Specialised Intellectual Property Courts - Issues and Challenges
published in: Specialised Intellectual Property Courts - Issues and Challenges, Global Perspectives for the Intellectual Property System, Issue Number 2: CEIPI-ICTSD. 2016, p. 15-41
34 Pages Posted: 12 Apr 2016 Last revised: 12 Apr 2016
Date Written: March 23, 2016
Abstract
This paper is the lead article of the second issue of the Series Global Perspectives and Challenges for the Intellectual Property System - a CEIPI-ICTSD joint publication - and deals with issues and challenges around specialised intellectual property courts. The diversity of special tribunals is remarkable. The courts may have jurisdiction over controversies related to all aspects of intellectual property rights or simply with respect to certain intellectual property categories. Under the TRIPS Agreement countries have the option to create specialised intellectual property courts and on this basis, countries are free to decide what types of judicial body or bodies have the jurisdiction to hear disputes. In this respect, the experience in both developed and developing countries varies. The paper concludes that how advantageous or necessary it is to establish specialised courts in a given jurisdiction depends on a number of factors that go beyond intellectual property. Rather, this determination should take into account more general factors, including economics, the legal system and societal characteristics. Thus, the creation of specialised IP courts cannot be recommended in all circumstances. This article is complemented by important contributions made by distinguished scholars on the current situation on specialised courts in the jurisdictions of Brazil, China, India and Uganda: Denis Borges Barbosa and Pedro Marcos Nunes Barbosa, Hong Xue, Shamnad Basheer, Susan Isiko Strba (website indicated on the first page of the paper/pdf).
Keywords: specialized intellectual property courts, dispute resolution, intellectual property, patents, trademarks, copyrights, designs
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