WIPO celebrates the International Day of Women Judges: Six judges from Brazil, the Republic of Kazakhstan, South Africa, the United States of America, the Unified Patent Court, and Viet Nam reflect on their inspiring journeys in the judiciary
March 8, 2024
On March 10, the occasion of the International Day of Women Judges, WIPO honors the remarkable careers of the women judges who lead by example and actively contribute to building a balanced and effective intellectual property (IP) ecosystem across the world.
WIPO is committed to achieving gender equality and diversity across the world of IP. This work involves not only promoting greater recognition and protection of women innovators and creators, but also fostering inclusive structures that allow societies to benefit from the contributions of women at all levels of the IP ecosystem.
Through the WIPO Judicial Institute, WIPO has the privilege of working with extraordinary women judges who advance the field of IP adjudication within their jurisdictions and beyond. Since 2022, WIPO has been celebrating this day by showcasing some of their extraordinary careers, and today, we have the privilege of sharing the inspiring stories of six of them.
Cathy Ann Bencivengo
Judge, U.S. District Court for the Southern District of California, San Diego, United States of America
I was inspired to pursue a career in law by the women’s movement of the 1970s. My father was politically active, and he encouraged me toward public service. I aspired to the bench as an avenue to serve the community and contribute to the legal field.
The most challenging – and rewarding – part of being a judge is the variety. As a U.S. District Judge, I have a diverse docket that covers both civil and criminal matters. The variety of cases that I have to address is both challenging and intellectually stimulating, as I must mentally and at times emotionally shift gears as I work on cases that come before me. From complex IP disputes to contract and employment litigation, to criminal conspiracies and drug importation cases, my work covers a broad spectrum of legal issues and how they impact the lives of the parties. Sentencing people to prison, reviewing highly technical patent disputes, presiding over jury trials, every aspect of my day has its demands.
When approaching an IP case, I depend a great deal on the lawyers. While I know the law and the legal standards, they know the technology. Teaching me what is important to understand and evaluate the case is a critical aspect of their role as advocates. I have often explained to counsel that while I am not a POSITA (person of ordinary skill in the art), they should consider me a POTATA (person of temporary appreciation of the art) and endeavor to teach me at a level I can grasp and translate into a correct decision.
Diversity on the bench is a value to the system, and supporting women who aspire to judicial positions benefits society as a whole. Although our numbers have increased on the federal bench, the number of women trial judges on the federal bench remains small. To get to the place where your experience in the law makes you qualified for consideration as a District Judge requires years of commitment in the legal field. For many women, the opportunity to advance, as well as the sacrifice to other commitments, particularly family life, is still a huge hurdle.
The best advice I can give to women aspiring to be judges is to be the best lawyer you can be. Be scrupulously prepared on the law and the facts. Be confident and trust yourself. Make a positive name for yourself in the legal community as a leader in organizations that provide equal access to justice and promote civility in the law.
Dinh Ngoc Thu Huong
Judge, High People’s Court, Ho Chi Minh City, Viet Nam
I was drawn to the judiciary because I am drawn to justice. Since I was young, I have been impressed by movies in which judges uphold fairness to everyone. My family has wholeheartedly supported me to follow a judicial career. This was a strong motivation for me, because being a judge is my passion.
In my country, becoming a judge requires fulfilling many criteria. Your competence, knowledge, and soft working skills will be considered carefully. The process of selecting a good judge for society and the people is very competitive. I dedicated my time and effort to serving many judges and other court leaders. In my journey, I am also aware of my other duties as a state civil servant.
My first mentor was the first judge that I worked with. She was interested in IP cases when serving in the Economic Division of the Ho Chi Minh City People’s Court, and she was assigned to settle a variety of IP cases. She also participated in an IP forum in Japan and a course in the Republic of Korea. From that, she shared her experience in dispute resolution with me.
In addition to serving as a judge, I hold leadership positions in different groups. I am the Head of the Management Board of my apartment building, Vice President of a Poetry Association, and Head of a Women’s Group. All of these roles bring me professional experience in leadership and patience, providing methods to resolve potential disputes.
