http://ipkitten.blogspot.com/2023/04/wipo-publishes-guide-to-patent-case.html
BusyBee – part Kat, part bee, all honey, no sting |
With spring slowly awakening northern Europe, the AmeriKat’s friend, BusyBee, is starting to emerge and with it he brings news of a new WIPO publication. Last Friday, WIPO published An International Guide to Patent Case Management for Judges.
“As globalization leads to the homogenization of legal problems, it is hoped that this publication will serve as a source of inspiration and comparison for procedural innovation and improved solutions in patent case management, and contribute to coherence and mutual respect between distinct legal systems and judicial structures across different countries. At the same time, the approaches described in the Guide reveal that the unique characteristics of patent case management by courts have intimate connections with the normative, structural and socio-economic background of each jurisdiction, and any consideration for enhanced efficiencies in judicial case management must take into account the unique characteristics of that jurisdiction.”
- the role of patent offices in evaluating and determining patent validity
- the judicial structures responsible for resolving patent disputes
- early case management
- patent claim construction
- provisional measures
- discovery and gathering of information
- summary judgment
- evidence
- patent infringement trial
- remedies available in patent infringement proceedings.
- Vision for the IP judiciary
“WIPO’s vision is for a balanced and effective approach to intellectual property that works for everyone, everywhere. This requires that the judicial structures around IP respond effectively to the needs of each Member State while, at the same time, working harmoniously across territorial boundaries to engage with the demands of an interconnected and increasingly digital world. We hope that the guide will promote greater knowledge, as well as the cross-pollination of judicial approaches and best practices as we work towards this important global goal.”
Executive Director of the Berkley Judicial Institute and Former Judge and Director of the Federal Judicial Center – Jeremy Fogel – stated:
“The overarching goals of the guide are to enhance understanding of international patent protection, share best practices for improving patent case management, and promote international comity.”
“International comity in patent cases. Well, there is another topic for WIPO to sink its teeth into”, mews Merpel.
Content reproduced from The IPKat as permitted under the Creative Commons Licence (UK).