Foreword by WIPO
Patents tell the story of innovation today and the technologies of tomorrow. As well as serving as powerful catalysts for technology dissemination, business growth and economic development, their dynamic nature means that patent laws and jurisprudence must keep pace with ever-changing circumstances.
Given this, patent disputes often take on a larger significance, requiring courts to be the final arbiters of issues with far-reaching legal, social and economic implications. Countries are therefore exploring new ways of enhancing the judicial administration of patent disputes, particularly through the introduction or amendment of specialized rules and practices.
Despite this, few publications address the procedural aspects of patent case management from a judge’s perspective. An International Guide to Patent Case Management for Judges aims to fill this gap. This is a comprehensive, accessible and practical guide, organized around the different stages of patent litigation in ten patent-heavy jurisdictions, but with applicability around the world
We are grateful to our esteemed group of authors comprising renowned judges, practitioners and academics for their outstanding contributions. We would also like to thank the 360 judges from almost 90 countries and six regional courts who participated in the 2021 WIPO Intellectual Property Judges Forum, under the special theme of judicial patent case management and which greatly informed the evolution of this Guide.
In particular, Judge Jeremy Fogel, Executive Director of the Berkeley Judicial Institute and Professor Peter Menell at Berkeley Law, have been formidable partners in conceiving and steering this document to publication. Their expertise and insight into judicial education and research have ensured that this is a meaningful and functional resource for judges worldwide.
WIPO’s vision is for a balanced and effective approach to intellectual property that works for everyone, everywhere. This requires that the judicial structures around IP respond effectively to the needs of each Member State while, at the same time, working harmoniously across territorial boundaries to engage with the demands of an interconnected and increasingly digital world. We hope that the Guide will promote greater knowledge, as well as the cross-pollination of judicial approaches and best practices as we work towards this important global goal.
Daren Tang
Director General
World Intellectual Property Organization