Intelectual Property

Páginas: 27 (6601 palabras) Publicado: 1 de febrero de 2013
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 ofspecialized 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 theefficient 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 establishingor 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 internationaldevelopment 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 registeringtrademarks. 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 allthose 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 providedessential 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 JoannaHolguin, 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 Schoolwho provided assistance with citations and editing.

TABLE OF CONTENTS
Table of Acronyms ...................................................................................................................................... ii
I. Introduction ................................................................................................................................................ 1
A....
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