Hong Kong, Chine

États-Unis d'Amérique

Moyens de faire respecter les DPI

Procédures et mesures correctives civiles et administratives

[Questions posed to several Members] 1. Is it correct to say that intellectual property infringement cases often end in the interim interlocutory stage? If yes, what seem to be the reasons? Is this desirable in the interest of justice?

The following table indicates the stages at which cases in US Federal courts involving copyrights, patents, and trademarks were terminated for the twelve months ending 30 June 1997. [Part of the response is in Table format] The data indicate that the vast majority of cases are resolved through settlement before action begins or during the discovery phase. Discovery provides each side with information allowing it to evaluate its position and the likelihood of success if it pursues action on the merits of the case. Resolution in this manner is desirable and, since it comes about as a result of decisions of the parties themselves, justice is served.