As intellectual property becomes increasingly central to modern business, disputes involving technology, licensing, commercialization, and cross-border IP agreements have grown more complex. Arbitration has emerged as a preferred method for resolving such disputes due to its confidentiality, efficiency, neutrality, and enforceability.

At Intellect Goodwill LLP, we provide specialised legal support in arbitration proceedings relating to Intellectual Property Rights (IPRs). Our expertise spans domestic and international arbitration involving trademarks, copyrights, patents, designs, domain names, licensing, and technology-driven commercial disputes.

DEFINITION OF IP ARBITRATION

• IP Arbitration refers to resolving intellectual property–related disputes through arbitration rather than traditional court litigation.

• It is governed by an arbitration agreement between the parties, often embedded in commercial or licensing contracts.

• Example: A technology licensing agreement between two companies contains an arbitration clause. If a dispute arises about royalty payments, breach of confidentiality, or misuse of licensed IP, the matter can be resolved through arbitration instead of lengthy court proceedings.

OUR IP ARBITRATION SERVICES

• Drafting Arbitration Clauses -- Ensuring IP-sensitive contracts include enforceable, clear, and balanced arbitration provisions.

• Representing Parties in Domestic Arbitration -- Handling disputes before arbitral tribunals under the Arbitration and Conciliation Act, 1996.

• International Arbitration Support -- Representation in cross-border matters under WIPO Arbitration Rules, ICC, SIAC, LCIA and UNCITRAL frameworks.

• Technology and Licensing Disputes -- Royalties, breach of licensing terms, software and SaaS disputes, technology transfer disagreements.

• Trademark and Branding Disputes -- Contractual disputes involving franchising, merchandising, brand licensing and collaboration agreements.

• Copyright and Creative Industry Arbitration -- Disputes relating to film distribution, music rights, content licensing, and publishing contracts.

• Patent and R&D Disputes -- Disputes involving joint development agreements, research collaborations, confidentiality breaches and know-how misuse.

• Enforcement of Arbitral Awards -- Assistance in enforcing domestic and foreign arbitral awards in India.

• Confidentiality -- Protects trade secrets, sensitive data, and business strategies from becoming public.

• Speed and Efficiency -- Faster resolution compared to court litigation.

• Expert Arbitrators -- Parties can appoint arbitrators with technical or IP expertise.

• Cross-Border Enforceability -- Arbitral awards are widely enforceable under the New York Convention.

• Flexibility and Control -- Parties can choose the rules, venue, and procedure.

• Preserves Business Relationships -- Less adversarial approach helps maintain commercial partnerships.

WHY IP ARBITRATION MATTERS ?

Step 1: Case Evaluation – Assess the dispute, arbitration clause, and governing rules.

Step 2: Strategy Development – Formulate a clear and effective arbitration strategy tailored to the client’s objectives.

Step 3: Filing & Initiation – Prepare notices, statements of claim, and responses as required.

Step 4: Representation – Appear before arbitral tribunals and handle hearings, evidence, and submissions.

Step 5: Award and Enforcement – Assist in securing the award and implementing enforcement actions in India or abroad.

Step 6: Post-Award Support – Guidance on compliance, settlement, or further remedies if required.

HOW WE WORK ?

Resolve IP Disputes with Confidence and Clarity