MBA Journals Peer-reviewed management research from Consortium e-Learning Network

NOLEGEIN Journal of Corporate & Business Laws

Use of ADR Mechanism in Resolving IP Disputes

  1. Kavita R. Yadav

Abstract

Intellectual property rights (IPR) confers monopoly rights to the creator of original work. But due tothe digitalization and globalization the frequency of infringements of monopoly rights are increased.Indian judiciary already overburdened. So, there is need to search other mechanism use othermechanism to resolve disputes fast between parties as well as to reduce burden on the judiciary.Alternative dispute resolution (ADR) is the best solution to this issue which is to be worldwideaccepted. It is also called as ‘win-win strategy’ because it focuses on resolving disputes rather thandeclaration of winner and looser. There are lot off benefits in use of ADR mechanism due to its uniquenature. But in India not in full extent is used in resolving IPR disputes. There are some limitations inits use. There is need of hour that judiciary and legislature encourage disputant parties to use ADRmechanism.

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