Copyright infringement claims are arbitrable

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Bombay High Court, while adjudicating an application filed under section 8 of the Arbitration and Conciliation Act, 1996, in Eros International Media Limited v Telemax Links India Pvt Ltd, has held that intellectual property (IP) disputes arising out of an agreement are arbitrable if the agreement contains an arbitration clause.

Vintage_film_reel,_camera_and_director_boardEros, an owner of films and audio-visual works, had entered into a term sheet (containing an arbitration clause) for granting content marketing and distribution rights to Telemax. Eros filed a civil suit against Telemax, claiming infringement of its copyrights. Telemax filed an application under section 8 stating that in view of the arbitration clause in the term sheet, the court should not entertain the dispute.

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