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 16: The best practice for patent judiciary: lessons from another experiment on specialized adjudication for patent cases in Japan

Toshiko Takenaka

Abstract

This chapter discusses judicial systems for adjudicating patent cases in the U.S. and Japan and compares two patent specialized courts, the U.S. Court of Appeals for the Federal Circuit (CAFC) and the IP High Court of Japan. It examines CAFC’s contribution to U.S. industry and international patent harmonization. The chapter further reviews CAFC’s influence on the IP High Court’s institutional design and case law. It analyzes U.S. commentators’ critiques on CAFC and concludes with a proposal for the best practice in adjudicating patent disputes in the Unified Patent Court system in light of the U.S. and Japanese experiences.

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