Study on Specialized Intellectual Property Courts - International ...

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Study on Specialized Intellectual Property Courts Assoc. Prof. Rohazar Wati Zuallcobley Lead Consultant, International Intellectual Property Institute Hon. Jorge Amigo Castañeda Ahmed J. Davis Owen Dean Hon. Michael Fysh QC, SC Hon. Louis Harms Prof. Dionysia Kallinikou Hon. Ryoichi Mimura Hon. Nicholas Ombija Shinjiro Ono Dr. Ana María Pacón Kiat Poonsombudldert Consultants, International Intellectual Property Institute 25 January 2012 Abstract In this report, we study the effect of specialized intellectual property rights (IPR) courts on the adjudication of intellectual property (IP) -related disputes. We catalog the number and type of specialized IPR courts throughout the world, and assess the effectiveness of these courts in a series of ten case studies. The case studies were chosen to represent the various types of specialized IPR courts and to ensure geographic and economic diversity. These case studies analyze the impact of specialized IPR courts on producing consistent case outcomes in similar factual situations, the level of IPR expertise in the judiciary, and the conduct of commerce in IPR-dependent sectors. The results of these case studies suggest a positive correlation between specialized IPR courts and the efficient and effective resolution of IP cases. The case studies also reveal that factors internal and external to the court play a role in its success and that countries should consider these factors and their own limitations when establishing a specialized IPR court. We summarize the characteristics of the most successful regimes and provide effective practices recommendations for establishing or improving specialized IPR courts.

About the Report This is a joint project between the International Intellectual Property Institute (IIPI) and the United States Patent and Trademark Office (USPTO).

The INTERNATIONAL INTELLECTUAL PROPERTY INSTITUTE (IIPI) is a not-for-profit 501(c)(3) corporation organized under the laws of the United States located in Washington, DC. As an international development organization and think tank, IIPI is dedicated to increasing awareness and understanding of the use of intellectual property as a tool for economic growth, particularly in developing countries. For more information about IIPI, visit http://www.iipi.org. The UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO) is the U.S. Federal agency for granting U.S. patents and registering trademarks. The USPTO advises the President of the United States, the Secretary of Commerce, and U.S. Government agencies on intellectual property (IP) policy, protection, and enforcement; and promotes the stronger and more effective IP protection around the world. For more information about USPTO, visit http://www.uspto.gov.

Acknowledgments

The authors wish to express their deep appreciation to all those who contributed to this study and participated in the subsequent seminar. We wish to thank specifically Ben Picozzi who formatted and finalized the study, Rachel Wallace who contributed significantly to all aspects of the study and seminar, Salvador Behar who helped with the content of the study and arranged for participants in the seminar, Dr. Chryssoula Pentheroudakis who provided essential information on the courts of Europe, Cesar Parga who donated the expertise and facilities of the Organization of American States, and Shinjiro Ono who identified consultants and speakers. We wish also to thank Lester Hyman, a consultant to IIPI who was integral in the planning of the seminar, as well as IIPI interns and fellows who assisted with reference and research tasks, including Joanna Holguin, a graduate of the University of North Carolina Chapel Hill Law School who continued to participate on this study while working at the Mexican Embassy to the United States, Eric Robbins, a graduate of the Georgetown University Law School who along with Joanna researched and authored many of the brief country descriptions, and Chelsea Masters, a second-year at American University Law School who provided assista