Navigating IPR Disputes through ADR Mechanism- Study of public policy perspective

Abstract

Intellectual property disputes were often resolved through traditional courts. However,
in recent years, parties have increasingly turned to alternative dispute resolution
methods, such as arbitration and mediation, to resolve these types of disputes.
This shift has been prompted by the success of domain name dispute resolution
procedures like the Uniform Domain Name Dispute Resolution Policy (UDRP). These
procedures have made it possible for trademark owners to protect their marks on
the internet. Due to the success of domain name dispute resolution procedures,
trademark owners can now safeguard their marks on the internet. Alternative dispute
resolution (ADR) is widely supported in both developed and developing nations
due to its informal procedures, cost-effectiveness, and reduced time commitment.
ADR encompasses several methods, including arbitration, mediation, negotiation,
conciliation, and collaborative law, which is globally used in voluntary conflict
settlement procedures outside of court rules. The range of ADR approaches enables
flexibility in resolving disputes between parties. Negotiations and mediation, which
are less confrontational, enable parties to settle disputes in continuing commercial
relationships without the need for a factfinder, an evidential or legal review, a decision
of the validity of underlying claims, or any other substantive procedural requirements.