Advances in Consumer Research
Issue 2 : 982-990
Original Article
The Art of Resolution: ADR as a Game-Changer in IP Conflicts
1
Professor of Practice, School of Law, UPES, Dehradun.
Abstract

Intellectual Property Rights (IPR) conflicts have traditionally been resolved through litigation, often leading to prolonged disputes, high costs, and an overburdened judicial system. Apart from the regular m ode of dealing with issues by court system, the conflicts have been resolved through other traditional methods as well like through the Panchayati system and other village-based arrangements. However, an emerging trend in the resolution of IPR disputes is the adoption of Alternative Dispute Resolution (ADR) mechanisms, such as arbitration, mediation, and negotiation. These methods offer a more efficient, confidential, and flexible approach to resolving complex IPR conflicts while promoting innovation and collaboration. This paper explores the growing preference for ADR in IPR disputes, analyzing its advantages, challenges, and global developments. It also examines landmark cases and legislative frameworks that support ADR mechanisms in intellectual property matters. ADR has the ability to provide corporate entities of different nationalities with a single unified arbitration forum, resulting in a final and enforceable ruling that is binding across various jurisdictions. As a result, a rising number of IP owners and users are turning to well-known alternative dispute resolution (ADR) procedures such as arbitration and mediation to settle their IP conflicts. The study concludes that ADR serves as a viable alternative to traditional litigation, fostering a balanced and amicable resolution of disputes in the dynamic field of intellectual property.

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Volume 2, Issue 2
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