Project title: IP and Judicial Design in the EU – What court system is the best for balancing pluralistic interests in IP and optimal environment for innovation within the EU legal framework?
Researcher: Tamar Khuchua
Tamar Khuchua obtained a Master of Laws degree within the European Business Law programme from Lund University in Sweden and has been awarded a Swedish Institute scholarship. She holds a Bachelor of Laws degree from Tbilisi State University in Georgia. Tamar’s main research interest has been the intersection of human rights and business law with the focus on European IP and competition law. As a student, Tamar has participated in various international conferences in Georgia and Sweden and has won numerous prizes for her successful performances. Apart from her native Georgian language, Tamar speaks five foreign languages (English, Russian, Swedish, Armenian and a little French).
‘Different ‘Rules of the Game’ – Impact of National Court Systems on Patent Litigation in the EU and the Need for New Perspectives’, Journal of Intellectual Property, Information Technology and E-Commerce Law (2019)
‘Corporate Human Rights Protection in EU Competition Law Enforcement – The Standard of Protection of Companies’ Rights in the Light of ECHR‘, 2016, https://lup.lub.lu.se/student-papers/search/publication/8894473
‘Peer Mediation in Education’, Alternative Dispute Resolution Yearbook, Iv. Javakhishvili Tbilisi State University, 2013 (184-193), http://www.ncadr.tsu.ge/eng/4/resources/publications
Host Institution: Université de Strasbourg; Degree Partner: Queen Mary University of London
The rapid changes in the sphere of technology have caused an increase of the complexity of issues often involved in IP related cases. This in turn has led to a situation where the requirements for the courts’ quality, efficiency and cost-effectiveness are becoming ever stricter. The expectations from judges and courts in general are growing, which means that there is a constant need to develop the activities of the courts.
At the same time, considering the unique character of the European Union, specifically in terms of differences between the national court systems of the Member States, while also aiming at the harmonized application of IP rights, the enforcement process in IP field becomes rather dynamic. In such a dynamic process, ensuring high degree of legal certainty, compliance with the EU legal principles and scrutinizing rather specific technical matters is especially challenging, which is primarily the task of judiciary (courts and quasi-judicial bodies). As one of the solutions, establishment of specialised IP courts or chambers has been employed; however, there is debate whether this can be indeed more efficient IP enforcement mechanism.
The research will focus on how the courts/judges apply existing sources and observe if the specific characteristics of the court organization/design and the background of the judges play role in treating the similar situations divergently and how the system can be enhanced considering the existing challenges.
Identifying, in the light of EU law principles, what the effects of specialised or general judiciary can be on the IP adjudication in terms of time, costs and quality of decisions as well as to see overall picture regarding litigants’ incentives to file lawsuits for enforcing their IP rights and pursue innovative activity.