IP specialized judges from all over the world gathers at the Patent Court of Korea

-2016 International IP Court Conference: Court, IP and Future-

¡Ü  The Patent Court will host the 2nd International IP Court Conference on September 7, 2016. This Conference provides a unique venue for meeting between the IP specialized judges from all over the world. The heads of IP Courts of the IP5 countries and other IP specialized judges will be in attendance including,

① Ron CLARK, Chief Judge of the United States District Court for the Eastern District of Texas, which is the Centrum for patent cases that deals with 43% of the patent cases filed in the United States,

② Judge Rodney GILSTRAP of the United States District Court for the Eastern District of Texas who manages one third of all of the United States patent cases,

③ Judge Hermann DEICHFUSS of the Federal Court of Justice (BGH) of Germany where over 80% of the patent litigations from European countries are filed,

④ Judge Colin BIRSS of the High Court of England and Wales, which is the major court in Europe along with German court,

⑤ Judge Makiko TAKABE of the Intellectual Property High Court of Japan,

⑥ Judge Jing LIU, Judge of the Shanghai Intellectual Property Court of China,

⑦ Judge Fuyu YANG of the Shanghai Intellectual Property Court of China,

⑧ Alexander RAMSAY, the Chairman of the Preparatory Committee of the Unified Patent Court

¡Ü [The Future of IP Courts as International Chamber and Interregional Court]

Recently, patent disputes over identical patents or products simultaneously occur in multiple countries due to global market interconnection and cooperative systems such as the Patent Cooperation Treaty (PCT). This trend toward globalization of patent disputes has brought up new challenges for IP courts around the world.

In order to address such issues, discussions will take place on the topics of: (1) an international trial chamber where English will be used; and (2) interregional courts among countries having the economic and business connections.

¡Ü [Establish the Foundation to become IP Hub Court for IP Dispute Resolution in Asia]

The Patent Court will promote its recent, innovative changes in patent litigation such as the concentrated jurisdiction over patent cases and the establishment of Patent Case Management Guidelines. Conference discussions on the recent patent litigation issues of the globe will lead to taking the initiative to create a model to settle IP disputes in Asia. This will also pave the way for the Patent Court to become the center for IP dispute resolution (IP Hub Court) in Asia.

¡Ü [Discussion of Each Court's Practices regarding Evidence Inspection and Calculation of Damages]

Important issues in patent infringement cases will be discussed in the Conference, such as evidence examination and damage estimation. It will provide an opportunity to consider establishing a global standard for damages on the patent infringements and finding ways to improve the litigations practices in Korea. The Patent Court of Korea established "Case Management Guidelines” based on the discussions in the previous Conference.

¡Ü [Plan and Vision of the UPC]

The Patent Court will invite the head of the preparation committee for United Patent Court (UPC), which is currently facing uncertainties triggered by Brexit before its delayed grand opening, and will have a chance to hear what the UPC’s plan is and the potential impact that UPC will have over the European patent disputes. Informative discussions on the European UPC will inspire the discussion for establishing a Unified Patent Court in Asia.

¡Ü [Alternative Dispute Resolution for International IP disputes]

Product and IP markets have become globalized to a significant extent. In this globalized environment, disputes arise simultaneously around the world, and as a result, these duplicated disputes impose a huge burden to global players and local businesses.

Alternative Dispute Resolution (ADR), such as mediation or arbitration, plays an important role as a system to replace litigation.

We have invited renowned speakers including: Chief Judge Ron CLARK of United States District Court for the Eastern District of Texas, where about 80% of the patent cases are resolved through mediation; Ms. Joyce A. Tan who is a lawyer and an appointed mediator at WIPO Arbitration and Mediation Center and the author for the ADR Guidebook published by WIPO; and attorney Kevin Kim who is the Vice President of the International Court of Arbitration, a Governing Board Member of the ICCA to discuss the issues on the implementation of ADRs in international IP disputes.

¡Ü [The Patent Court of Korea is Ready for International Chamber]

The Patent Court of Korea successfully hosted the first International IP Court Conference in 2015, which was appreciated and praised as an informative forum for sharing of the practices and the in-depth discussions on of the major issues in patent litigation. The Court plans to expand and build onto the last year's discussion throughout five sessions with various topics in this year’s Conference. Fourteen Korean Judges will make presentations and lead discussions in English in each session.

¡Ü [Plan to Discuss Establishing "IP5 Chief Judges Meetings" and a Korean IP Forum on a Regular Basis]

The Patent Court plans to promote IP Chief Judges meetings among the leading IP counties including Korea, US, EU, China and Japan in the near future based on the consensus formed at the international IP Court Conference. The IP5 Chief Judges meetings are proposed to share their experience and vision on a regular basis.

¡Ü [Contribution to form a Groundwork to Establish an IP Hub Court]

The Patent Court of Korea aims to develop into an "IP Hub Court", a core center for the resolution of global IP disputes, by strengthening its expertise and enhancing its international reputation.

In order to achieve this goal, the establishment of international trial chambers and IP specialized judges are required. In that regard, this Conference and IP5 Chief Judge Meeting will be the foundations on which the IP Hub Court will materialize.

¡Ø Speakers’ name in alphabetical order by First name 

2016¡¡International IP Court Conference - International Speakers