Arbitrators jurisdiction
abhijeet
(Querist) 29 January 2012
This query is : Resolved
Hi everybody,
Can we add arbitration clause to the Trade Mark Assignment Agreement.
Sec.134 of the Trade Marks Act gives Jurisdiction to District Court on some matter.
Please carify.
Raj Kumar Makkad
(Expert) 29 January 2012
You can add arbitration clause even in trade mark Assignment as there is no legal hurdle to do so.
abhijeet
(Querist) 29 January 2012
Hi,
Section 138 of the Trade Marks act gives specific jurisdiction to the District court for the infringement, rights related to register trade marks and passing off.
In such scenerio please guide me as to which provision/section may be referred which clearifies the Jurisdiction of Arbitrator on these matters.
abhijeet
(Querist) 29 January 2012
Sorry Section 134 of Trade Marks act gives specific jurisdiction to District Court. The query remains the same. Please clarify.
abhijeet
(Querist) 29 January 2012
Please clarify
Shailesh Kumar Shah
(Expert) 29 January 2012
As per provisions of section 134 of Trade Marks act, 1999, Arbitration clause could not be provided.
ajay sethi
(Expert) 29 January 2012
in the present case parties have agreed to refer the dispute to arbitration . Having consented to have the controversy between the parties resolved by reference to arbitration through court, the defendant deprived himself of the right to question the authority of the court to refer the matter to arbitration or of the arbitrator to render the award.
ajay sethi
(Expert) 29 January 2012
section 134 of trade mark actonly provide Additional
Forum and place for filing suit in case of any trade mark violation
Devajyoti Barman
(Expert) 29 January 2012
The District Judge comes into play when the re is any relief to be sought for against trademark infringement including the interim relief for injunction.
The arbitration clause is regarding resolving the dispute through arbitral tribunal
So in assignment agreement arbitration clause can always be given.
Raj Kumar Makkad
(Expert) 29 January 2012
Barman has cleared the provision as sought.
Dr V. Nageswara Rao
(Expert) 30 January 2012
1. Any dispute is arbitrable unless some law bars that. For instance, non-compoundable criminal offences are non-arbitrable.
2.Even if a dispute is arbitrable,it cannot be refered to arbitration unless te aprties have agreed to refer the particular diapute arbitration either befre the dispute has arisen or after the dispute has arisen.
3. The arbitrationclaude can be included in the main contract itself or the parties can arrive at seperate arbitration agreement agreeing to refer disputes arising out of the main contract to arbitration.
4. Once the parties agree to settle thier dispute by arbiitration, the jurisdiction of the civil courts is ousted and the 1996 Arbitration and Conciliation Act bars the Courts from proceeding with the matter.
5 As a rule all IPR disputes are arbitrable and WIPO has its own arbitration mechanism.
abhijeet
(Querist) 30 January 2012
Does that mean we may put two cluases in agreement showing jurisdiction of the Arbitrator in certain commercial matters and the matters under section 134 with District Court.
prabhakar singh
(Expert) 30 January 2012
An agreement in restrained of taking legal proceeding is barred as void but any dispute that can be resolved by any court can be agreed by parties to be resolved by arbitrator is my view.
prabhakar singh
(Expert) 30 January 2012
Criminal cases are out of picture,they are all togather different matter.
prabhakar singh
(Expert) 30 January 2012
Criminal cases are out of picture,they are all togather different matter.
prabhakar singh
(Expert) 30 January 2012
what is going on with you Mr.Yedu on this site????
abhijeet
(Querist) 31 January 2012
Thanks Mr.Devajyoti,
request your view on following-
As per your view The District Judge comes into play when the any relief to be sought for against trademark infringement including the interim relief for injunction.
Does that mean if arbitration clause is kept in the said agreement arbitrator may give order on the issues that are in its perview and the matters related to the infringement shall remain under jurisdiction of District Court.
Should we show arbitration and court jurisdiction in the same agreement.
