Intellectual Property Judges Forum

Promoting transnational dialogue among judiciaries

The inaugural Intellectual Property Judges Forum was held at the headquarters of WIPO in Geneva from November 7 to 9, 2018.

The Forum, which will be held annually, aims to provide a platform for judges from across the globe to exchange their expertise on the most pressing intellectual property (IP) challenges raised by accelerating innovation and the increasingly cross-border use of IP.

National judiciaries are often tasked with resolving novel IP questions presented by technological and societal changes that move faster than the evolution of legislation and public policy. How do judges confront these challenges – from assessing highly technical and economically sensitive subject matter; to capturing the globalized and digitized realities of IP exploitation; and to adapting court administration structures to handle the increases in the volume and cost of IP litigation?

WIPO invites judges to engage with their global peers through this annual event, which is a part of the Organization’s new orientation to the judicial administration of IP.

Next Forum

Date: November 13 to 15, 2019
Location: Geneva, Switzerland

Opening (09:30 – 09:45)

Frits Bontekoe
Legal Counsel, WIPO
Master of Ceremonies:
Nahal Zebarjadi
Legal Officer, Division for the Judicial Administration of IP, WIPO
 
 
 
 

Session 1 – The judicial role in developing IP law and the value of transnational dialogue (09:45 – 11:15)

  • Judicial application of policy levers
  • Judicial engagement with foreign law and international issues
  • International cooperation

Moderator and panelists

Moderator: Annabelle Bennett
Former Judge, Federal Court of Australia, Sydney, Australia
Louis T.C. Harms
Former Deputy President, Supreme Court of Appeal, Bloemfontein, South Africa
Marie-Françoise Marais
Former Judge, Cour de Cassation, Paris, France
Maria Rowena Modesto-San Pedro
Presiding Judge, Regional Trial Court, Manila, Philippines
Ricardo Guillermo Vinatea Medina
Judge, Third Chamber of Constitutional and Social Law of the Supreme Justice Court, Lima, Peru
 

Keynote address (11:45 – 12:15)

TAO Kaiyuan
Justice, Vice-President of the Supreme People’s Court, Beijing, China
 
 
 
 

Session 2 – WIPO's work in the area of the judicial administration of IP (14:00 – 14:30)

Moderator and panelists

Moderator: Anna Morawiec Mansfield
Deputy Legal Counsel, WIPO
Sherif Saadallah
Executive Director, WIPO Academy
Louise Van Greunen
Director, Building Respect for IP Division
Ignacio De Castro
Deputy Director, WIPO Arbitration and Mediation Center

Session 3 – Emerging issues in patents (14:30 – 16:00)

  • Patentability in emerging technologies
  • Doctrine of equivalents
  • Regulatory review exception

Moderator and panelists

Moderator: Marco Aleman
Director, Patent Law Division, WIPO
Colin Birss
Justice, High Court of England and Wales, London, United Kingdom
Márcia Maira Nunes De Barros
Judge, Federal Court of Rio de Janeiro, Brazil
Misao Shimizu
Former Chief Judge, Intellectual Property High Court, Tokyo, Japan
Manmohan Singh
Chairman, Intellectual Property Appellate Board, New Delhi; Former Judge, High Court of Delhi, India

Session 4 – Emerging issues in trademarks (16:30 – 18:00)

  • Non-traditional trademarks
  • Public policy as a ground for refusal

Moderator and panelists

Moderator: Marie Paule Rizo
Head, Policy and Legislative Advice Section, Department for Trademarks, Industrial Designs and Geographical Indications, WIPO
Luis Charles Vinciguerra
Minister, Court of Criminal Appeals, Montevideo, Uruguay
Patricia Ivonne Inglés Aquino
Appellate Judge, Civil and Commercial Courts of San Salvador, El Salvador
Margot Kokke
Judge, District Court, The Hague, Netherlands
Irene Charity Larbi
Justice, Court of Appeal Accra, Ghana
 

Session 5 – Specialization of IP courts or judiciaries (09:30 – 11:00)

  • Generalist v. specialized courts
  • Technical judges v. technical experts
  • Methods of interdisciplinary collaboration
  • Alternative dispute resolution, including court referral

