Current IP courts are easily affected by influences
Jacques de Warra, 2016 – Professor of Contract Law and Intellectual Property Law at the University of Geneva; “Specialized Intellectual Property Courts – Issues and Challenges”; https://www.ceipi.edu/websites/ceipi/Documents/Publications_CEIPI___ICTSD/CEIPI_ICTSD_N__2.pdf
Another risk is that a specialised court may be more easily subject to political or economic influences.64 This is due to the fact that generalist courts are often considered to be more independent than specialised courts.65 This risk can materialize ex ante, that is, in the process of appointing judges to the specialised courts.66 The risk can also materialise subsequently because of the closer interaction between counsel and judges before a specialised court.67 Such interaction may be problematic and detrimental to the court’s legitimacy,68 as it generates a risk that the courts will become ‘captured’ by special interest groups to the detriment of broader societal interests.69 The capture may materialise itself in a (perceived) loss of independence and bias towards certain frequent players and stakeholders. From this perspective, it is suggested that generalist courts can provide the ‘antidote’ to this risk.70