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