Women in general and women judges in particular may face prejudice from family, friends, and the public. I am lucky to have a supportive and open-minded family, where all of my competence can be treasured. The law on gender equality has progressed in Viet Nam recently. I believe that, in my country, male judges and female judges have similar chances to enter the judiciary and express their interest in IP adjudication.
I encourage women who aspire to become judges to participate in professional forums, workshops, and competitions to build up their knowledge daily. Everyone who dreams of becoming a judge must learn practical skills from many other judges.
Irina Kalashnikova
Judge, Supreme Court of the Republic of Kazakhstan, Astana, Kazakhstan
I began my judicial career in 1997, three years after graduating from university, having previously worked as a legal adviser and a lawyer. In those years, shortly after the Republic of Kazakhstan gained independence, there were fewer barriers to entering the judicial profession. I successfully passed the selection stage and was appointed as a judge of a small district court, where civil, criminal and administrative cases were considered. At that time, there were no specialized courts or separate specialization of judges. Each judge considered all categories of cases. I came to specialization in the field of IP in 2014, when I joined the Supreme Court of the Republic of Kazakhstan.
From my role models and mentors, I learned to combine my work as a judge with taking care of my family and loved ones. I have been lucky enough to meet many wonderful women judges who shared their experience and knowledge with me and provided moral support. To this day, I remember my senior colleagues with warmth, and I am very grateful to them for their attitude towards me. They were women judges, professionals in their field, who fully devoted themselves to serving the profession, were not indifferent to the problems of people who applied to the court for protection of their rights, and who greatly contributed to the establishment of the judicial system of the Republic of Kazakhstan.
The most pleasant part of being a judge is the feeling of restoring justice through the correct resolution of a dispute, when both disputing parties to the process are satisfied with the verdict of the court. In such a case, the losing party realizes that the court established all of the circumstances of the dispute, correctly applied the rules of law, and showed impartiality.
Intellectual property disputes are the most interesting category of cases for me. The resolution of these disputes is not easy, but that is what makes them interesting. When considering cases of this category, it is necessary to have a deep knowledge not only of law, but also of other aspects, including some technical knowledge. It is also necessary to consider the norms of international law in the field of intellectual property protection, which are directly applicable. Difficulties in the resolution of this category of cases arise when the involvement of experts on certain issues is required and their conclusions may be mutually exclusive.
WIPO’s contribution to the development of intellectual property adjudication in the Republic of Kazakhstan is invaluable. Participation in the annual WIPO IP Judges Forum and communication with colleagues from other countries provide great practical assistance in the formation of judicial practice in IP cases, while taking into account international experience.
It is important to fulfill oneself not only in the judicial profession, but also in other aspects of life – family, children, hobbies, etc. Sometimes it is difficult for women judges to combine all of these elements. In my opinion, the most difficult parts of being a woman judge are preventing emotional burnout, navigating professional changes, remaining empathetic to the problems of people who have applied to the court for protection of their rights, and coping with the psycho-emotional challenges associated with the administration of justice.
When choosing a profession, I advise women to take a balanced approach, anticipating and preparing for the difficulties, possible emotional overload, and certain limitations associated with the judicial profession. The profession of a judge is wonderful, interesting, and allows you to acquire new knowledge and new skills every day. While requiring a lot of emotional energy and hard work, the judicial profession serves the important aims of restoring justice, developing law, and improving relations in society. Boldly pursue a career that enables you to be useful to society and contribute to the development of law and harmony in human relations!
Rian Kalden
Presiding Judge, Second Panel of the Court of Appeal, Unified Patent Court, Luxembourg; Chair of the WIPO Advisory Board of Judges
During the first years of my studies, I already thought that the balancing of arguments and the decision process inherent in being a judge was a very challenging and attractive exercise. Even though I have always wanted to eventually become a judge, I nevertheless started as a lawyer in private practice. This was a very good and valuable basis for being a judge, as it makes you aware of the position, tasks, and difficulties experienced by the lawyers appearing before you. After more than 10 years in private practice, I began my journey in the judiciary.
