Intellectual Property and the Judiciary

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Intellectual Property and the Judiciary

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Intellectual Property and the Judiciary explores the role of the judiciary in the elaboration and interpretation of intellectual property law, exploring how IP doctrine and policy are developed and the manner in which judges construct and apply norms in different court systems.

The authors engage in a comparative exploration of various national, European and international judiciaries and appraise the competing and complementary roles of governing bodies. The book offers an examination of both common law and civil law traditions in the context of judicial treatment of intellectual property.
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

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