARTICLE HISTORY Arbitrability in the context of IPR disputes has gained popularity world- Received 17 October 2019 wide. In India, there is no statutory provision that mandates the adop- Revised 26 May 2020 tion of ADR when it comes to IPR disputes. The lack of any legislative Accepted 31 May 2020 insight thus stands as an impediment to efficient dispute resolution. KEYWORDS The judiciary has also not taken a consistent stand in this regard. As Arbitrability; rights in rem; a result, the law on this issue is a scattered version of what it could be. rights in personam; Booz To improve the business environment and IPR protection, it is impor- Allen test; copyright act; tant to reform the law, keeping in mind the developments that are inter partes; validity of IPR; taking place in jurisdictions across the world. This paper studies the infringement claims jurisprudence that has developed in India. It analyses the principles laid down by the Supreme Court of India in Booz Allen and Hamilton v SBI Home Finance, its inconsistent application by High Courts, and con- cludes that there exists scope for codification and uniformity. 1. Introduction In 2019, India witnessed a huge jump in the International Intellectual Property Index, going from the 44th place to 36th place, the biggest jump amongst all the countries in the Index.' This implies that Indian policymakers have taken significant steps in building a conducive environment for Indian and international players. This article looks at intellectual property rights (IPR) development in India from the perspective of dispute settlement and protection. With a surge in cross-border investments and developments in the area of intellectual property, the number of disputes that might arise will, without doubt, need an efficient disposal mechanism. Amongst the various kinds of intangible assets that are gaining popularity across the world are patents, copyrights, and trademarks. As per the World Intellectual Property Indicators 2018, published by World Intellectual Property Organization (WIPO), around 1.4 million patents were granted worldwide in 2017, a 3.9% increase as compared to 2016. A similar trend can be observed with respect to other intellectual property rights.2 Intellectual property rights have thus become corner- stones of corporate energy and vital for business success CONTACT Ankur Singhal e ankursinghal@nls.ac.in 'Global Innovation Policy Centre, 'Inspiring Tomorrow: US Chamber International IP Index (7th edn, 2019), 9 < https://www. theglobalipcenter.com/wp-content/uploads/2019/03/023593_GIPC_IP_Index_2019_Full_04.pdf> accessed 2 July 2020. 2World Intellectual Property Organization, 'World Intellectual Property Indicators 2018 (2018), 31 <https://www.wipo. int/edocs/pubdocs/en/wipopub_941_2018.pdf> accessed 2 July 2020. 3Ju Yeon Lee, 'Identifying Effective Dispute Resolution Mechanisms for Intellectual Property Disputes in the International Context' (2015) 25(3) Journal of Arbitration Studies 155, 160. © 2020 Informa UK Limited, trading as Taylor & Francis

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