2021 WIPO Intellectual Property Judges Forum

Promoting transnational dialogue among judiciaries

The annual WIPO Intellectual Property Judges Forum 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 transnational use of IP.

The 2021 WIPO Intellectual Property Judges Forum will be held from November 10 to 12, 2021.  This page will continue to be updated with further details on the program, speakers and information for participants.

Past Editions

In 2020, the Forum brought together 407 judges from 89 national and regional jurisdictions, to engage with their global peers on topical issues in copyright, trademarks and patents, as well as issues arising from the influence of technology in judicial case management, and forum shopping in multi-jurisdictional IP disputes.

The WIPO Intellectual Property Judges Forum is an annual event organized by the WIPO Judicial Institute as part of the Organization’s work with the judiciaries.

November 10 – 12, 2021

Virtual meeting

Find out more

Previous editions of the Forum

More speakers will be confirmed soon.

Program (Virtual)

Day one – November 10, 2021

Opening (13.00 - 13.15)

Daren TANG
Director General, World Intellectual Property Organization (WIPO)
Annabelle BENNETT
Former Judge, Federal Court of Australia, Sydney, Australia; Chair of the WIPO Advisory Board of Judges

Session 1: Judicial Patent Case Management – Overview (13.15 – 13.40)

  • Overview of judicial structures, decision-makers and processes for patent disputes
  • Judicial education for patent disputes: 
    • How judges can be proactive in managing their cases
    • Value of formal and informal education

Speakers:

Jeremy FOGEL
Executive Director, Berkeley Judicial Institute; Former Director, Federal Judicial Center, United States of America
Peter S. MENELL
Professor, Berkeley School of Law; Faculty Director, Berkeley Judicial Institute
MIN Eun Joo
Director, WIPO Judicial Institute

Session 2: Distinctive Judicial Case Management Challenges for Patent Disputes (13.40 – 14.30)

  • Do IP disputes require specific judicial case management?
  • Is judicial case management of patent disputes different from that of other types of IP disputes?
  • What are some of the practices aimed at achieving greater speed, efficiency and consistency in the judicial adjudication of patent disputes?
    • Early case management; written procedure; Markman hearing, evidence
    • Case management considerations for specific types of patent disputes (e.g. SEP disputes)
  • Is specialization necessary or useful at all levels of courts?
  • Benefits of specific case management tools implemented, and impediments to their use
  • Is active case management always good? How much does the judge need to know about the case before engaging in active case management? Are there dangers to too proactive case management?

Moderator and Speakers:

Moderator: Leonard Stark
Judge, U.S. District Court for the District of Delaware, Wilmington, United States of America
Speaker: HE Juan
Senior Judge, IP Court of the Supreme People’s Court, Beijing, China
Speaker: Eduardo Azuma NISHI
Judge, São Paulo Court of Justice, São Paulo, Brazil
Speaker: Stephen BURLEY
Justice, Federal Court of Australia, Sydney, Australia

Session 3: Decision Makers and the Role of Experts in Patent Disputes (14.30 – 15.25)

  • How do judges use experts in patent cases, as well as in copyright and trademark cases?
  • How does the judge become familiar with patent law and with the specific technology being litigated?
  • How does the judge make a finding between disagreeing experts, and then explain the finding when delivering her or his reasons?

Moderator and Speakers:

Moderator: Klaus GRABINSKI
Judge, Federal Court of Justice, Karlsruhe, Germany
Speaker: LEE Kyuhong
Presiding Judge, Patent Court, Daejeon, Republic of Korea
Speaker: Kathleen M. O’MALLEY
Circuit Judge, U.S. Court of Appeals for the Federal Circuit, Washington D.C., United States of America

Closing Day 1 (15.25 – 15.30)

Day two – November 11, 2021

Reflections on Day 1: Lead Discussants in Conversation with Session Moderator (13.00 - 13.20)

WIPO’s Work in the Area of the Judicial Administration of IP

Speaker:

Eun-Joo Min
Director, WIPO Judicial Institute

Session 4: Patent Invalidity / Nullification Proceedings

  • Claim construction
  • Consideration of unpredictable results of an invention
  • Separating invalidity from infringement proceedings
  • Interplay with specialized/expert decision makers

Moderator and Speakers:

Moderator: Jeremy Fogel
Executive Director, Berkeley Judicial Institute; Former Director, Federal Judicial Center, United States of America
Speaker: ASAI Ken
Judge, Intellectual Property High Court, Tokyo, Japan
Speaker: David Unterhalter
Justice, High Court, Johannesburg, South Africa

Session 5: Patent Infringement Proceedings

  • Patent infringement by equivalent means
  • Direct and indirect patent infringement
  • Establishing the facts of the alleged infringement

Moderator and Speakers:

Moderator: Colin BIRSS
Lord Justice of Appeal, Court of Appeal of England and Wales, London, United Kingdom
Speaker: Prathiba SINGH
Justice, Delhi High Court, New Delhi, India
Speaker: Peter TOCHTERMANN
Presiding Judge, Patent Chamber, Regional Court, Mannheim, Germany

Closing Day 2 (15.25 – 15.30)

    Day three – November 12, 2021

    Reflections on Day 2: Lead Discussants in Conversation with Session Moderator (13.00 - 13.20)

    Session 6: Unique Issues in Biologic and Pharmaceutical Patent Disputes (13.20 – 14.00)

    • Infringement of second medical use patents
    • Newly-established patent linkage system for pharmaceutical patents in China

    Moderator and Speaker:

    Moderator: Annabelle BENNETT
    Former Judge, Federal Court of Australia, Sydney, Australia; Chair of the WIPO Advisory Board of Judges
    Speaker: DU Weike
    Senior Judge, IPR Division, Supreme People’s Court, Beijing, China

    Session 7: Damages (14.00 – 14.40)

    • Principles and challenges of damage calculation
    • Compensation or punishment?
    • Evidentiary basis for establishing damages

    Moderator and Speakers:

    Moderator: Prathiba M. Singh
    Justice, Delhi High Court, New Delhi, India
    Speaker: Samuel GRANATA
    Judge, Court of Appeal, Antwerp, Belgium; Benelux Court of Justice, Luxembourg
    Speaker: Kim Kwangnam
    Judge, District Court, Daejeon, Republic of Korea

    Roundtable: Future of Judicial Patent Case Management (14.40 – 15.20)

    • Technology and case management (remote case management)
    • Alternative dispute resolution (ADR): How actively may a judge push parties to mediate?

    Moderator:

    Kathleen M. O'Malley
    Circuit Judge, U.S. Court of Appeals for the Federal Circuit, Washington D.C., United States of America

    Closing (15.20 – 15.30)

    Annabelle BENNETT
    Former Judge, Federal Court of Australia, Sydney, Australia; Chair of the WIPO Advisory Board of Judges
    Marco M. ALEMAN
    Assistant Director General, IP and Innovation Ecosystems Sector, WIPO