Tag Archives: ADR

Copyright

On the ‘Apocalyptic’ Arbitrability of Copyright Disputes: IPRS v. Entertainment Network


The Bombay High Court, on the 31st of August, held in Indian Performing Right Society Limited (IPRS) v. Entertainment Network, that the dispute at hand was not arbitrable as it related to an action in rem (read the order here). This order by Justice R.D. Dhanuka is in stark contrast to Justice Patel’s well-reasoned Eros v. Telemax (‘Telemax’) judgement pronounced in April this year (read Prof. Basheer’s post and the order here, and here) where it was held that legal claims…


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Copyright Others

Apocalyptic Arbitration of IP Disputes?


And Justice Patel holds sway yet again with his robust reasoning and formidable flair!  Ruling (in effect) that:  Legal claims arising from IP licensing (and other commercial) transactions are essentially “in personam” disputes. There is nothing in Indian law which ousts such disputes from arbitration. Put another way, these are perfectly “arbitrable” disputes. And if the parties had mutually agreed to arbitrate such disputes, they must necessarily follow through on this contractual commitment. And cannot rush to court at the…


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Others Trademark

TMR Delhi: Notice on mediation/conciliation for pending opposition/rectifications


“The notion that ordinary people want black-robed judges and well dressed lawyers and fine courtrooms as settings to resolve their disputes is not correct. People with problems, like people with pains, want relief, and they want it as quickly and inexpensively as possible.” (J. Warren Burger) The situation at the five Trade Mark Registries appears to be far from ensuring speedy and effective relief to trademark applicants/opponents/registrants. As of 2012, as detailed by Prashant Reddy in his blog post here,…


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