Document Type : Scientific
Authors
1
Master of Intellectual Property Law, Faculty of Law and Political Sciences, Allameh Tabatabai University, Tehran, Iran (corresponding author): m_mahdianmoghaddam@atu.ac.ir
2
Assistant Professor, Faculty of Law and Political Sciences, Allameh Tabatabai University, Tehran, Iran: badie.fathi@atu.ac.ir
Abstract
Despite the absence of any provisions in international legal instruments regarding judicial specialization in intellectual property (IP), the establishment of specialized judicial bodies for IP has witnessed significant growth over the past few decades, especially in developing countries. In other words, the creation of specialized IP courts is becoming a global phenomenon. But why do governments voluntarily adopt this approach without any legal obligation? This paper, through a documentary and library-based method, along with legal, economic, and functional analyses, seeks to explore the reasons and necessities for judicial specialization in intellectual property and to elucidate the various aspects of this approach. The findings from the research and available sources suggest that alignment with international developments and practices, the role of IP rights in promoting international trade, the significant position and valuable opportunity that IP rights provide for technological and domestic economic development, the technical complexities, the complex, broad, and ambiguous legal rules surrounding IP, and the outcomes of judicial specialization such as the efficiency and quality of IP dispute resolution are among the reasons for establishing such specialized bodies. Additionally, concerns over judicial specialization in major policy documents, as well as demands from society and experts for improving the process and mechanisms for resolving disputes in this field of law, further justify the creation of these specialized courts.
The research and sources reviewed indicate that several factors contribute to the establishment of these specialized courts. These include aligning with international developments and practices, the role of intellectual property rights in promoting international trade, the significant opportunities that IP rights provide for fostering technological growth and economic development within countries, and the technical complexities, as well as the extensive, intricate, and sometimes unclear legal rules governing IP. Moreover, the outcomes of judicial specialization, such as increased efficiency and improved quality of IP litigation, along with concerns over judicial specialization reflected in major policy documents and the demand from the public and experts for enhanced processes and dispute resolution mechanisms in this field, are also among the main reasons for creating these specialized judicial bodies.
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