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.
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