Geiger, Christophe; Allen Nard, Craig; Seuba, Xavier --- "Introduction" [2018] ELECD 905; in Geiger, Christophe; Nard, A. Craig; Seuba, Xavier (eds), "Intellectual Property and the Judiciary" (Edward Elgar Publishing, 2018) 1

Book Title: Intellectual Property and the Judiciary

Editor(s): Geiger, Christophe; Nard, A. Craig; Seuba, Xavier

Publisher: Edward Elgar Publishing

ISBN: 9781788113076

Section Title: Introduction

Author(s): Geiger, Christophe; Allen Nard, Craig; Seuba, Xavier

Number of pages: 6

Extract:

Introduction Christophe Geiger, Craig Allen Nard and Xavier Seuba Intellectual property adjudication is at the heart of contemporary efforts for the development and modernisation of intellectual property regimes at the national, regional and international level. There are numerous signs of maturity of intellectual property enforcement, many of them involving the judiciary. Signs of progress include both judicial specialisation and the blooming of international intellectual property dispute settlement bodies. They include advances as well that go beyond institutional aspects.1 Think for instance about the development of particularly crafted procedural rules to settle intellectual property disputes, or the cases of the specialisation developed over time with respect to evidence and measures for the preservation of evidence, the criteria specifically developed for the award of damages with respect to intellectual property disputes or, still, the adjustment of the conditions for the granting of injunctions when they impact intellectual property rights. Naturally, there is no expansion without tension and no progress without challenges. This is precisely the reason why scholars, legal experts and practitioners feel excited about legal change and normative development. One tends to forget, however, that legal change also impacts those who have the last say over intellectual property disputes or, rephrasing Judge Robert H. Jackson, those who are not final because they are infallible, but are infallible only because they are final.2 1 On the institutional environment for enforcement at international level, see `Rethinking International Intellectual Property Law: What Institutional Environment for the Development and Enforcement of IP Law?', ...