When I joined the judiciary, all judges in the IP department at the District Court of The Hague were male. I think this was partially due to the fact that patent cases are exclusively dealt with in The Hague. In other district courts, there were certainly female judges adjudicating trademark, designs, and copyright cases. A similar division could be seen among the lawyers – there were hardly any women IP lawyers with an interest in patent cases. In my firm, I was the only one for a long time. Times have changed, though. Now, both in the District Court and the Court of Appeal, there is an even balance between male and female IP judges. In the Netherlands, the number of female students in technical universities, even though still a clear minority, has increased considerably over the last few decades. I think women have become more independent and confident. At school, girls are also very much encouraged to engage in technical subjects and eventually choose technical studies.
What I still like most about being a judge is the balancing of the arguments and interests, solving the puzzle that parties present. I very much like being in a panel of judges. The discussions can be very intense, but always fruitful. It is the discussions with the parties and experts at hearings that are the best part of the job. It is great to be independent and impartial, with no party or any other interest that keeps you from accepting an argument or thinking in a certain direction. Only the right and just outcome matters.
I regard it as a privilege that I am able to adjudicate patent cases. In a patent case, the technique can be challenging, but in the end that aspect is exactly why I like patent cases so much. They are always interesting, if not for the legal challenges – which we still have plenty of – then at any rate because there is always technique involved. It is this combination that makes each and every case different and interesting.
Most importantly, every woman who would like to become a judge should not hesitate and be confident of herself. This is particularly important for those wanting to become patent judges. There is no need to be eligible for a Nobel Prize before you start hearing patent cases. All it takes is a feeling for technical issues and a real interest in the matter in dispute. Further, if you aspire to become a judge, I advise first working as a lawyer, either in private practice or otherwise. Be part of society, learn what is going on at the other side of the bench, what the interests are, how the game is played. Once you are a judge, it is more difficult to acquire that knowledge and understanding. Independence and impartiality are very high values, but at the same time, judges should not be detached from reality.
Mahube Molemela
President, Supreme Court of Appeal, Bloemfontein, South Africa
Looking back, I realize that my journey to becoming a judge was quite a winding road. I have always been fascinated by the law. Although my dream had always been to become an attorney, the reality that I faced after graduating from high school was that I could not find placement at any of the local law firms. I decided to apply for a post as a prosecutor and quickly secured that appointment. A few years later, I achieved my dream of being admitted as a practicing attorney. Thereafter, I served the legal profession in many other roles, including as a law lecturer, an arbitrator, and a board-member of several companies. This breadth of experience stood me in good stead, culminating in my appointment as a judge 21 years after entering the legal profession. As the saying goes, the rest is history.
Following my widely publicized appointment as the very first female Judge President of the Free State Division and the second woman in that position in the country, I received many messages of support from various professional bodies and from various members of the public. This was quite a humbling experience and made me realize the extent of confidence many organizations and communities have in female leadership. I realized that many women counted on me to fly the flag of women-folk high, and I dared not fail my sisters. I consciously strived to be a difference maker in the various roles I played as a female leader of our court. I believe that my recent appointment as the President of the Supreme Court of Appeal serves as a recognition of a job well done in that role. This encourages me to continue striving to empower other women in the pursuit of justice for all, which, in my view, is the higher principle for which the law was made.
Without a doubt, one of the most rewarding aspects of being a judge is having the opportunity to uphold justice, protect individual rights and contribute to the fair resolution of disputes. Additionally, the authority to interpret and apply the law in a manner that promotes the well-being of society is quite fulfilling.
The most challenging part of being a judge is the amount of social isolation that comes with the job. Not only must a judge be fair and impartial but he or she must be seen to be so. As judges, we accept that judicial isolation is an inherent part of the role we must play in society. This entails consciously cutting down on previous associations that one might have had with other legal practitioners who used to be your colleagues before your elevation to the bench. As a result, we largely depend on our senior colleagues for support during the adjustment period. Serving as a mentor to a newly appointed judge therefore goes a long way towards imparting the basics of stress management techniques and ‘survival tools’ that you have acquired from your predecessors.
