IP Case Law

Statutory Law is the law which is made by the legislature. The Law made so through legislation remains in the territory as basic law to be followed and complied with by the courts of that territory while deciding any case relevant to that law. Courts of a country are bound to decide the matters in accordance with the Statutory Laws of  the country.

Contrary to Statutory Law the case law is the interpretation and application of a Statutory Law by the courts of law while deciding a case under the Statutory Law. The courts of Law has also a legal status of interpreter of  law of the jurisdiction. This interpretation while deciding a case is called judicial interpretation.

The courts of law begins in each country with a lower level of start and then hierarchy of courts goes up to higher and appellate courts and then Supreme Court. In almost all the countries of the world the Supreme Court is the final authority to give verdict on a case and final authority to make judicial interpretation.

The cases decided by the courts of law and the enunciation and interpretation of law thereunder is called Case Law. In the judicial system of almost all the countries of the world the doctrine of Stare Decisis is followed for the case laws. Stare Decisis is Latin for “to stand by things decided” and it may also be called as doctrine of precedent. It has two meanings. First the Supreme Court usually adheres to its own already decided cases and secondly the decision of the supreme court is binding on all the courts below to the Supreme Court.

The most important case law of any country is considered as Supreme Court Case Law on the issues and matters the Supreme Court has decided however on the matters on which the decision of the Supreme Court is not a part of record the immediate below court’s decisions will be taken to be followed.

IP Case law pertains to Intellectual Property Case Law. IP Case Law includes decisions on Trademark, Patent, Design, Copyright and Trade Secrets.

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