The World Intellectual Property Organization (WIPO) is pleased to present this innovative study, Judicial Structures and Procedural Rules for Intellectual Property Disputes: A Comparative Report. Technological changes are positioning courts at the forefront of questions in the realm of intellectual property (IP) with significant legal, social and economic implications. Around the world, judicial systems face increasing challenges – both technical and case management related – stemming from the rapidly evolving nature of IP disputes. The globalized character of modern societies and the transnational nature of IP transactions ensure that this momentum will continue. In this context, Member States are actively examining how to structure their court systems and procedural rules to improve access to justice, enhance procedural efficiency, and more effectively address the unique complexities of IP disputes.
WIPO, and in particular its Judicial Institute, collaborates closely with Member States to provide guidance and technical assistance to support policymakers engaged in these endeavors. This report was commissioned as part of these efforts. It serves as a comparative global reference suitable to guide national and regional considerations on judicial reform. While offering unprecedented coverage of the judicial dimension of IP governance, this report explains and compares the different forms of and approaches to judicial structures and procedural rules for IP adjudication. It compares the law and practice of 11 jurisdictions – selected to highlight diversity of geographical regions, development and approaches – presenting practical insights into general judicial structures, specialized court systems, rules of procedure and policy considerations specific to IP disputes.
While it does not seek to provide prescriptive advice or recommend best practices, this report does offer WIPO Member States factual and objective information needed to form their own strategic plans for judicial structures and procedures that align with national needs and national policy objectives.
This report builds on and complements other WIPO resources, such as the IP Judicial Structures and Procedures online tool, the IP Benchbook Series, and An International Guide to Patent Case Management for Judges, among others, which support judiciaries in their vital role of ensuring that IP, innovation and creative ecosystems remain balanced and effective. It also complements other WIPO publications aimed at policymakers, such as the study Models of IP Governance and Administration.
We hope that this report will equip policymakers with valuable insights to support well-informed decisions in designing IP judicial governance, thereby resulting in strong and effective IP adjudication systems worldwide, ultimately benefiting innovation and society alike.
Marco Alemán
WIPO Assistant Director General