Intellectual Property and the Judiciary examines the role of judges in the development, interpretation and application of intellectual property (IP) law and norms. In this regard, the authors engage in a comparative analysis of various national, European and international court systems while also exploring the competing and complementary roles of legislators and executive actors.
Each chapter seeks to capture the comparative institutional advantages of government bodies within existing legal frameworks as well as offering a thorough examination of both the common law and civil law traditions in the context of judicial treatment of intellectual property. The result is a series of proposals relating to the architecture of judiciaries and the functional role of judges with the goal of optimally positioning jurists to address complex issues and advance intellectual property doctrine and policy.
Featuring high-level authors from both academia and practice, the book will be of great interest to academic researchers and practicing lawyers who have a focus on intellectual property. It will be of particular value to those who are engaged in the rapidly changing enforcement environment of intellectual property rights.
‘This book fills a gap in IP law. There are many publications on substantive and procedural law in IP litigation. But it was impossible to find a book that addresses the role of the judiciary in IP like this one does. It provides unique insights into the matter from a variety of angles. It brings together editors and authors from the bench, the bar and academia coming from all over Europe, the US and Japan. This book is a must-have for everyone who has an interest in international IP litigation.’
– Klaus Grabinski, Justice, Federal Court of Justice (Bundesgerichtshof), Germany
‘This volume makes an important contribution to our understanding of the contours of intellectual property protection through a critical examination of the global trend to adjudicate IP disputes in specialized courts. The editors have assembled an extraordinary group of scholars, practitioners and judges to compare their experiences with various adjudicatory structures.’
– Rochelle Dreyfuss, New York University, School of Law, US
‘This well-chosen collection of scholarly, but readable, papers resonates with the work of the WIPO Advisory Committee on Enforcement, where Member States are exchanging experiences on resolving IP disputes in a balanced, holistic and effective manner. It will surely advance the global debate on judicial specialization and institutional arrangements.’
– Louise van Greunen, World Intellectual Property Organization (WIPO), Switzerland
‘Whether criticized as “activist” judges or applauded for their rulings, adjudicating IP is never an easy task. Judges must face complex IP laws, rapidly evolving markets, as well as fundamental social implications and ethical dilemmas. In this book, leading scholars from around the world provide a comprehensive picture of these challenges, offering valuable insights regarding global IP adjudication.’
– Raquel Xalabarder, The Open University of Catalonia, Spain
‘Intellectual Property and the Judiciary is a milestone. The in-depth analysis of judiciary practice ranges from typical intellectual property settings to human rights and dispute settlement contexts. It compares national, regional and international experiences. The book is an absolute must for all practitioners and academics seeking to understand the dynamics of judicial decision-making in the field.’
– Martin Senftleben, Vrije Universiteit Amsterdam, the Netherlands
Contributors: V. Cassiers, T. Cottier, M. Ekvad, S. Frankel, C. Geiger, D. Gervais, S. Granata, J. Griffiths, E. Izyumenko, T. Kandeva, S. Luginbuehl, B.M.G. Lynn, S. Martin, C. Mulder, M. Müller, C.A. Nard, K.M. O’Malley, C.S. Petersen, A. Plomer, J. Schovsbo, X. Seuba, A. Strowel, T. Takenaka, A. von Mühlendahl, G. Würtenberger, P.K. Yu.
Edited by Christophe Geiger, Professor of Law, Director General and Director of the Research Department, Centre for International Intellectual Property Studies (CEIPI), University of Strasbourg, France, Craig Allen Nard, Galen J. Roush Professor of Law and Director, Spangenberg Center for Law, Technology and the Arts, Case Western Reserve University School of Law, Ohio, US and Xavier Seuba, Associate Professor of Law, Centre for International Intellectual Property Studies (CEIPI), University of Strasbourg, France.