IP and the Role of the Judiciary

Moderator: Adv. Tal Band, President of AIPPI-Israel, Co-chair of the conference organizing committee

  • Justice Hanan Melcer, Israeli Supreme Court: Rights of Action and Civil remedies in IP
  • Justice (retired) Dr. Amiram Benyamini, District Court:  Judicial Activism and Judge-Made Law in IP
  • Adv. Asa Kling, Israel Commissioner of Patents and Trademarks: Perspectives of an IP tribunal
  • Justice A.K. Sikri, Judge, Supreme Court India: Role of courts in developing IP- Indian Perspective

Tuesday, March 22, 9:30 am - 11:00 am, Hall A

Dealing with IP cases often presents extra challenges to the judiciary. IP cases tend to be complicated and require more resources. This is particularly true in cases which involve technological aspects, such as patent and trade secret cases. Already in the 19th century, Lord Esher, M.R. wrote that: “ … a man had better have his patent infringed or have anything happen to him in this world, short of losing all his family by influenza, than have a dispute about a patent”. Has that perception changed? Are judges better equipped these days to tackle the challenges of the 21st century, when it comes to deciding issues that involve law and technology?
Various legal systems offer diverse approaches and their experience should be carefully considered. In Israel, IP disputes are tried by different tribunals and no one tribunal is vested with developing the expertise, knowledge and body of law on IP, necessary to provide both efficient and sound service to the litigants, as well as guidance to the business and legal communities. How can this be rectified?
These and other questions on the role of the judiciary in trying IP cases will be discussed in this session, by experienced judges from various steps of the ladder in the judicial system and from different points of view.