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Written by : Malcolm Kiesow |
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well I've always been fascinated by the notion of a law which marks all the steps along the way for a person having an idea so that idea coming out into some sort of tangible form which might ends up as something which you can watch in the cinema a book which you could read piece of music which you can dance to or a medicine which you can take and this thought protects the invention the disclosure the manufacture and also the commercialization of it I don't think los struggles it doesn't keep up and every so often we feel but adults too and it makes the occasional large jump and then stops for a few years and then makes another jump but lore is always going to be well behind technological advances I don't think that's necessarily a bad thing it's more important to lots of be stable and predictable so you know what the law is then to have a law it's changes as quickly as you turn it mobile telephone I will all be sitting 3d printers I expect but I think most of things we're doing will be pretty much the same essentially there are three types of things that you can do with intellectual property rights you can get them and patent attorneys and trademarks and they spend a lot of time filing applications on behalf of their clients for a new invention a new trademark and then you can sue other people once you've got them you can say hey you are infringing my trademark you are infringing my copyright you are a villain and I'm going to get your money and your car and your house and your wife and everything else thirdly there are the people who don't get the rights and they don't sue on the rights they find ways of commercializing them for example if you've come up with a new concept for a shop they say here's a really nice high street shop but they could be run on every high streets let's write a manual for it which will enable somebody to read the manuals set up your shop with your trademark with your designs for your trimmings with your copywriting your menus and that's very much more constructive than suing people and they balls your internet you probably shared so those three things which you can do at the moment I think you're still be doing in five years ten years even 20 years time I think the one misconception that I would like to dispel is that it's there to benefit the rich it's better benefit every party and it's people create intellectual property the whole time almost without realizing it and it's there to enable ideas to be shared not to be hugged and not to be monopolized you
Thanks for your comment Esmeralda Capehart, have a nice day.
- Malcolm Kiesow, Staff Member
yes good morning everyone we'd like to thank you for joining us we are expecting the grand final to start prompty at 11 30. we will be slowly bringing in the teams and the judges we thank you for your patience until we're ready to start hi steven we are now streaming so please ensure your microphone is off and cameras off i'm going to send you whisk you immediately to the competitors green room even though they should be joining us shortly please accept the invite as soon as you see it thank you you you thank you for your patience we should be beginning shortly hi everyone welcome back we will shortly beginning today's move we are just welcoming back our today's competitors from the green room and once everyone has arrived we will then be welcoming our judges back and we should be shorting and we should be starting shortly so thank you very much for your patience right now okay it seems that our judges were more technically able than some of our competitors and have returned first which is a nice change of pace so what i'm going to do is i'm going to close all the breakout rooms which will bring everyone back to the main auditorium and then we'll begin we will then be able to start to help fill the silence i would just like to say that it was a great opportunity to work with everyone on this year's moot and it was very unfortunate that we were not able to hold one in 2020 due to the pandemic but we have managed to come together in a virtual environment and offer what i hope is a great opportunity for students to practice their virtual skills and opportunity for all the judges who helped out and were involved to have a fresh look at all the new faces that will be entering the legal industries over the next few years and it was a wonderful opportunity for me to interact with so many different students and participants from around the world and we were so impressed with everything that was done at this point in time i would like to hand over to our clerk for the session emily and she will lead us through the rest of today's proceedings thank you very much emily and all the judges and i would like to wish the competitors best of luck remember my final thoughts win win win dominate dominate dominic to both teams and have an excellent 2021 ip moot okay well welcome everyone to this grand final of the oxford ip motion 2021 and what i thought i'd do is just briefly summarize the key facts because some of you may not have been following the competition and it may be useful for you to understand what's been happening to make sense of the legal arguments you're about to hear so the moot is set in the fictitious common law country erawan the appellants are two members of the same corporate family hottenhoffer pharmaceuticals erawan and hotenhofer lilliput the respondent is the republic of erawan um hpe that's pharmaceuticals error one developed a drug called ribocraftos which is used in the treatment of cystic fibrosis the drug is sold under the name proseural hpe was granted a patent in relation to the drug and since november 2012 had regulatory approval to market the drug in erawan however the aeronian national health trust has not purchased pro zero citing the cost which is 99 000 erroneous per patient per year and attempts to negotiate with hpe um have failed hpe was also granted a number of trademarks for pro zero in april 2013 hp assigned its entire trademark portfolio including the pro zero marks to hl for um one erroneoun dollar on the same day hl entered into a license agreement with hpe in which hl licensed hp to use those marks in return for an annual licensing fee of 20 million dollars some years later an employee of hp became a whistleblower in relation to hp's corporate activities and he or she provided the commissioner for taxation with over 300 pages of internal corporate documents in july 2018 the minister for health made a keynote speech at a conference on access to medicines at the university of erewan the minister announced that the comptroller for patents had granted a compulsory licence in relation to the ribo crafto's patent the minister also announced that the government had been looking into the practices of pharmaceutical companies and the department of industry and trade would be applying to cancel all the marks held by hl on the basis that the assignment of those marks had been for tax minimization purposes and the marks had become deceptive to substantiate these claims the minister circulated to the conference attendees a 31-page dossier of hpe and hl documents being a selection of the documents provided by the whistleblower the name of hpe and hl personnel were redacted the legal issues in the problem cover three ip regimes the patent aspect covers the question of the circumstances in which the comptroller for patents may issue a compulsory license in relation to a pharmaceutical patent the trademarks aspect asks whether trademarks become deceptive when they are assigned to an offshore entity in the same corporate family such that those marks can be cancelled and finally finally the copyright aspect has two limbs whether there exists an error one a public interest defense to copyright infringement and the operation of the quotation exception in the erroneous copyright act in the trial of the case justice davies held that the compulsory licence was validly issued she held that the trademarks were had become deceptive and are therefore cancelled she held there was no breach of confidence by erawan as release of the documents was in the public interest but there was an infringement of copyright because erawan could not defend its um release by reference to the public to any public interest offense or to the quotation exception so we are now in the supreme court of erawan a hearing an appeal from this decision um via the recalcitrant court of appeal in relation to patents trademarks and copyright leave to appeal was denied for the breach of confidence as confidence aspects so with that introduction complete i shall now turn over to lord kitchen who was presiding in the supreme court of erawan this morning so the supreme court of erawan is now in session welcome uh everybody uh miss mauricio gather you are going to be opening submissions on behalf of the appellant good afternoon my lord i'm actually not miss moorish it appears she had a brief internet connection problem but she's trying to get back on i am prepared to go forward if she's unable to but i i believe she's trying to right now what kind of jumping is clark sorry to now take back charge shall we just then do the introductions where um we can have the teams introduce themselves and perhaps um as junior council you can represent the senior as well and then we can have the introduction for the respondent and hopefully your senior council will be on back online at that point sounds great okay well hello uh my name is karine kazakiewicz and my senior counsel's name is anna moorish anna will be speaking for 22 minutes and i'll be speaking for 20 minutes and we would like to reserve three minutes for rebuttal well ms kazakiewich you are showing all the versatility t
Thanks Florencio your participation is very much appreciated
- Malcolm Kiesow
About the author
I've studied optical astronomy at Wheaton College in Wheaton and I am an expert in forensic astronomy. I usually feel stressed. My previous job was nuclear equipment operation technician I held this position for 25 years, I love talking about croquet and horseshoes. Huge fan of Frank Sheeran I practice football and collect cereal box prizes.
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