Intellectual property and the judiciary

Includes index.

Contents: Introduction / Christophe Geiger, Craig Nard and Xavier Seuba -- Part I. Intellectual property and European courts -- Section 1. Intellectual property and the European court of human rights -- 1. Intellectual property before the European court of human rights / Christophe Geiger and Elena Izyumenko -- 2. The European court of human rights: an unlikely forum for the enforcement of IP rights / Aurora Plomer -- Section 2. Intellectual property and the court of justice of the European Union -- 3. Taking power tools to the acquis - the court of justice, the charter of fundamental rights and European Union copyright law / Jonathan Griffiths -- 4. Intellectual property law made by the court of justice of the European Union / Alain Strowel and Vincent Cassiers -- 5. The role of the European court of justice in the European patent court system / Stefan Lugienbuehl and Teodora Kandeva -- Section 3. Intellectual property and the unified patent court -- 6. Decision-making in the unified patent court: ensuring a balanced approach / Jens Schovsbo and Clement Salung Petersen -- 7. The patent mediation and arbitration centre: a centre of opportunities / Sam Granata -- 8. Scientific complexity and patent adjudication: the technical judges of the unified patent court / Xavier Seuba -- Section 4. Intellectual property and European quasi-judicial bodies (European Patent office, European Union intellectual property office and community plant variety office) -- 9. The procedural rules in appeal proceedings before the European patent office / Cees Mulder and Marcus O. Müller -- 10. Functioning of the community plant variety office board of appeal / Martin Ekvad -- 11. Position of the board of appeal in the legal protection system for community plant variety rights / Gert Würtenberger -- 12. The boards of appeal of the European Union Intellectual property office: an alien within the landscape of European administrative law! / Stefan Martin -- 13. The Boards of appeal of the European Union intellectual property office / Alexander von Mühlendahl -- Part II. Intellectual property and courts in the United States and Japan -- 14. The proposed structure and function of the unified patent court: lessons from the American judicial experience / Kathleen O'Malley and Barbara Lynn -- 15. The best practice for patent judiciary: lessons from another experiment on specialized adjudication for patent cases in Japan / Toshiko Takenaka -- 16. Europe's Bold experiment: lesson's learned from America's patent law experience / Craig Nard -- Part III. Intellectual property and international adjudication -- 17. The interpretation of international intellectual property instruments in national, regional and international courts and tribunals / Susy Frankel -- 18. Investor-state dispute settlement and the trans-pacific partnership / Peter Yu -- 19. Does the WTO appellate body "Make" IP law? / Daniel Gervais -- Index.

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.