IP courts can serve as an example, ICC says

Countries that have specialised intellectual property courts increase the effectiveness and quality of litigation and enforcement and can serve as an example to others, a report by the International Chamber of Commerce (ICC) has said.

The report, called "Adjudicating intellectual property disputes", is based on the experiences of IP litigation experts in 24 countries. Of those 24 countries, 19 have been designated as specialised IP jurisdictions (SIPJs).

SIPJs are defined in the report as countries with a tribunal, court, or permanent division that has exclusive authority to hear IP-related disputes or a particular kind of IP dispute.

The report, released on April 28, reviews aspects of SIPJs including the structure and competence of courts and their rules and representation.

According to the report, SIPJs are considered by practitioners and litigants to increase effectiveness of IP rights enforcement, as well as judicial expertise and proper trial mechanisms.

Belgium, China, England, France, India and Japan were all cited as examples of effective SIPJs.

Daphne Yong-d'Hervé, chief IP officer at the ICC, said: “The increasing use of the IP system means that the number of disputes related to IP is set to grow. Both users and holders of IP rights need well-functioning and efficient mechanisms to resolve these disputes.

“The establishment of SIPJs by many countries is a positive trend which can help improve the efficiency and quality of the adjudication of IP cases,” she added.