Published February 1, 2024

New York, New York—January 31, 2024—The International Trademark Association (INTA) has released the IP Judiciary of the Future Think Tank Video Series. The series features a select panel of judges from jurisdictions around the world. Their wide-ranging conversations, recorded in 25 video segments, cover today’s most pressing intellectual property (IP) issues and their impact on the judiciary. INTA facilitated these conversations and presents the video series on their behalf.  

INTA engages with all stakeholders in the IP ecosystem, including the judiciary, which plays a pivotal role in the protection and enforcement of IP rights. The participating judges offer boots-on-the-ground feedback about what they see on their daily dockets, explain how IP law is developed through their decisions, and illustrate how creative judicial thinking guides the direction IP will take in the future.  

Throughout the series, the judges offer unique perspectives on how courts in different jurisdictions define, address, and resolve disputes. They also tell the stories of key cases, discuss specific principles of trade and commerce, and offer observations that suggest paths forward at a time when technological advancements far outpace legislative action. 

Given the Think Tank’s focus on the future, many of the episodes cover new and emerging technologies. Accelerated by the COVID-19 pandemic, e-commerce has both increased and become more sophisticated in ways that test the limits of established laws. The ease of online purchasing and the borderless reach of e-commerce offer enormous opportunities but are counterbalanced by violations perpetrated by largely unidentifiable entities located in places that elude efficient enforcement action. In the series, judges comment on the extent to which laws and regulations can offer a path to enforcement, with the ultimate goal of protecting consumers.  

In discussions around artificial intelligence (AI), non-fungible tokens (NFTs), blockchain, and the metaverse, among other technologies, the Think Tank considers these technologies’ impact on IP rights and the questions they raise around intermediary liability. They also cover the harmonization of IP rights and prosecuting cross-border violations, both longstanding issues that grow more significant with the growing complexity of IP rights and the blurring of geographical boundaries introduced by new technologies. 

“I was inspired to participate in such highly refined discussions with judges I’ve worked with for many years and for whom I have so much respect. It was both a delight and my honor to have the opportunity to bounce speculative ideas around during these panels, sharing our different perspectives and visions for the future,” remarked INTA Director Brand Enforcement and Sustainability, Iris Gunther (USA), who moderated the Think Tank discussions and provided the introductory video.  

While the judges reflect a wide range of experiences and perspectives, they convey consensus when it comes to the need for an international agreement on a set of minimum standards in the treatment of basic IP rights which will help counter increasingly sophisticated borderless violations.  

“The extent to which laws and regulations lag far behind the technological advancements that fuel infractions puts the onus on judicial decisions to be a source of creative solutions,” said INTA CEO Etienne Sanz de Acedo.” This series offers a unique opportunity for judges to speak directly about key issues and cases, bringing them to life in tangible and relatable ways. Thank you to the participating judges for their time.” 

The judges include Justice Luis Diez Canseco Núñez (Court of Justice of the Andean Community (Tribunal de Justicia de la Comunidad Andina), Peru); Judge Paolo Catallozzi (Supreme Court of Italy and Qualified Judge at the Unified Patent Court, Italy); Justice Kwangnam Kim (Suwon District Court, South Korea); Justice Michael Manson (Federal Court of Canada, Canada); Judge Marcia Nunes de Barros (Justiça Federal (Federal Court Rio de Janeiro), Brazil); Elisabeth Ohm (former Justice Norwegian Board of Appeal for Industrial Property Rights, now partner, Acapo AS, Norway); Justice Manmohan Singh (Delhi High Court, India); Justice Dedar Singh Gill (Supreme Court of Singapore, Singapore); and Referendaire Andrej Stec (General Court of EU, Luxembourg).  

Watch the IP Judiciary of the Future Think Tank Video Series.  

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