Tokyo Barrister: Start the law firm bankruptcy

Chapter 307 Appetizers
Utsunomiya never thought that the young man in front of him could be so arrogant.After hearing this aggressive counterattack, his temples bulged, and he immediately stood up from the dock and said, "The attorney for the plaintiff, just now deliberately distorted the defendant's speech. The time when Kyoto University presides over the school counting work cannot be judged by The establishment time of the scientific research project will start counting!"

"In fact, in order to establish a scientific research project, the Graduate School of Humanities at Peking University has already invested a lot of manpower and material resources in preparation for the calibration project, including the collection of ancient books from libraries, special collections, and ancient books in various parts of the East. microfilm, and organize monks and doctoral students to participate in the sorting out of the original ancient books.”

Utsunomiya's gaze became sharper, "The evidentiary invoice presented by the plaintiff just now proves that the funds invested in the proofreading of his ancient books came from Kyoto University, and it can also prove that from the very beginning, Kyoto University provided Shimokawa's proofreading. work and provide material support."

Utsunomiya put the final foothold on the use of university funds.

Famous professors who are well versed in copyright disputes know that, in many cases, the use of unit materials and technologies is often the key to constituting works for special duties.

After all, this is the cost of real money.

When the court considers whether it constitutes a work for hire, the money actually spent by the company can be said to be the most critical consideration.

No matter when and where, money is the most convincing weight.

As long as you firmly grasp this point, you have grasped the most important reason!
Hearing Utsunomiya's words, Kitahara smiled again indifferently, and looked sideways at Judge Takanashi on the stage, "Chief judge. The law stipulates that the establishment of a service work must mainly use the material and technical conditions of a legal person. However, we do not It can be said conversely that as long as the material and technical conditions of a legal person are used, it must be classified as a work for employment."

When these words were said, many listeners in the court showed confused expressions in an instant.

Bei Yuan walked in the courtroom and started to stroll, "Chief judge, please allow me to give an example. Suppose, I am an employee of a comic company. After I submit the paintings that need to be completed to the company every day, I spend my spare time on the computer. On the company's equipment, carry out personal comic creation."

"In this example, it is true that I am using the comic company's mouse, the comic company's computer, and the comic company's drawing software. However, in this case, is the comic I created a work for the comic company? ?”

"Obviously not." Bei Yuan asked himself and answered.

"For another example, I receive the newspaper's remuneration to write. Does this mean that the novels I create in my spare time are the newspaper's work? This is even more impossible."

With Beiyuan's example, the curiosity of many listeners in the courtroom has been aroused.The works created in the two examples just now are obviously not work for employment.But the question is why they do not constitute works for hire.And what kind of relationship do they have with Xiachuan's use of university funds for reimbursement.

Sensing the feeling that the listener wanted to know, Bei Yuan's smile became more intense.

Because this is the best time to export your own legal views.

Beiyuan seized this opportunity and raised his voice, "Using the material and technical conditions of a legal person does not necessarily constitute a work for employment. There are two conditions that are indispensable, namely dependence and specialization."

"The so-called dependence refers to whether the creation of the work depends to a large extent on the material and technical conditions of the legal person. For example, if you want to carry out a mechanical fine carving work, if the company's precision machine tools are necessary to complete this work Sophisticated instruments. Then the dependency exists here."

"Another condition is specialization. In other words, whether the funds and technology provided by the company are dedicated to the creation support of the work."

"Only when it is dependent and specialized, and under such circumstances, is the creation made using the material and technical conditions of a legal person, can it constitute a work for employment."

In an instant, Kitahara pulled out an A4 paper from the table and showed it to everyone in the court, "What is written on this paper is the scientific research reimbursement system for young scholars of Kyoto University. According to this system, the university provides young scholars with Scholars provide scientific research reimbursement of 200 million yen."

"As long as the expenditure is related to scientific research activities, it can be reimbursed, without imposing more restrictive conditions. Among them, the plaintiff Xiachuan's expenditures related to the collation of ancient books in the past five years have all been reimbursed from this system."

"Even though the funds come from the university, the department is used to support general scientific research activities and is not limited to a certain scientific research project. Therefore, the university funds used by the plaintiff Xiachuan are not specifically used to support its ancient book counting activities funds!"

The counterattack organized by Utsunomiya just now, like a fortress under heavy artillery fire, suddenly collapsed at a corner.Billowing gunpowder smoke means that the fortifications have suffered major damage.

Facing this scene, the young male lawyer took another step forward and decided to give the crumbling fortress a final blow:
"And in the collation of ancient books, the most indispensable material and technical conditions are the originals of ancient books. Without the originals, it is impossible to talk about the collation. And there are 17 originals in the "Dongtu Tour Tangji" compiled by the plaintiff It's just that none of these 17 originals come from the special collection of Kyoto University!"

"To sum up, although Shimogawa used funds from Kyoto University in the process of counting ancient books, the funds were not specifically used for the project of counting ancient books, and Kyoto University did not provide corresponding copies of ancient books to support the plaintiff's counting work Therefore, due to the lack of specialization and dependence, "The Expedition to Tang Dynasty in the Eastern Land Tour" does not constitute a service work of Kyoto University!"

The voice fell.

It was as if the dust had settled.

Utsunomiya's counterattack on "A Tour of Eastern Lands and Repatriation to Tang Dynasty" as a work of employment was completely disintegrated.

Kitahara did not simply refute it.

Instead, he chose to carry out all-round, relentless rebuttals from beginning to end.

Break apart, crush, and tear apart every reason the famous professor said, and then throw it into the air like paper flowers.

Utsunomiya sat on the dock, his face turned blue with anger.The reason for the anger is not to be refuted, but to this over-exploited refutation.Beiyuan not only refuted all the three main points of the service work, but also gave two examples in court with a playful smile, lest the audience would not understand the content of his refutation.

This is simply challenging his lofty authority in the field of intellectual property law!

This Takanashi still let him give an example, wasting the trial time! !

Utsunomiya gritted his teeth, his rich trial experience calmed him down quickly.

The counter-offensive about work for hire is just an appetizer.

The real link of copyright infringement has not yet been formally entered.

When it comes to the link of proof of infringement, the trouble is not over.Utsunomiya sneered again, as if he was already holding a sharp machete in his hand, which could seal the opponent's throat at any time.

Judge Takanashi on the stage looked towards the plaintiff's seat and said, "The plaintiff, please continue to present evidence."

(End of this chapter)