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VOL. 2, ISSUE 1 (2026)
Beyond litigation: Exploring the interface between alternative dispute resolution and intellectual property rights
Authors
Pooja Kisan Bhosale, Saiprasad Dudhane, Sanskruti Mishra
Abstract
Intellectual Property
Rights (IPR) play a pivotal role in fostering innovation, creativity, and
economic growth in a knowledge-driven global economy. However, disputes arising
out of intellectual property—particularly patents, trademarks, copyrights, and
licensing agreements—are often complex, technical, expensive, and
time-consuming when resolved through traditional litigation. The increasing
volume of IPR disputes, coupled with judicial backlog and cross-border
enforcement challenges, has necessitated the exploration of more efficient
dispute resolution mechanisms. In this context, Alternative Dispute Resolution
(ADR) has emerged as a significant and pragmatic tool for resolving
intellectual property disputes. This paper critically examines the evolving
relationship between ADR and IPR, highlighting how arbitration, mediation, and
conciliation offer flexible, confidential, and expert-driven alternatives to
conventional court processes. The study adopts a doctrinal and analytical
approach to evaluate the suitability of ADR mechanisms in resolving IPR
disputes, with specific reference to Indian and international legal frameworks.
It also analyses post-pandemic developments that have intensified IPR
conflicts, particularly in technology and pharmaceutical sectors, thereby
strengthening the case for ADR. The paper argues that while ADR cannot entirely
replace litigation—especially in matters involving public interest—it serves as
an indispensable complementary mechanism that balances innovation protection
with efficient dispute resolution. The study concludes by suggesting legal and
institutional reforms to enhance the effectiveness of ADR in IPR disputes in
India.
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Pages:100-101
How to cite this article:
Pooja Kisan Bhosale, Saiprasad Dudhane, Sanskruti Mishra "Beyond litigation: Exploring the interface between alternative dispute resolution and intellectual property rights". International Journal of Research in All Subject, Vol 2, Issue 1, 2026, Pages 100-101
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