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Enercon India v. Enercon GmbH: Concluded Contract, Arbitration and Intellectual Property

Anurag K. Agarwal (Indian Institute of Management, Ahmedabad.)

Indian Institute of Management Ahmedabad

ISSN: 2633-3260

Publication date: 14 September 2014

Abstract

The case deals with the issues of technology transfer and protection of intellectual property in an international contract, with the International commercial arbitration as the dispute resolution method. The case highlights the distrust between parties when they do not want to continue doing business together and the use of legal technicalities to delay the matter from settling and utter confusion due to international nature of contract, multiple court proceedings in different countries and even questioning the status of the contract – whether a concluded contract or not.

Keywords

Acknowledgements

Note: The case is primarily based on the decision of the Supreme Court of India dated 14 February 2014, Enercon (India) Limited and others v. Enercon GmbH and another, as reported in 2014 Indlaw SC 92; JT 2014 (3) SC 49; 2014(2) SCALE 452. It is assumed that the readers have a basic understanding of intellectual property rights, arbitration, and contracts.

Citation

Agarwal, A.K. (2014), "Enercon India v. Enercon GmbH: Concluded Contract, Arbitration and Intellectual Property", Indian Institute of Management Ahmedabad. https://doi.org/10.1108/CASE.IIMA.2019.000021

Publisher

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Indian Institute of Management Ahmedabad

Copyright © 2014 by the Indian Institute of Management, Ahmedabad