ICC Publishes Report: Adjudicating Intellectual Property Disputes

Author:Mr David Barron and Alisa Carter
Profession:Gowling WLG

The International Chamber of Commerce (ICC) has published a report titled Adjudicating Intellectual Property Disputes, which provides an overview of the structures and trial procedures of 'specialised intellectual property jurisdictions' (SIPJs) in countries around the world.

The ICC's report was launched on 28 April 2016 at the International Forum on Intellectual Property - 21st Century, held in Moscow. It follows a survey of ICC members and input from attorneys and IP practitioners with hands-on litigation experience and expertise in intellectual property (IP), including from the US, the UK, Germany, India, China and Japan.

From the UK, Gowling WLG's David Barron and Ailsa Carter contributed to the ICC's analysis. Sir Robin Jacob, retired Lord Justice of Appeal, Professor of IP Law at University College London, is also noted as a contributor.

The ICC's stated aim is to assist countries in their consideration of whether, and how, to establish or improve SIPJs so as to enhance overall efficiency and expertise in IP-related trials. The ICC explains that it considers the role of IP in supporting innovation, cross-border trade and economic development to be important, and that both users and holders of IP rights need well-functioning and efficient mechanisms to protect intellectual assets.

The report provides an overview of the structures and trial procedures of differing SIPJs. By necessity, it is a bird's-eye view and generalisations are made. It notes that motivations for establishing SIPJs are broadly consistent, principally for courts to develop experience and specialism in...

To continue reading