scholarly journals Specialised IP Judiciary: What Are the Key Elements to Consider when Establishing or Reforming an Effective IP Court?

2021 ◽  
Author(s):  
Olga Gurgula ◽  
Maciej Padamczyk ◽  
Noam Shemtov

Abstract Intellectual property (‘IP’) is one of the key instruments for fostering innovation and promoting the growth of national economies. Given both the economic significance and the legal complexities associated with IP rights due to constant technological development, the benefits of having a specialised IP judiciary are being increasingly recognised across the globe. Many countries have either established or have been considering the introduction of various forms of such a specialised judiciary. This paper examines this trend and explores some key considerations in relation to the efficacy of an IP judiciary. It draws on some of the findings of a recently completed project funded by the UK government on the creation and functioning of a new IP court in Ukraine. While there is no ‘one-size-fits-all’ model when creating a specialised IP judiciary, the discussion in this article sheds light on a number of key factors that should be taken into account and carefully assessed when establishing or reforming such a judiciary. This includes specific considerations related to the structure of an IP judiciary, its location, the specialisation of IP judges, exclusive jurisdiction and other procedural issues. We believe that the guidance provided in this article will assist policymakers in their choices regarding the most suitable design of an IP judiciary for a particular jurisdiction, leading to the enhancement of its operation for the benefit of all the stakeholders in the IP enforcement system.

Author(s):  
Ellen Hazelkorn

In 2015, the Welsh government commissioned a review of its postcompulsory education system. Recommendations included the creation of a single regulatory, oversight, and coordinating authority bringing together further, higher, and adult learning. By its swift endorsement of the report’s principles and recommendations, the Welsh government conspicuously diverged from the market–demand drivenapproach adopted by the UK government for England.


Author(s):  
Neil Parpworth

This chapter discusses the structure and devolution of the UK. It first sketches the constitutional history of the UK, presenting a brief outline of events that led to the creation of the UK, i.e. the union of England, Wales, Scotland, and Northern Ireland. The chapter then examines the issue of devolution, which has been particularly important to the people of Scotland and Wales. The key provisions of the devolution legislation enacted in 1998 and more recent legislative developments are reviewed. The chapter concludes by considering the ‘English Question’ and the agreements between the UK Government and the devolved administrations in Scotland, Wales, and Northern Ireland.


2010 ◽  
Vol 07 (03) ◽  
pp. 263-272 ◽  
Author(s):  
LORENZ KAISER

The following discussion tries to identify the key factors and mechanisms for the management of IP in research and development (R&D). Considering some experiences gathered from different players in R&D, particularly institutes of the Fraunhofer Gesellschaft, a significant correlating starting point can be detected for the various R&D cooperation and schemes: By relying on a solid IP basis, R&D players can choose the most appropriate R&D cooperation and commercialization schemes to deal with meet their individual situations. The way of choosing a course is a matter of using the most individual IP management methods, a matter of puzzling, promising technologies with appropriate partnerships — at the right time. Diverse as these methods of choice are, there are nevertheless some basic considerations for IP management which may help to meet the challenges of the complex and demanding puzzling task. Most important seem to be continuous and diligent care for own IP, the creation and fostering of sustainable and enduring R&D networks, and the assessment of marketing chances. As practice shows, balanced and flexible cooperation between the research community and industry often proves to be the key to joint progress and, in the end, to successful innovation.


2018 ◽  
pp. 22-24
Author(s):  
Ellen Hazelkorn

In 2015, the Welsh government commissioned a review of its postcompulsory education system. Recommendations included the creation of a single regulatory, oversight, and coordinating authority bringing together further, higher, and adult learning. By its swift endorsement of the report’s principles and recommendations, the Welsh government conspicuously diverged from the market–demand drivenapproach adopted by the UK government for England.


2020 ◽  
Vol 44 (1) ◽  
pp. 66-86
Author(s):  
Merryn Davies-Deacon

Abstract After over twenty years of debate over Cornish orthographies, recognition by the UK government according to the European Charter for Regional or Minority Languages in 2003 led to the creation of what was initially intended as a “single written form” for use in official contexts. However, the inevitable impossibility of finding a compromise that pleased opposing groups of speakers with differing ideologies meant that the eventual Standard Written Form (SWF) was pluricentric, comprising two “main forms”. While these were initially stated to be of equal status, this has been hard to maintain since the SWF’s implementation: with more speakers using Middle Cornish forms, the Late Cornish forms are less visible and commonly believed to be subsidiary. Drawing on such perceptions, along with learning materials and other resources, this paper examines the status of the SWF today and offers some reflections on this unsuccessful attempt at pluricentricity in a minoritised language.


2006 ◽  
Vol 12 (3) ◽  
Author(s):  
Bruce Savage

University spin-out companies are increasing seen as a favoured route for commercialisation of university intellectual property. There has been criticism in the Lambert Review of Business–University Collaboration in 2003, commissioned by the UK Government in 2003, that there have been too many spin-outs of low quality and that a measure of quality is the amount of external equity they attract. This has been refuted by Dr Williams of the University of Warwick technology transfer office. Oxford University has created 42 companies with no failures. The rigorous process involved in the creation of an Oxford spin-out is given in some detail. The author then goes on to discuss his experiences of other university spin-out models. Finally, some of the tax problems that caused universities across the UK to stop spinning-out companies recently are discussed. In conclusion despite the criticisms, the author believes the process of creating companies to commercialise university R & D is critical to the overall success of UK plc in the long term.


2018 ◽  
pp. 125-141 ◽  
Author(s):  
S. M. Drobyshevsky ◽  
P. V. Trunin ◽  
A. V. Bozhechkova

The paper studies the factors of secular stagnation. Key factors of long-term slowdown in economic growth include the slowdown of technological development, aging population, human capital accumulation limits, high public debt, creative destruction process violation etc. The authors analyze key theoretical aspects of long-term stagnation and study the impact of these factors on Japanies economy. The authors conclude that most of the factors have significant influence on the Japanese economy for recent decades, but they cannot explain all dynamics. For Russia, on the contrary, we do not see any grounds for considering the decline in the economy since 2013 as an episode of secular stagnation.


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