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 15: The proposed structure and function of the Unified Patent Court: lessons from the American judicial experience

The Honorable Kathleen M O’Malley and The Honorable Barbara M G Lynn

Abstract

The European Union’s first centralized patent court, the Unified Patent Court (UPC), is currently awaiting ratification. This chapter provides some brief insights on the structure of patent litigation in the United States in the hope that the US experience might inform development of the UPC.

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