Tokyo Barrister: Start the law firm bankruptcy

Chapter 305 The Attack of Utsunomiya
Listening to the order of the court, Miyagawa stood up, held a notarial certificate in his hand and said, "The first set of evidence presented by the plaintiff. Evidence 7867859, the notarial certificate issued by the Mitsumasa Notary Office of Kyoto Prefecture is coded as 18. This notarial certificate is for the plaintiff's personal The creation and modification times of the 18 word documents on the laptop were notarized. Among them, the [-] word documents were all proof-reading word documents of "Parade in the East and Repatriation to Tang Dynasty", and they were all created five years ago. It can prove that the plaintiff The school-pointing activities started five years ago."

Afterwards, Miyagawa put down the notarial certificate, picked up another booklet, opened it, and displayed it in front of everyone.But I saw that the booklet was covered with dense invoices, like an exquisite account book.

"Next, there are 23 invoices and receipts from Evidence 22 to Evidence 17 issued by the plaintiff. The first invoice is the collection of "A Tour of Eastern Land and Repatriation to Tang Dynasty" that the plaintiff won at an auction in Kyushu five years ago. , the receipt issued by the relevant auction house. The second to No.18 invoices are the records of the plaintiff’s stay in hotels near archives and libraries in various places in Toyo. The two invoices from No.20 to No.[-] are the plaintiff’s The relevant transportation expenses that can be found at present."

"The above evidence can prove it. The plaintiff started the proofreading work of "A Tour of Eastern Lands and Repatriation to the Tang Dynasty" five years ago. In addition to the electronic records created by computer files as proof, the plaintiff also has relevant invoice records to prove the proofreading work. The plaintiff traveled back and forth across the East to collect the original copies of "A Journey to Tang Dynasty in the East".

"The above evidence corroborates each other, and can prove that the plaintiff's collation work really exists."

After the words fell, Miyagawa sat back on the seat.

The first set of evidence presented here is interlocking.

There are both electronic notarization records and invoice verification.

So well organized, it seemed almost irrefutable.

After hearing the evidence, Judge Takanashi turned his head to look at the other side of the courtroom, "The defendant is invited to make cross-examination opinions."

On the desktop in the dock, there was a copy of Miyagawa's presentation materials.Utsunomiya rubbed these A4 papers, stood up, with a sneer on the corner of his mouth, "We approve the legality and authenticity of the evidence presented by the plaintiff. But the purpose of the proof is not approved."

Utsunomiya picked up the A4 paper on the table, pointed to a copy of one of the invoices, and said, "The chief referee, please pay attention to the buyer in the invoice just shown by the plaintiff."

The buyer of the invoice, that is, the party who pays.

But I saw that these invoices all had four Chinese characters written on the buyer's column-Kyoto University.

This... what does this mean?The invoice was issued to Kyoto University, so what can it show?Miyagawa raised his head and looked forward in bewilderment, not understanding why Utsunomiya brought up this fact

However, in the next instant.

It was as if a bolt of lightning flashed across Miyagawa's heart.

The honor student who got the first grade in the Intellectual Property Law suddenly understood Utsunomiya's intentions, and his eyebrows trembled involuntarily, as if thinking of some extremely bad consequences.

Noticing the expression of the trainee female lawyer opposite, Utsunomiya's smile became more wild, "Chief referee. These invoices are all issued in the name of Kyoto University. After checking the university's scientific research funding reimbursement records, it can be compared with the plaintiff's." There is a one-to-one correspondence between the invoices and expenditures. That is to say, these plaintiffs’ expenditures were all provided by Kyoto University.”

Utsunomiya took a step forward and said with a stern expression on his face, "In this case, the plaintiff, Shimogawa, is a faculty member hired by Kyoto University. As a university teacher who has not received tenure, he must undertake corresponding academic research tasks. According to this "The Expedition to Tang Dynasty in the Eastern Land Parade" is a work created by the plaintiff to complete the work tasks of the university legal person, and it is a work for employment."

"At the same time, it has been found out that the school-checking project of "Parade in the East and Repatriation to the Tang Dynasty" has been applied to the Academic Promotion Committee by Kyoto University for approval, and the project has been successfully approved. The university is responsible for completing the scientific research project in accordance with the standards for the Academic Promotion Committee. "

"According to the law, the copyright belongs to the legal person for the service work that is mainly created using material and technical conditions and for which the legal person organization assumes responsibility."

"At the same time, according to the internal regulations of Kyoto University, the authorship right of service works shall be exercised by Kyoto University."

"In this case, the original funds for Shimogawa's purchase of "A Tour of Eastern Lands and Repatriation to the Tang Dynasty" came from Kyoto University. Shimogawa's transportation and accommodation expenses to and from archives and special collections in various places came from Kyoto University. His laptop was also provided by Kyoto University. A standard notebook for staff."

"To sum up, "A Tour of Eastern Lands and Repatriation to the Tang Dynasty" is a work of employment, which mainly uses the material and technical conditions of Kyoto University. According to the law, the copyright is owned by Kyoto University, and the author only has the right to sign. And because of the internal regulations of Kyoto University The authorship right of service works shall be exercised by the university."

"Therefore, the plaintiff, Shimogawa, does not have any right to sue for exclusion of copyright infringement. On the contrary, the copyright of "A Journey to Tang Dynasty in the Eastern Land" completely belongs to Kyoto University!"

Utsunomiya's voice was loud and powerful.

penetrating the courtroom.

Although copyright law is a complex legal subject, it became so clear and simple after Utsunomiya's eloquence just now that most of the people present who had no legal training also understood what he wanted to do. to express the meaning.

Simply put, the logic of Utsunomiya's argument is:

"A Tour of Eastern Lands and Repatriation to the Tang Dynasty" is a work for service; and in the process of completing this work for work, Shimogawa mainly used the material and technical conditions of Kyoto University.Therefore, the copyright of "Parade in the East and Repatriation to Tang Dynasty" belongs to the university, not Xiachuan.

In an instant, Utsunomiya's argument seemed to be torn open suddenly.

Under what he said just now, the copyright of "A Journey to the Tang Dynasty in the East" became completely owned by the university.And all of this was actually demonstrated from the evidence provided by the plaintiff himself.

In other words, the plaintiff lifted a rock and hit his own foot.

The evidentiary material originally intended to prove the authenticity of the creation has instead become evidence arguing that the copyright belongs to the university.

The enemy's weapons, instead, turned into ferocious ammunition for one's own side.

This is simply an unprecedented shift in the universe.

After some observers present understood this point, they suddenly became terrified.This famous professor...as expected...is truly an authority on intellectual property law in Toyo.To be able to find such a big flaw from a small invoice.Some people have also heard that plaintiffs' lawyers have no practical experience in representing intellectual property cases.

From this point of view, the judgment is judged.

Such is the dreadful end to inexperience.

Some of the lawyers present who came to observe had already swallowed slightly.Competing with masters, if you are not careful, you will be completely overthrown.

And this is only the first piece of evidence submitted by the plaintiff.

Judge Takanashi looked at the plaintiff's seat and asked, "What is the response of the plaintiff's attorney to the defendant's cross-examination opinion just now?"

In the dark night, the enemy's first artillery shell rang out suddenly.The enemy soldiers who were hiding in the vast snow-capped mountains and wearing misty suits raised their rifles one after another. In an instant, the grass and trees were all soldiers, and the ambush against the two young men began in this dark snowy night...

(End of this chapter)