Moderator and panelists

Moderator: Eun-Joo Min
Acting Head, Division for the Judicial Administration of IP, WIPO
Edgardo Mateo Ettlin Guazzo
Minister, Court of Appeals, Montevideo, Uruguay
Jeremy Fogel
Executive Director, Berkeley Judicial Institute; Former Director, Federal Judicial Center, United States of America
Sam Granata
Judge, Court of Appeal, Antwerp, Belgium, and Benelux Court of Justice, Luxembourg
Vesna Todorovic
Judge, Commercial Appellate Court, Belgrade, Serbia
 

Session 6 – Emerging issues in copyright (11:30 – 13:00)

  • Assessing the scope of copyright in the digital environment
  • Copyright and fair use

Moderator and panelists

Moderator: Michele Woods
Director, Copyright Law Division, WIPO
Nassib Elia
President, Court of Appeal of Beirut, Lebanon
Kathleen M. O'Malley
Circuit Judge, Court of Appeals for the Federal Circuit, Washington D.C., United States of America
Thammanoon Phitayaporn
Deputy Chief Justice, Central Intellectual Property and International Trade Court, Bangkok, Thailand
Ricardo Guillermo Vinatea Medina
Judge, Third Chamber of Constitutional and Social Law of the Supreme Justice Court, Lima, Peru
 

Session 7 – Remedies for online IP infringement (14:30 – 16:00)

  • Site blocking
  • Intermediary responsibility
  • Right of information

Moderator and panelists

Moderator: George R. Locke
Judge, Federal Court of Canada, Ottawa, Canada
Ramón Ignacio Cabrera León
Judge, Specialized Court on Intellectual Property, Federal Tribunal of Administrative Justice, Mexico City, Mexico
Lin Guanghai
Deputy Chief Judge, IPR Division, Supreme People’s Court, Beijing, China
Marie-Françoise Marais
Former Judge, Cour de Cassation, Paris, France
Kyuhong Lee
Presiding Judge, Patent Court of Korea, Daejeon, Republic of Korea
 

Session 8 – Judicial discretion in approaches to remedies (16:30 – 18:00)

  • Provisional and permanent injunctions, and damages
  • Public interest or market considerations

Moderator and panelists

Moderator: Annabelle Bennett
Former Judge, Federal Court of Australia, Sydney, Australia
Colin Birss
Justice, High Court of England and Wales, London, United Kingdom
Akira Katase
Judge, Intellectual Property High Court, Tokyo, Japan
Zane Pētersone
Judge, Supreme Court, Riga, Latvia
Mark Schweizer
President, Federal Patent Court, St. Gallen, Switzerland
 

Special address by the Director General (09:30 – 10:00)

Francis Gurry
WIPO Director General
 
 
 
 

Session 9 – Judicial capacity building (10:00 – 11:00)

  • IP curricula in judicial academies
  • Access to IP judgments
  • Online learning and networks

Moderator and panelists

Moderator: Jeremy Fogel
Executive Director, Berkeley Judicial Institute; Former Director, Federal Judicial Center, United States of America
Mohamed Mahmoud Al Kamali
Director General, Institute of Training and Judicial Studies, Abu Dhabi, United Arab Emirates
Ki Woojong
Judge, Daejeon High Court, Republic of Korea
Maria Rowana Modesto-San Pedro
Presiding Judge, Regional Trial Court, Manila, Philippines
William Molinari Vílchez
Judge, Supreme Court of Justice, San José, Costa Rica
 

Session 10 – The judicial role in assessing public interest considerations in IP (11:00 – 12:30)

  • Legal constraints and boundaries of IP rights
  • IP and competition
  • Judicial role in market structuring and alleviating commercial uncertainties

Moderator and panelists

Kathleen M. O'Malley
Circuit Judge, Court of Appeals for the Federal Circuit, Washington D.C., United States of America
Klaus Grabinski
Judge, Federal Court of Justice, Karlsruhe, Germany
Max Lambert Ndéma Elongué
President, Tribunal of First Instance, Yaoundé Ekounou, Cameroon
Márcia Maria Nunes De Barros
Judge, Federal Court of Rio de Janeiro, Brazil
Manmohan Singh
Chairman, Intellectual Property Appellate Board, New Delhi; Former Judge, High Court of Delhi, India
 

Closing – 12:30 to 12:45

Annabelle Bennett
Former Judge, Federal Court of Australia, Sydney, Australia
Frits Bontekoe
Legal Counsel, WIPO