Tokyo Barrister: Start the law firm bankruptcy

Chapter 306 Counterattack
It was very quiet in the courtroom.

Probably no one expected such a fierce collision just because the plaintiff just submitted the first set of evidence.The air in the courtroom was like a twisted rope soaked in wet water, tightly twisting people's necks, bringing a feeling of oppressive suffocation. There were obviously no action scenes, but people couldn't help but feel anxious.

Bei Yuan leaned on the chair, feeling the atmosphere of the court, and smiled slightly.This overwhelming oppressive atmosphere seems to constitute a spiritual reward for him.Like an extremely unique creature, its food is actually mercury.It is a highly poisonous substance to other living bodies, but to it, it is the sweetest oasis.

Bei Yuan stood up from the plaintiff's seat, his eyes cast on the famous professor.

Utsunomiya sat on the seat and flipped through the evidence book quietly, without raising his head, nor did he notice that Kitahara had stood up.He did not believe that a man in his twenties, with zero practical experience in copyright cases, would be able to deal calmly and on the spot in an extremely professional case like intellectual property law.This case has been a duel between ants and elephants from the very beginning.As long as the latter lifts his leg slightly, the former will instantly turn into a pulp.

At this moment, a male voice echoed in Utsunomiya's ear.

The moment he heard the male voice, his eyes widened a little, and he immediately raised his head.

But the male lawyer in front of him said in an orderly manner, "Chief referee, please pay attention to the No. 20 four items in our evidence materials. That is, the "Scientific Research Objective Assessment Letter" signed by the plaintiff Shimogawa and the Graduate School of Humanities of Kyoto University five years ago. Among them, the assessment requirement clearly stated in the target assessment is to publish no less than 5 papers in SSCI and 4 papers in Toyo Journal within 2 years."

"That is to say, the objective of plaintiff Shimogawa's scientific research assessment at Kyoto University is very simple, that is, the number of papers published. Although there is a catch-all clause in the assessment document, it states, 'If the plaintiff has made other significant academic contributions, it can be submitted to the professor committee for review'. However, the assessment document does not specify the form of such major academic contributions."

Beiyuan grinned slightly, "The establishment of a work for employment must be presided over by the clear will of the legal person or unit. If there is no such clear will, it cannot be regarded as the completion of the task issued by the legal person." "does not clearly record the proofreading work as an assessment index, so it cannot be considered that Xiachuan's proofreading work was carried out under the clear auspices of the university, so "A Tour in the East and Sending to the Tang Dynasty" does not constitute a work for work."

The corners of Utsunomiya's eyes twitched slightly, probably because he didn't expect this young man to organize a counterattack in such an orderly manner.

However, there is no doubt that this is just a coincidence.

In this world, there are too many people, relying on the luck of stepping on dog shit, to get through the difficulties inexplicably.

Utsunomiya sneered slightly again, and said, "Since the plaintiff just said that counting works is not the goal of university scientific research assessment. Then, does the plaintiff confirm that Professor Shimogawa will not use "The Tour of the Eastern Land and Sending Tang Ji" as an academic subject?" One of the results will be submitted to the university renewal review meeting."

The famous professor exudes a somewhat sinister sneer.

This is a question that has nothing to do with intellectual property rights.

Although this lawsuit is a copyright dispute, behind it is to give Shimogawa the opportunity to re-employ Kyoto University.

Xia Chuan's thesis index did not meet the requirements of the university.

The academic achievement he was able to report was the proofreading of "The Expedition to the Tang Dynasty in the Eastern Land".

This is what Utsunomiya is grasping. As long as Shimogawa uses "A Tour of Eastern Lands and Repatriation to the Tang Dynasty" as an academic achievement declaration, it is acknowledging that this proofreading work is for the completion of the university's scientific research tasks.

And if Shimogawa does not declare this school-marked work as an academic achievement, he will have no chance of being re-employed by the university.

An extremely difficult choice was placed in front of this young man.

The student representatives in the auditorium who sympathized with Shimogawa held their breath unconsciously, and were even a little afraid to listen to the plaintiff's lawyer's answer.

In this world, there are always such people who will find a way for you where there is no way.In the face of difficulties like a mountain, there is always a way to find another way.When faced with extreme dilemmas, he was able to find a surefire way.

The corners of Beiyuan's mouth twitched slightly, "Whether a work for employment is identified or not depends on the process of its creation. In other words, as long as a work is not under the clear will of a legal person from the beginning of creation to the end of its completion, Then it’s not work for hire.”

"Once the work is created, its attributes are fixed. A proofreading work that was not originally a work for employment will not become a work for employment because it is used for declaration afterwards. Isn't the reason for this very simple?"

With just a few words, the dilemma set by Utsunomiya was easily overturned in an instant.

So much so that this question, which should have been considered extremely tricky, seemed a little silly.

However, without waiting for the law professor in the dock to react, Beiyuan took another step forward and continued to fire, "Just now, the defendant said that Kyoto University has submitted a project to the Academic Promotion Committee for the project of "Parade in the East and Sending Tang Dynasty" to the Academic Promotion Committee. Indicates that the work is organized by a legal person and assumes responsibility."

"However, the establishment of the project "Eastern Parade and Repatriation to Tang Dynasty" was three years ago. According to the notarial certificate just presented by the agent, the plaintiff had already started the relevant proofreading activities five years ago, and had his laptop word The creation and modification time of the document is used as evidence. This further shows that Kyoto University was not responsible for the organization and responsibility of Shimokawa when he started the rectification of the ancient books.”

Another turbulent wave swept in.

There are three main points in the identification of employment works.The first one is that the creation of the work is to complete the task issued by the company.The second is that the creation of the work is organized by a legal person and bears the responsibility.The third is that the creation of the work took advantage of the material and technical conditions of the legal person.

Of the three conditions, only one is missing.

It no longer constitutes a special job work.

However, Beiyuan did not give up after denying the first condition.He continued to deny the second condition, like a ferocious monster with a huge appetite that will never be satiated, devouring all the living things he can see in front of him like a madman, constantly biting and tearing , drink blood.

This aggressive posture showed the attitude of the young man in front of him.

He wants to completely refute the court speech made by the authority of the Oriental Intellectual Property Law just now, and there is nothing left!

(End of this chapter)