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Specialised Intellectual Property Courts- Issues and Challenges.
2016
G 81 WER.S
Available at WIPO Library
Items
Details
Title
Specialised Intellectual Property Courts- Issues and Challenges.
Author
Item Type
Book
Description
77 pages.
Alternate Call Number
G 81 WER.S
Summary
Lack of enforcement of a particular legal system puts into question its actual relevance. In the case of intellectual property, the significance of enforcement has been expressed in many different ways. Sometimes delicate metaphors - "without effective enforcement, IPRs are nothing but empty shells"1 - have been made, and on other occasions the relevance of enforcement has been conveyed in a more descriptive fashion. For instance, "the value of intellectual property rights depends in practice on whether the holder can take effective measures to prevent others from infringing them,"2 or "without effective remedies for the enforcement of these rights, the rights are worthless."3 It is in this context that the relevance of intellectual property litigation must be assessed. Judicial adjudication and enforcement transforms substantive protection into reality and, equally important, places intellectual property norms in connection with the norms integrating the broader legal framework to which they belong.
Formatted Contents Note
Abbreviations and Acronyms
Foreword
About the Authors of the Second Issue and Editors of the Series
Introduction / Xavier Seuba
Part One: Specialised IP Courts: Issues and Challenges / Jacques de Werra
Executive Summary
1.1 Introduction
1.2 Specialised Courts for Intellectual Property Disputes
Concept of specialised IP courts
Broad diversity of IP disputes and of national and regional IP dispute resolution systems
1.3 Advantages and Disadvantages of Specialised IP Courts
Advantages
Disadvantages
1.4 Policy Choices
1.5 Conclusion
Part Two: Current Situation in Selected Emerging Countries
2. Specialised Intellectual Property Courts in Brazil / Denis Borges Barbosa and Pedro Marcos Nunes Barbosa
3. Specialised Intellectual Property Courts in China / Hong Xue
4. Specialist IP Adjudication: The Indian Experience / Shamnad Basheer
5. Specialised Intellectual Property Courts in Africa: The Case of Uganda / Susan Isiko Štrba
Foreword
About the Authors of the Second Issue and Editors of the Series
Introduction / Xavier Seuba
Part One: Specialised IP Courts: Issues and Challenges / Jacques de Werra
Executive Summary
1.1 Introduction
1.2 Specialised Courts for Intellectual Property Disputes
Concept of specialised IP courts
Broad diversity of IP disputes and of national and regional IP dispute resolution systems
1.3 Advantages and Disadvantages of Specialised IP Courts
Advantages
Disadvantages
1.4 Policy Choices
1.5 Conclusion
Part Two: Current Situation in Selected Emerging Countries
2. Specialised Intellectual Property Courts in Brazil / Denis Borges Barbosa and Pedro Marcos Nunes Barbosa
3. Specialised Intellectual Property Courts in China / Hong Xue
4. Specialist IP Adjudication: The Indian Experience / Shamnad Basheer
5. Specialised Intellectual Property Courts in Africa: The Case of Uganda / Susan Isiko Štrba
Series
Global Perspectives and Challenges for the Intellectual Property System.
Linked Resources
Published
Geneva, Switzerland : International Centre for Trade and Sustainable Development (ICTSD), 2016
Language
English
Record Appears in
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