Faculty member of Islamic Azad University of Shahrekord
Abstract
Although neither the WIPO nor the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) requires specialized IP courts, some States have created specialized IP courts as the most appropriate way to implement their duties under international IP instruments. The specialized IP courts have privileges such as better understanding of IP issues by judges, establishment of rules and procedures that are unique to IP issues in nature, i.e. appoint associate judges or assessors to assist and provide technical knowledge, reduced risk of judicial errors, which contributes to the effectiveness of the administration of justice. Of course they have defects also. To help more efficient and effective enforcement of IP rights by specialized IP courts, there are basic questions which must be answered before setting up any specialized IP court. For example, do problems in the
officials also benefit from aforementioned immunities while performing the tasks within the sphere of their discretions and authority. Notwithstanding the above, no ranking official may invoke such immunities to evade persecution for acts which amount to serious breach of international law such as genocide, war crimes, and crimes against humanity.
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