If the intellectual property laws could be codified so that the result in intellectual property disputes is always certain – even though it might not be fair – would that be ok? Or would you prefer that the legislative guidelines remain broad and the fine details in each circumstance be worked out in context – in litigation? (As happens today?)
This was the delicate balance raised by the Honourable Paul Michel, Chief Circuit Judge of the United States Court of Appeals for the Federal Circuit in a recent interview on IP Colloquium.
From a business perspective – does it make more sense to save on legal fees and go for certainty? Or would you prefer to litigate in a less certain environment to increase your chances of a fair result?
Photo credit: Clearly Ambiguous