Intellectual Property and the Judiciary
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Intellectual Property and the Judiciary

Edited by Christophe Geiger, Craig A. Nard and Xavier Seuba

Intellectual Property and the Judiciary explores the role of the judiciary in the elaboration and interpretation of intellectual property law, exploring how IP doctrine and policy are developed and the manner in which judges construct and apply norms in different court systems. The authors engage in a comparative exploration of various national, European and international judiciaries and appraise the competing and complementary roles of governing bodies. The book offers an examination of both common law and civil law traditions in the context of judicial treatment of intellectual property.
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Chapter 7: Decision-making in the Unified Patent Court: ensuring a balanced approach

Clement Salung Petersen and Jens Schovsbo

Abstract

The Unified Patent Court (UPC) will be a new court system common to the European Union Member States that adopt the unitary patent package. Because of the biases embodied in the UPC institutional setup, there is a risk that non-technical values and interests will be either overlooked or underdeveloped in UPC decision-making. In this chapter, we will analyse how these blind spots can be covered in patent litigation. We will focus on the role of the UPC judges and third parties in establishing a basis for UPC decision-making, and recommend how to interpret the existing rules and principles.

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