Shiksha Samvad

Shiksha Samvad

International Journal of Multidisciplinary Research

International Open Access, Peer-reviewed & Refereed Journal | ISSN: 2584-0983 (Online)

Call for Paper: Vol. 2 – Issue 3 – March 2025 (Last Date- 30 March 2025)

IPR Disputes: Evaluating India’s Experiences with International Agreements and Dispute Settlement Mechanisms

Vol. 03, Issue 01, pp. 38–48  |  Published: 11 September 2025

1Dr. Shakuntla Sangam & 2Mr. Jyotishk Narayan Kanoujia

DOI:

Abstract

 This paper examines Indian legal system’s journey with International Intellectual Property Rights (IP) disputes, evaluating its participation in important international agreements and dispute settlement frameworks. India being an important emerging economy, has navigated a difficult landscape, balancing its obligations to global IP norms, majorly through the World Trade Organization’s TRIPS (Trade-Related Aspects of Intellectual Property Rights) Agreement, with its own development priorities, especially in public health and knowledge access.

Post-TRIPS, India want through a substantial legislative reform to streamline its domestic IP laws relating to trademarks, copyrights, and patents. On one hand these reforms aimed to foster innovation and bring foreign investment, on the other hand, this led to a lot of international disputes, particularly in the pharmaceutical sector, this has been highlighted by landmark cases raising issues concerning patentability. Utilization of TRIPS flexibilities by India like the compulsory licensing, has been a point of contention that has often caught him up against d multinational corporations and developed nations.

Beyond general mechanism of WTO dispute settlement, India has actively engaged in several bilateral and multilateral initiatives and has explored alternative dispute resolution (ADR) mechanisms made by international institutions such as the World Intellectual Property Organization (WIPO). The move towards ADR shows a rising recognition of the requirement for more effective and specialized pockets for resolving cross-border IP conflicts, reducing the burden on convention judicial systems.

India has made significant march in modernizing its IP ecosystem and mobilizing enforcement, but challenges persist, that includes issues of piracy, counterfeiting, and the need for more streamlined of judicial processes and IP administration. Indian experience shows the complex interplay between domestic policy, international obligations, and the realities of dispute resolution in the variable field of intellectual property, marking its ongoing steps to cast a balanced, rewarding and su IP ecosystem.

Keywords: TRIPS Agreement, Compulsory Licensing, Digital Piracy, Geographical Indications and Alternative Dispute Resolution

Cite this Article:

Dr. Shakuntla Sangam & Mr. Jyotishk Narayan Kanoujia, “IPR Disputes: Evaluating India’s Experiences with International Agreements and Dispute Settlement Mechanisms” Shiksha Samvad International Open Access Peer-Reviewed & Refereed Journal of Multidisciplinary Research, ISSN: 2584-0983 (Online), Volume 03, Issue 01, pp.38-48, September 2025. Journal URL: https://shikshasamvad.com/

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