Promoting transnational dialogue among judiciaries
The annual WIPO Intellectual Property Judges Forum aims to provide a platform for judges from across the globe to exchange their expertise on the most pressing intellectual property (IP) challenges raised by accelerating innovation and the increasingly transnational use of IP.
The WIPO Intellectual Property Judges Forum is an annual event organized by the WIPO Judicial Institute as part of the Organization’s work with the judiciaries. In 2023, the Forum brought together over 360 judges from 101 countries and four regional courts, to engage with their global peers.
The 2024 WIPO Intellectual Property Judges Forum will be held on October 9 and 10, 2024. This page will continue to be updated with further details on the program, the speakers and information for participants.
Rapidly evolving technologies, including artificial intelligence (AI) and the metaverse, raise questions that go to the very heart of IP law, including who should be considered an inventor or creator, and how we should balance the interests of those building and training AI systems with those who created the work from which AI models learn. In the area of copyright, for instance, substantive questions are emerging from the use of generative AI systems, both in terms of the input used by AI and the output it produces. Panelists in this session will explore the role of courts in resolving IP disputes arising from the explosive growth of digital technologies, sharing their own experiences of adjudicating cases involving frontier technologies.
Can law keep up with technology? What is the role of the courts?
Generative artificial intelligence (AI) and training data containing copyright-protected works: IP infringing or fair use?
Unauthorized use of copyright and trademarks in the metaverse
Coffee Break (10.45 – 11.15)
Session 2: Standard Essential Patents (11.15 – 12.30)
Litigation surrounding SEPs has gradually increased over time and expanded into new jurisdictions. Beyond applying traditional IP concepts, courts now grapple with the appropriate application of contract and competition law in these complex cases which also include questions of patent validity, patent infringement, and fair, reasonable, and non-discriminatory (FRAND) defenses. This panel will discuss these concepts as the speakers provide insight into their experiences with SEP cases. There will also be a discussion on how to determine appropriate FRAND rates, how to determine appropriate jurisdiction and remedies, and how to deal with confidentiality.
Jurisdiction and remedies, with special regard to injunctions
Dealing with confidentiality
Lunch Break (12.30 – 14.00)
WIPO’s work with Judiciaries (14.00 – 14.30)
Session 3: Confidential Information and Trade Secrets (14.30 – 15.45)
The unique characteristics of trade secrets give rise to unique challenges in disputes involving confidential information that can also qualify as trade secrets. In addition to issues of evidence, confidentiality in court proceedings, civil versus criminal enforcement, and defenses against allegations of trade secret misappropriation, the increasing digitalization of the economy requires courts to resolve issues of confidentiality and management of trade secrets in the context of the online environment. This panel will address the experiences of various jurisdictions in adjudicating cases of confidential information and trade secrets, as informed by recent judgments from each jurisdiction.
Evidentiary issues, including proof for sound trade secret management
Confidentiality in court proceedings
Criminal v civil enforcement
Defense against allegation of trade secret misappropriation
Confidential information and trade secrets in the online environment
Coffee Break (15.45 – 16.15)
Session 4: Strength of Trademarks: Weak Elements and their Enforcement (16.15 – 17.30)
Trademarks grant their holders exclusive rights to regulate specific uses of signs in the marketplace, with the foundational role of identifying the origin of products or services and guaranteeing their quality. Trademarks with a low degree of distinctiveness may result in disputes that require a more nuanced analysis on the scope of protection and likelihood of confusion. This panel will explore cases and experiences from various jurisdictions addressing the complexities associated with the enforcement of trademarks with weak distinctive character.
The centrality of distinctiveness as the defining feature of a trademark and the capacity of suggestive or descriptive trademarks to identify the commercial origin of goods or services
Impact of the low degree of distinctiveness on the assessment of the likelihood of confusion
Enhancing the degree of distinctiveness through use
Evaluating the behavior of the trademark owner towards potential conflicting signs
Role of evidence in disputes involving trademarks with weak distinctive character
Group photo to be followed by reception (17.30)
Day two – October 10, 2024
Session 5: Copyright Exceptions and Limitations (9.00 – 10.30)
The copyright system permits certain flexibilities regarding granted rights, enabling the use of protected works without the rightsholder's consent and with or without the requirement for compensation. These limitations and exceptions vary from country to country for diverse beneficiaries and uses. Additionally, with the development of new technologies, the question of how these flexibilities apply in the online environment is increasingly relevant. In this session, the panelists will discuss the challenges of applying these to real-life situations and will provide insights on recent cases decided in their jurisdictions.
Assessment of factors to determine fair use
Digital libraries
Coffee Break (10.30 – 11.00)
Session 6: Evolving Approaches to Permanent Injunctions (11.00 – 12.00)
Permanent injunctions are coercive remedies commonly sought in IP disputes to halt infringing acts and safeguard the rights of IP holders. This session will delve into the dynamic landscape surrounding permanent injunctions, shedding light on the evolving approaches shaping their application.
Scope, conditions and content of permanent injunction orders
Defenses against injunctive relief
Limiting factors, such as competing interests, proportionality concerns and the exercise of judicial discretion
Grant of conditional injunctions
Legal burden and judicial standards
Special Guest Speaker (12.00 - 12.30)
Lunch Break (12.30 – 14.00)
Session 7: Judicial Reform: Exploring the Case of Specialized Judiciaries (14.00 – 15.30)
There are growing efforts to reform judicial structures to meet the challenges of contemporary IP litigation. These include the establishment of stand-alone IP courts or specialized IP chambers, the designation of IP judges within courts, and the introduction of specific IP procedural rules. In this session, judges from diverse jurisdictions will offer insights into the specialized features introduced in the adjudication of IP disputes. They will introduce the scope, type, and volume of cases handled by their courts, and delve into the respective IP procedural frameworks including case management strategies and rules of evidence. The discussion will highlight the benefits and challenges associated with adjudicating in a specialized IP court.
Specialized rules of procedure for IP disputes
Specialized judiciaries with regional jurisdictions
Judicial reform to enhance the efficiency of IP adjudication
As the world becomes increasingly globalized and interconnected, the implications of national IP proceedings are likely to transcend national borders. Various challenges may accompany cross-border proceedings, including difficulties in obtaining evidence held outside the local territory, or in finding infringement when the infringing act is partially undertaken outside the local territory. Further questions arise when remedies have impact in jurisdictions beyond the local territory. In this session, geographically diverse panelists will present insights gained and lessons learned from adjudicating IP disputes with cross-border elements, making reference to recent cases and examining whether decisions rendered in one jurisdiction influence decisions in other jurisdictions.
Obtaining evidence held outside the local territory
Finding infringement when (part of) the infringing act is undertaken outside the local territory
Damages for extraterritorial losses
Remedies that have impact outside the local territory
Do decisions rendered in one jurisdiction influence decisions in other jurisdictions?
Closing (17.15 – 17.30)
Day three – October 11, 2024
Social Program (Optional)
09.30 – 12.00: World Trade Organization (WTO) guided tour
