INTRODUCTION
Intellectual property is the creation of the human mind. Connoisseurs like Elbert Einstein, APJ Abdul Kalam, Stephen Hawking, are few dignitaries where the human mind is accolated for its novel creation. These intellectual creations are inclusive of but not limited to Patents,
Copyrights, Trademarks, Industrial Design, Geographical Indication Tags, Trade Secrets. With the advancement in technology where the data is readily accessible a significant threat is posed to the creation being stolen. Determining infringement becomes burdensome when it comes to the unauthorized use of property without the consent of the owner. This burden intensifies in cross-borders where multiple jurisdictions may have interest. Continuous infringement of IP challenges the governance of IP laws in cross- borders which are addressed by the norms of Special Economic Zones (SEZs). SEZ are geographically delineated areas within a country, governed by different trade laws than the rest of the country . It plays a crucial role in fostering the development of a country by means of encouraging the foreign and domestic countries to contribute to innovation and creation. SEZ have gradually evolved with the global trends of IP. However, periodic contravention has been marked in recent times due to increased protection. This blog tends to explore whether International Arbitration is a viable option for Intellectual Property disputes in SEZs by diving deeper into various kinds of disputes resolution mechanisms in consonance with the SEZ Act of 2005 and global governance of SEZ incorporating Arbitration at International level in IP.

ARBITRATION: A PREFERRED MECHANISM OF DISPUTE RESOLUTION IN INFRINGEMENT OF IP LAWS WITHIN SEZ

Plethora of disputes arises in SEZs such as, commercial disputes, land resources and related disputes, tax related issues, etc. There are various mechanisms of Dispute Resolution such as Arbitration, Mediation, Negotiation and Conciliation. But inter-alia arbitration provides for the most formalized and structured mechanism provided under the NY Convention. ARTICLE II of the Convention determines where a dispute is arbitrable or not? The enforcement of foreign arbitral award is made mandatory by The New York Convention to which India is a signatory . Thereby, India has to mandatorily enforce the arbitral award. The most common violations of IP are patent, trademark, copyright, trade secret, and most recently by the emergence of pharmaceutical industry, plethora of violations related to the formulation and composition of drugs mainly by back tracing the components has been reported within the SEZs. In order to adjudicate these disputes, International Arbitration provides an appealing alternative for adjudication in national and cross-border IP disputes. However, perspectives with respective to common law and civil law must be taken into the minds in an effort to understand the adjudication. Fundamental features of Arbitration make it a viable option for both the parties at dispute. These features are mentioned hereunder: Consensual, Neutral, Confidential, Easily Enforceable, Parties are at freedom to appoint an Arbitrator. However, there are some impediments in arbitrating IP disputes within SEZ. These are: limited availability of preliminary damages or injunctive relief, Evidential issue between Common law and civil law and Arbitrability of IP disputes in many jurisdictions.

In a nutshell, Arbitration shall remain a prominent tool in addressing issues pertaining to intellectual property in Special Economic Zones.

CONCLUSION
Although, there are many pitfalls of arbitration in adjudicating IP disputes which can be mitigated by adequate planning, and precise drafting of the arbitration agreement. As arbitration agreement is customizable, the terms and seat and jurisdiction of arbitration are open to mutual consent of both the parties, ensuring confidentiality and neutrality throughout the enforcement of the agreement. This exercise enhances the probability that the IP dispute is proceeded in time and cost-efficient manner. But most jurisdictions recognize the same IP rights and this general category of IP rights is inclusive of, Copyrights, patent, trademark, Domain name, Tarde Secret, etc. The common belief that Arbitration is faster and cheaper in comparison with the national litigation courts is falsified and hence, not a ground reality. Although, certain truncated provisions, the subject matter (issue to the dispute) acts as a deciding factor in determining the efficiency of cost and time. The question determining arbitrability of the subject matter is becoming less relevant as national courts are posing competition to Arbitration and soon may overtake it in adjudicating disputes related with Intellectual Property.  Hence, the future of IP Arbitration remains completely unknown. Legal practitioners are required to be vigilant and stay at par with the latest trends.

This article is authored by Soumya Chandak, who was among Top 40 performers in the Contract Drafting Quiz competition organized by Lets Learn Law.