Judiciaries and Intellectual Property
WIPO supports judiciaries in dealing with the novel legal questions that often arise from intellectual property (IP) disputes in a rapidly changing technological environment. The WIPO Judicial Institute and relevant WIPO sectors work with judges from around the world to create a space for dialogue and exchange of information and practices, to deliver capacity building activities, and to increase the availability of information about IP and courts.
Our work is guided by an Advisory Board of Judges who represent broad geographical and technical coverage. Members serve in their personal capacity for two year terms.
- Annabelle BENNETT, Former Judge, Federal Court of Australia, Sydney, Australia (Chair);
- Colin BIRSS, Lord Justice, Court of Appeal of England and Wales, London, United Kingdom;
- Souad El FARHAOUI, Judge and Counsellor, Court of Cassation and Director of Education, Higher Institute of Magistracy, Rabat, Morocco;
- Klaus GRABINSKI, Judge, Federal Court of Justice, Karlsruhe, Germany;
- LI Jian, Deputy Chief Judge, IPR Division, Supreme People’s Court of China, Beijing, China;
- Tati MAKGOKA, Justice, Supreme Court of Appeal, Bloemfontein, South Africa;
- Max Lambert NDÉMA ELONGUÉ, Magistrate, Deputy Director in charge of Administrative, Financial and Accounts Litigation, Ministry of Justice, Yaoundé, Cameroon;
- Lyudmila NOVOSELOVA, President, Intellectual Property Court, Moscow, Russian Federation;
- Kathleen M. O’MALLEY, Circuit Judge, Court of Appeals for the Federal Circuit, Washington D.C., United States of America;
- SHITARA Ryuichi, Former Chief Judge, Intellectual Property High Court, Tokyo, Japan;
- Maitree SUTAPAKUL, President, Court of Appeal for Specialized Cases, Bangkok, Thailand; and
- Ricardo Guillermo VINATEA MEDINA, Judge, Seventh Chamber Specialized in Administrative Proceedings, High Court of Lima, Peru
Exchange of information
WIPO creates a global space for exchange of experiences and good practices among national judiciaries from around the world.
WIPO provides capacity-building activities to support judges, both by delivering activities in jurisdictions that have been less exposed to IP cases in the past, and by bringing together experienced IP judges for an annual Master Class.
Source of information
WIPO aims to build a global repository of information on judicial systems and decisions in the field of IP.
- WIPO Lex-Judgments database
- WIPO Lex-Judgments: Demonstration of features video
- When Private International Law Meets Intellectual Property Law - A Guide for Judges
- WIPO Collection of Leading Judgments on Intellectual Property Rights: People’s Republic of China (2011–2018)
- Overview of Patent Litigation Systems (World Intellectual Property Indicators 2018)
- The Economic Analysis of Patent Litigation Data (Economic Research Working Paper No. 48)
- Fomentar el diálogo judicial transnacional en materia de propiedad intelectual” in Perspectiva de los administradores de justicia en Propiedad Intelectual en América Latina (Supreme Court of Paraguay/ASIPI, 2021)
Topics and issues
IP infringements routinely impact on multiple territories, resulting in questions of jurisdiction, applicable law, and enforcement and recognition of foreign judgments.
Whilst not obligatory, there is a trend to specialize or centralize the handling of certain types of IP disputes. When is it advantageous or necessary to establish specialized IP courts?
Although personal 3D printing has not developed as anticipated, industrial 3D printing is playing a bigger role in advanced manufacturing. Professor Matthew Rimmer takes a look at recent developments in IP litigation and policy with respect to 3D printing.
Non-WIPO events for judges