GLOBAL CONGRESS ON COMBATING COUNTERFEITING AND PIRACY MEXICO 2009 JUSTICE LOUIS HARMS THE ROLE AND READINESS OF THE JUDICIARY IN DEALING WITH COUNTERFEITING.

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Presentation transcript:

GLOBAL CONGRESS ON COMBATING COUNTERFEITING AND PIRACY MEXICO 2009 JUSTICE LOUIS HARMS THE ROLE AND READINESS OF THE JUDICIARY IN DEALING WITH COUNTERFEITING AND PIRACY

The issue The principal novel feature of the Trips agreement was the enforcement mechanism to stem trade in counterfeit and pirated goods but subsequent statistics suggest that this objective has been a signal failure – Prof Blakeney (2009). To what extent has the judiciary contributed? What are the causes? What is the cure?

Role of judiciary in IP enforcement WIPO: responses [from member states] were clear that the judiciary should be fully aware of the seriousness of IP crimes and how to deal with offenders, and also with the infringing goods and implements used in manufacturing.

The donkey and the carrot IP litigation presents a significant direct link between judicial system performance and economic development. A donkey will not chase after a carrot on a stick unless he is allowed to catch it once in a while. And innovators will not invest unless they believe that the IP promise is real.

Judiciary is at the end of the food chain The judiciary is dependent on Laws and procedures that are at least TRIPS compliant. Law enforcement agencies. Prosecutorial services. Proper court services. Rights holders.

SYSTEMIC PROBLEMS 06/02/ Cultural attitudes Ambivalent attitude towards IP General levels of criminality Judicial priorities Over-burdened courts Qualification of the judiciary Lack of judicial education

THE RESULT Delay. Delay. Delay. Poor discretionary decisions Bad judgments Inappropriate sentences Lack of confidence in judiciary