Practice

Intellectual Property Disputes and Arbitration

Licensing and royalty disputes arbitrate well. Questions about the validity of a registered right generally do not.

Published
28 Sep 2026
Read time
1 min read
Seat
Chennai

IP disputes well suited to arbitration include licensing and royalty disagreements, breach of confidentiality or NDA terms, and disputes over ownership of IP created under a commercial or employment contract.

Questions that go to the validity of a registered IP right itself — whether a patent should have been granted, or a trademark should be cancelled — are generally treated as non-arbitrable in India, since they affect rights against the world at large (erga omnes) and fall within the exclusive jurisdiction of the relevant statutory authority or court.

Most commercial IP disputes, however, are contractual — about what a licence permits, what royalties are owed, or who owns work product — and these are arbitrable and benefit from an arbitrator with genuine sector expertise, along with the confidentiality that keeps sensitive commercial terms and technical details out of the public record.

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