WIPO publishes Guide to Patent Case Management for Judges

BusyBee - part Kat, part bee, all honey,
no sting 

With spring slowly awakening northern Europe, the AmeriKat's friend, BusyBee, is starting to emerge and with it he brings news of a new WIPO publication.  Last Friday, WIPO published An International Guide to Patent Case Management for Judges.  

The Guide, which is billed as "comprehensive and, at the same time, accessible" sets out the different stages of patent litigation in 10 patent jurisdictions including Australia (led by Justice (ret) Annabelle Bennett), Brazil (led by Judge Eduardo Azuma Nishi), China (led by Judge Du Weike and Judge He Juan), Germany (led by Justice Klaus Grabinski),  India (led by Justice Madan B. Lokur),  Japan (led by Chief Judge Ryuichi Shitara), Republic of Korea (led by Judge Kyuhong Lee),  UK (led by Lord Justice Colin Birss), US (led by Professor Peter S. Menell) and the Boards of Appeal of the EPO (led by Frédéric Bostedt and Nikolaus Obrovski).

The introduction states:

"As globalization leads to the homogenization of legal problems, it is hoped that this publication will serve as a source of inspiration and comparison for procedural innovation and improved solutions in patent case management, and contribute to coherence and mutual respect between distinct legal systems and judicial structures across different countries. At the same time, the approaches described in the Guide reveal that the unique characteristics of patent case management by courts have intimate connections with the normative, structural and socio-economic background of each jurisdiction, and any consideration for enhanced efficiencies in judicial case management must take into account the unique characteristics of that jurisdiction."

For each jurisdiction, there are several chapters which sets out the procedure and practice for managing patent cases, namely patent infringement cases., while also "integrating pertinent patent law doctrines". The topics covered include:  

• the role of patent offices in evaluating and determining patent validity
• the judicial structures responsible for resolving patent disputes
• early case management
• patent claim construction
• provisional measures
• discovery and gathering of information
• summary judgment
• evidence
• patent infringement trial
• remedies available in patent infringement proceedings.
• Vision for the IP judiciary

In addition to the full guide, available in PDF and in HTML, readers are able to create their own custom guide for any combination of jurisdictions and topics covered in the Guide, by clicking on the “Build custom guide” tab in the top banner or at this link. So for those comparative IP law and procedure nerds out there (shout out to AIPPI, of which this Kat is a proud member), this gives you the ability to compare two or more jurisdictions in one go.  

WIPO Director General, Darren Tang stated:

"WIPO’s vision is for a balanced and effective approach to intellectual property that works for everyone, everywhere.  This requires that the judicial structures around IP respond effectively to the needs of each Member State while, at the same time, working harmoniously across territorial boundaries to engage with the demands of an interconnected and increasingly digital world.  We hope that the guide will promote greater knowledge, as well as the cross-pollination of judicial approaches and best practices as we work towards this important global goal."

Executive Director of the Berkley Judicial Institute and Former Judge and Director of the Federal Judicial Center  - Jeremy Fogel - stated: 

"The overarching goals of the guide are to enhance understanding of international patent protection, share best practices for improving patent case management, and promote international comity."

"International comity in patent cases.  Well, there is another topic for WIPO to sink its teeth into", mews Merpel.