Tokyo Barrister: Start the law firm bankruptcy

Chapter 359 The Professor's Final Statement

Utsunomiya frowned, he really didn't expect that Kitahara could make such a mess at the last moment.The plaintiff's lawyer is really like a dog's skin ointment, and he can't get rid of it.What's more, it actually made the former student Takanashi also scold him coldly.This is simply a naked humiliation!
Kitahara!It's really enough to have your set!
Utsunomiya sat on the seat, holding the hand of the pen, trembling with anger.

"Professor, don't get angry over such a trivial matter." Ikegami next to him lowered his voice and laughed contemptuously, "This is the struggle of the other party before dying. No matter what happens, you have to splash the waves in the water to give up. This kind of struggle, just It means that the other party has reached the end of the road."

"This Kitahara is really annoying!" Utsunomiya gritted his teeth and said angrily in a low voice.

Judge Takanashi sat in the referee's seat, looked at the two parties in the court, and announced: "After the previous court session, both parties have presented evidence and cross-examined evidence, and issued debate opinions. According to the provisions of the Civil Procedure Law, after the court debate, both parties will make a final statement. Defendant’s attorney, please publish first.”

Following the referee's order, all eyes in the courtroom were focused on the dock.Everyone is curious about what kind of argument this famous oriental jurisprudence authority will make.In this unprecedented case of collation of ancient books, what kind of opinions will be expressed.

Utsunomiya straightened his tie, then stood up with his head held high.

That being the case, that's fine too.

The Beiyuan on the opposite side has always only played heresy tricks.

Today, I want to be here, to give you a complete final blow! !

Utsunomiya stepped forward and walked forward, only to see the famous professor say, "Collegiate panel. In this case, whether the proofreading manuscript by Shimokawa Yoshihiko is substantially similar to my party's proofreading results, and whether the ancient books Whether the proofreading itself is a work under the Copyright Law or not. The attorneys for the defendant have expressed their opinions in the court investigation and debate on all these issues, so I won’t repeat them here.”

"In today's final statement, I just want to ask the collegial panel to consider one issue—if we accept that ancient book collations are protected by copyright law, what will be the consequences?"

Utsunomiya's voice echoed in the courtroom.

In this last link, the famous professor raised such a question, like an emissary before his sermon, gathering a large number of believers around him.The people in the auditorium unconsciously leaned forward, wanting to listen to the views and opinions of this great authority.

Utsunomiya turned sideways and looked at the judge's seat, "I would like to draw the collegial panel's attention to one of the most basic principles of intellectual property law."

"Intellectual property itself is a monopoly."

Utsunomiya raised his voice, emphasizing the word "monopoly".

"If we look back at the history of intellectual property law, then we will be able to trace back to the 'Statue of Monopolies' promulgated by the English in 1623. The word Statue is the law, and Monopolies is the 'monopoly'. 1623 The Monopoly Act is the mother of modern intellectual property law."

"At that time in England, in order to raise income, encourage the development of new industries, and the immigration of skilled workers, the monarch issued this decree to grant monopoly privileges to inventors. The "Monopoly Act" declared that all monopolies are illegal , but only the first inventor of a new product is exempt from the exception."

"As far as the first inventor of a new product is concerned, he can exclusively use and manufacture the product and obtain a patent and license for a period of no more than 14 years. During this period, no one else can imitate, sell or manufacture similar products. To do otherwise is to break the law.”

"From the perspective of the origin of intellectual property rights, it is a special kind of monopoly, a kind of monopoly allowed by law."

"It is precisely because of this that intellectual property rights have the effect of promoting invention and innovation on the one hand, but on the other hand, because they are essentially a monopoly, they will also hinder the dissemination and widespread use of new technologies."

"So, the collegial panel. The law of intellectual property itself is an extremely delicate balance between repeatedly weighing the disadvantages of monopoly and the benefits of promoting invention and innovation."

"In this case, that's the kind of trade-off we're dealing with."

Utsunomiya's voice spoke eloquently.This extremely knowledgeable law professor seems to have turned the entire courtroom into his classroom.The listeners present felt as if they had traveled to the English Island thousands of years ago, and saw manors and waterwheels on the gurgling stream above the court.

"The issue of ancient book counting in this case is unprecedented. Once the court makes a judgment on this case, it is very likely to become a binding precedent after being confirmed by the High Court. In other words, the judges on the bench , your status at this time is actually no different from that of legislators."

“Therefore, when deciding whether the rectification of ancient books falls within the scope of protection of the Copyright Law, we have to consider the far-reaching consequences of the judgment of this case. In counting, a kind of monopoly is artificially created."

"The question is whether the ancient book counting business can withstand the existence of this monopoly."

"We must see that the ancient book collation is still essentially an academic activity in a small circle at present. There is a huge difference between the collation of an ancient book and the creation of a movie script. The collation of ancient books itself is not for profit. Driven by motivation, in fact, it cannot be driven by profit. Because the vast majority of people do not have the ability to directly read ancient Chinese books, its market is extremely small.”

"These school-pointing activities are still driven by academic interests and aspirations. Under such circumstances, how to promote the exchange of information among professional peers and how to quickly utilize academic achievements are the most important issues we have to consider .”

Utsunomiya looked at the referee's seat, and said in a powerful voice, "I would like to draw the attention of the court. No matter how much the plaintiff's attorney exaggerates the originality of ancient book collation. The cold fact is that the choice of breaking a sentence is only A very limited number of forms. In the vast majority of cases, either a comma or a period."

"I believe that in an ancient book, more than 90% of the sentences are not controversial, or at least there is no major controversy."

"If we grant copyright protection to ancient book proofreading, what will happen? We will find a terrible situation, that is, ancient book proofreading will be completely monopolized by the first proofreader. Due to the limited form of expression, later It is almost impossible for the correctors to avoid overlapping with the first corrector in most of the ancient Chinese sentences. In this way, the later correctors will be judged as plagiarism due to the existence of such overlaps, which constitutes Infringement."

"This kind of situation is bound to push this already narrow professional circle into a dead end, thus completely destroying the academic research of ancient book collation."

"Collegiate panel, this is definitely not the alarmist talk of the defendant's attorney, but the serious consequences we will face!"

Utsunomiya took a step forward, and with unprecedented coercion, he said loudly in court:

"The granting of copyright protection for the collation of ancient books will inevitably lead to an irreversible and serious monopoly. This monopoly will end the research activities of the collation of ancient books. Granting the protection of collations of ancient books, just like granting copyright protection to academic research, will completely destroy The idea-expression dichotomy that copyright law adheres to. Once ideas and facts are also included in the protection of copyright law, the foundation of its legal system will be completely shaken.”

"To sum up, considering the destructive monopoly consequences of granting ancient book counting, as well as the opinions expressed by the defendant's attorney during the court investigation and debate stage, we request the court to refuse to recognize the copyrightability of ancient book counting and dismiss all the plaintiff's claims !"

The discussion is over.

The law professor's final statement was delivered in court.

From historical retrospect, to the essence of intellectual property law, to the evaluation of monopoly consequences.All the expositions are interlocking, and they strike violently with an irresistible momentum, which once again demonstrates the unparalleled knowledge and superb theoretical foundation of this great authority on Oriental law.The two judges on the side of the judge's seat couldn't help but nodded slightly.The entire court, at this moment, is completely dominated by the argument made by this famous professor...

(End of this chapter)