A SURVEY ON SPECIALIZED INTELLECTUAL PROPERTY COURTS (SIPC)

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RAEISI L.

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Journal Paper

Paper Information

Journal: NAMEH-YE-MOFID Year:2008 | Volume:13 | Issue:2 (64 LAW) Page(s): 97-116

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Information Journal Paper

Title

A SURVEY ON SPECIALIZED INTELLECTUAL PROPERTY COURTS (SIPC)

Author(s)

RAEISI L. | Issue Writer Certificate

Keywords

INTELLECTUAL PROPERTY DISPUTESQ3

SPECIALIZED COURTSQ2

PRIVILEGESQ3

DEFECTSQ3

OBSTACLESQ3

CONDITIONSQ2

Abstract

Although neither the WIPO nor the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) requires specialized IP courts, some States have created specialized IP courts as the most appropriate way to implement their duties under international IP instruments. The specialized IP courts have PRIVILEGES such as better understanding of IP issues by judges, establishment of rules and procedures that are unique to IP issues in nature, i.e. appoint associate judges or assessors to assist and provide technical knowledge, reduced risk of judicial errors, which contributes to the effectiveness of the administration of justice. Of course they have DEFECTS also. To help more efficient and effective enforcement of IP rights by specialized IP courts, there are basic questions which must be answered before setting up any specialized IP court. For example, do problems in the particular area disclose a genuine need for a specialized court? How have the problems been dealt with before the courts? Has there been any important legislation that has prompted or will prompt an increase in the number of cases being litigated in this area over a period of time? Is the volume or potential volume of work in this area sufficient to justify the creation of a specialist court? In this article I study PRIVILEGES and DEFECTS related to specialized IP courts and also discuss the emerging worldwide trend to establish specialized IP courts and the impact of the specialized IP courts on the protection and enforcement of IP rights and also OBSTACLES related to their creation.

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APA: Copy

RAEISI, L.. (2008). A SURVEY ON SPECIALIZED INTELLECTUAL PROPERTY COURTS (SIPC). NAMEH-YE-MOFID, 13(2 (64 LAW)), 97-116. SID. https://sid.ir/paper/3509/en

Vancouver: Copy

RAEISI L.. A SURVEY ON SPECIALIZED INTELLECTUAL PROPERTY COURTS (SIPC). NAMEH-YE-MOFID[Internet]. 2008;13(2 (64 LAW)):97-116. Available from: https://sid.ir/paper/3509/en

IEEE: Copy

L. RAEISI, “A SURVEY ON SPECIALIZED INTELLECTUAL PROPERTY COURTS (SIPC),” NAMEH-YE-MOFID, vol. 13, no. 2 (64 LAW), pp. 97–116, 2008, [Online]. Available: https://sid.ir/paper/3509/en

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