Chapter 5: Judicial coherence in the US and Japanese patent systems
Restricted access

In Chapter 5 the challenges related to judicial coherence that occurred after the establishment of specialised and centralised courts in the US and in Japan are analysed in order to identify similar dynamics that could take place in Europe with the establishment of a specialised patent court and propose mechanisms to enhance judicial coherence. The US Court of Appeal for the Federal Circuit (CAFC) was created in the 1980s and represents one of the first examples of a specialised court with jurisdiction on patent litigation. The Japanese IP Court was modelled after the CAFC. Its establishment in the early 2000s constitutes an example for the creation of IP courts in other Asian systems. Although the institutional design of these courts is quite different from the UPC, similar risks in terms of coherence have taken place or may occur in the future.

You are not authenticated to view the full text of this chapter or article.

Access options

Get access to the full article by using one of the access options below.

Other access options

Redeem Token

Institutional Login

Log in with Open Athens, Shibboleth, or your institutional credentials

Login via Institutional Access

Personal login

Log in with your Elgar Online account

Login with you Elgar account