Use of ADR Mechanism in Resolving IP Disputes

Abstract

Intellectual property rights (IPR) confers monopoly rights to the creator of original work. But due to
the 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 other
mechanism 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 worldwide
accepted. It is also called as ‘win-win strategy’ because it focuses on resolving disputes rather than
declaration of winner and looser. There are lot off benefits in use of ADR mechanism due to its unique
nature. But in India not in full extent is used in resolving IPR disputes. There are some limitations in
its use. There is need of hour that judiciary and legislature encourage disputant parties to use ADR
mechanism.