I think gender bias, mostly subtle, is the biggest barrier for most women judges worldwide. We, as women judges, are committed to justice and equality. We know that having more women judges on the bench reflects the diversity of our society. Our struggle as women should not be for the appointment of one woman in one significant post in the judiciary, while the rest occupy lower positions within the judiciary. Over the years, women judges have emphasized the need for the equal participation of competent women and men in all spheres of the legal profession, which in turn yields a wider pool from which women judges with the requisite skillset can be appointed.
To women aspiring to become judges, know that there is no substitute for hard work in the judiciary. Our aspiring sisters will have to be prepared to ‘do the time’ by putting in long hours into their court preparation, which unfortunately sometimes means prioritizing work over personal matters. A high work ethic must be second nature.
Márcia Maria Nunes de Barros
Federal Judge, Thirteenth Federal Court of Rio de Janeiro, Brazil
I felt inspired to pursue a career as a judge from the very first day of law school. In a defining moment, my Introduction to Law Science professor looked directly at me and said, “You are going to be a judge.” This prediction was never forgotten, and over the years of study, the seed of possibility he planted blossomed into a clear conviction. I was always driven by the desire to make a difference in people’s lives and by a deep sense of justice, equality, and respect for differences. These values became the foundation of my decision to pursue a career in the judiciary.
I didn’t choose to work with intellectual property; intellectual property chose me. After completing my law degree, I worked as a judicial analyst in the Federal Court and as a National Treasury Attorney, in addition to serving as a public lawyer in the Attorney General’s Office. These experiences were fundamental for my practical learning in law, preparing me for the responsibilities and challenges of the judiciary. In 2001, I was transferred to work in a Federal Court that specialized in social security matters and had recently also become specialized in intellectual property. This transition sparked my interest in the field, leading me to study and deeply engage with the subject.
My path to the judiciary was filled with significant challenges. The greatest was balancing the intense preparation for public examinations with my professional and personal responsibilities, which was particularly challenging as I was already a mother of a young daughter when I entered the judiciary. Additionally, facing and overcoming gender barriers, present in the judiciary as in much of our society, has been and continues to be a constant challenge. Moreover, becoming a judge is not just about passing an exam; it is a continuous process of learning and adaptation. Aware of these demands, I have also dedicated myself for over a decade to the initial training of new judges and to the training of specific trainers for judicial courses, focusing on the practical skills necessary for performance and continuous improvement of the judicial function.
I had significant role models and mentors throughout my professional journey, and I firmly believe in the importance of sorority to overcome structural challenges in building a more equal world. In the field of intellectual property, two incredible women were fundamental in my development: Cláudia Chamas, a professor and researcher who guided me during my Master’s degree, and Vânia Lindoso, a retired public lawyer and former chief prosecutor of litigation at the National Institute of Industrial Property (INPI). Both demonstrated immeasurable dedication to the public interest, which is essential in discussions about intellectual property in Brazil. They are examples of integrity and professional excellence. The personal and academic interactions I had with Cláudia and Vânia not only enriched my understanding of the subject but also deeply shaped the way I approach my work and responsibilities as a judge.
Deciding an intellectual property case is a meticulous and multifaceted process. It requires a detailed analysis not only of the legislation and judicial precedents but also of the specific technical and legal aspects of the case at hand. Each decision must strike a balance between the interests of the involved parties and the applicable legal principles. Furthermore, it’s crucial to consider the public interest, which plays a vital role in intellectual property. Therefore, as a judge specialized in IP, I face the ongoing challenge of protecting intellectual property rights while ensuring that this protection does not harm the collective well-being and technological and economic progress. This is one of the most complex and fascinating nuances of working with intellectual property.
My advice to women aspiring to become judges is believe in your potential. You can be whatever you want to be, including judges. Be dedicated, never stop learning, and always be open to personal and professional growth. It’s essential to believe in your transformative potential and seek mentors and support networks that can guide and support you in challenging times. The judiciary needs more female voices to truly reflect the diversity and richness of our society. You have the power to actively contribute to reducing gender stereotypes and structural inequalities, working towards a more just and equitable society. Always remember that the obstacles you face along the way do not define your limits but rather the strength and resilience you possess to overcome them.