ISSN : 2663-2187

Arbitration in Biotech Technology Transfer Disputes: Legal Insights

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Swapnil Mukherjee, Dr. Malay Adhikari, Dr. Nirupama
» doi: 10.48047/AFJBS.6.14.2024.2928-2939

Abstract

Arbitration is one of such dispute resolution mechanisms that provides parties an opportunity to resolve their disputes through a private and efficient mechanism. The party autonomy is preserved, unlike the traditional court. Technology transfer license agreements is one of the ways which facilitates the use, means and distribution of various scientific developments and innovations developed by researchers and scientific scholars. It indeed play a vital role for the commercialisation of discoveries or inventions. These are applicable to every industry including stakeholders using and employing biotechnology in their industrial setup. Due to the legal intricacies and technical nature of these agreements which are entered upon by the concerned stakeholders, disputes often occur within the realm of biotechnological inventions and technologies. This obviously need efficient dispute resolution procedures in fast and easy mechanism without much hardship on the end of scientists or industry owners. This research study investigates as well as analyses the use of arbitration in settling biotech technology transfer disputes in the State of West Bengal in India which predominantly have a large number of Industries concerned with issues in the biotechnology sector within the district of Paschim Bardhaman.

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