No-one likes going to court. But in many jurisdictions, those who find themselves forced into litigation can take some comfort from an increasingly sophisticated judiciary and more efficient court procedures. The burgeoning movement towards specialisation has seen the creation of dedicated judicial forums to ensure that complicated disputes are decided by experts in the relevant field. The result: high-quality decisions, swift resolution of cases, and a growing tendency for early settlement, to the benefit of litigants and the court system alike.
Nowhere is the blossoming trend for judicial specialisation more prevalent than in the sphere of intellectual property (IP). Increasingly, dedicated IP courts are springing up around the globe to facilitate the swift resolution of these often-complex cases. Trevisan & Cuonzo’s Julia Holden reports that Italy is one of the latest countries to establish a separate judicial division to hear IP disputes, with 12 specialised chambers recently set up in major cities such as Rome, Milan, Genoa and Turin. The chambers have exclusive jurisdiction over all new IP cases, including domain name disputes. Each chamber has at least six judges, with cases being decided by a three-judge panel. There was some initial confusion as to whether judges could continue to handle other cases in addition to their IP caseload, but the Supreme Magistrates Committee has since recommended that they devote themselves exclusively to IP work only if the court sees a significant number of such disputes.
