Tokyo Barrister: Start the law firm bankruptcy

Chapter 360 Beiyuan's Final Statement

All eyes in the courtroom were on the plaintiff's seat.Many people could no longer imagine how the young plaintiff's lawyer would respond to the opinion of the great authority of Oriental law.Since entering the courtroom, the plaintiff's lawyer has never been able to compete with Utsunomiya.Now, coupled with the grand final statement of the law professor, how can this young man named Beiyuan resist.

Utsunomiya's face already showed an expression of arrogance, and he looked at the seat opposite.

You asked for all of this, Beiyuan!

From the moment you attend the Shimogawa Disciplinary Hearing, from the moment you decide to file a lawsuit against Kyoto University.

Your fiasco is doomed today!
Bei Yuan sat on the plaintiff's seat, still with a calm expression.As if nothing had changed.The defeat in the court debate seemed to have never affected him.And the final statement made by the famous law professor just now did not seem to stir up any waves in his heart.

It is obvious that they are already facing the desperate situation of Mount Tai.

Obviously even the client had given up fighting and planned to withdraw the lawsuit.

But he is still like a border general guarding the gate of the country, guarding the pass and not retreating a step.

"Attorney for the plaintiff, please make a final statement." Judge Takanashi turned to look at the seat on the right and said.

Bei Yuan nodded slightly, then stood up and walked towards the court.The moment he stood in the middle of the court, his figure seemed a little lonely.Together with Miyagawa, at this moment, these two young people are challenging Kyoto University, the highest institution in the East.

"Chief referee." Bei Yuan's voice could only be heard, "The core issue of this case is whether Xia Chuan's proofreading works can be protected by the Copyright Law."

At this moment, the corners of Bei Yuan's mouth slightly raised.

Utsunomiya saw the young man's expression.He could no longer understand why this young man was still pretending to be calm at this moment.For some reason, suddenly, the famous professor recalled a sentence that Ikegami said accidentally.The director of the Tokyo Bar Association named Imanishi once asked the young man what his strategy was to win the case after the trial.

Is it...

Could it be that Beiyuan really has a backhand? !

Utsunomiya didn't believe that the young man in front of him really had a way to make a comeback.However, the thought that had just flashed by just now lingered in his mind.Like a seed breaking out of the ground, it quickly takes root and germinates.

In the next second, Beiyuan took a step forward and continued to speak, "Whether Xiachuan's proofreading results belong to works stipulated in the Copyright Law, the plaintiff's attorney has already expressed his opinion, so I won't repeat it here. However, what I want What’s more, even if we take a step back, even if we admit that Shimokawa’s proofreading is not a work under the Copyright Law, it doesn’t mean that my proofreading is not protected by the Copyright Law.”

"In the absence of copyright protection, the plaintiff Xiachuan's "Dongtu Parade and Repatriation to Tang Dynasty" should still be protected by neighboring rights!"

neighboring rights.

An unfamiliar word suddenly spread in court.

Ordinary ordinary citizens, even if they don't have legal knowledge, can understand the monopoly issue that Utsunomiya just talked about.However, when faced with the so-called "neighboring rights" that suddenly popped up, they were completely dumbfounded.Intellectual property experts and legal professionals at the seats were taken aback for a moment when they heard the neighboring rights, and then their eyes suddenly seemed to be lit by sparks.

In the eyes of those who are familiar with the law, just a moment ago, the plaintiff's lawyer once again opened up a new front called neighboring rights!
【Neighboring Right】

[The so-called neighboring rights are rights related to copyright.It is not a copyright itself, but a special right created for the dissemination of works that have not yet met the originality requirements, but have the protection of value objects.A typical example of a neighboring right is performance.For example, a performance of a play, although not a work, can be protected by virtue of a neighboring right.In addition to performances, there are also broadcast signals and layout designs, etc., which fall under the scope of protection of neighboring rights]

The moment Utsunomiya heard the word neighboring right, his body froze, as if he hadn't reacted.When he reacted, his eyes widened uncontrollably at this moment.At this time, Utsunomiya is like a gentleman standing beside London Bridge at night, waiting for the moment when the night fog clears, only to realize that a river monster with its mouth wide open is beside him on the bank of the Thames. beside.

"Chief referee." Beiyuan continued speaking in an unhurried manner, "A major protection category of neighboring rights is format design. The so-called format design refers to the design of the layout format of books or publications, including alignment, layout, and use. Arrangement of layout elements such as words, line spacing, headings, quotations, punctuation, etc.

"The punctuation, wording, and quotations all overlap with Xiachuan's checking activities. The plaintiff Xiachuan used his checking activities to add punctuation, correct typos, and add notes to provide additional historical materials for understanding the original text of Tang Ji. In fact, , which is equivalent to forming a unique layout design. If it cannot obtain the protection of copyright, it should obtain the protection of neighboring rights in accordance with the provisions of the law!"

Bei Yuan's words were very short.

It is in stark contrast to Utsunomiya's tirade in the court debate.

However, these extremely short sentences captured the weakness of the opponent that had not been defended so far, and launched the most vicious attack.

Bei Yuan raised his head and looked at the judge's seat, "Although my country's copyright law does not make more detailed regulations on neighboring rights. However, in academic research activities, the court can refer to the provisions on neighboring rights in Article No. 70 of the German Copyright Law. Article No.70 clarifies, 'If the works or texts that are not subject to copyright protection embody the results of scientific sorting activities and are fundamentally different from the previous well-known works or texts, the relevant norms of copyright protection shall also apply.'”

"In other words, even the results of scientific collation activities can rely on neighboring rights to apply the relevant protection provisions of the Copyright Law. Just now, the defendant's agent is protected by copyright for academic research activities, which will confuse 'facts' and 'facts' However, in fact, in foreign legislation, there are already examples of legislative protection for academic research works by virtue of neighboring rights!"

The young man in court was extremely calm and calm.Like a well-trained boxer, he strikes the enemy with extreme precision.

Utsunomiya's throat trembled slightly.

He panicked.

He felt danger from the young man's legal discourse just now.

A real danger.

This is a danger he has never felt since he was engaged in intellectual property litigation!
"However, the plaintiff's attorney wants to focus on other issues." Bei Yuan's calm voice sounded, "Just now, the defendant's attorney said that if copyright protection is given to ancient books, it will cause destructive monopoly consequences , thus hindering the professional research and development of ancient book counting and collation.”

"At this moment, I just want to ask the court to pay attention. I just want to ask the magistrates to take a look at Xiachuan who is sitting in the plaintiff's seat."

"Let's not focus on the consequences that might happen, let's focus on the consequences that are happening."

"While the defendant's attorney was talking about how protecting ancient books would destroy academic research activities, my client, Shimogawa, had his school results taken away by the high-ranking dean of the Humanities Graduate School, Fujimura. And, in the near future In time, Kyoto University will soon use the excuse of failing to meet scientific research targets to completely expel my client from the university."

"I'm not a prophet or a fortuneteller. I don't have a crystal ball to tell the court whether granting copyright protection to ancient book counting will destroy the ancient book counting industry."

"But the only thing I know is that if we can't stop Fujimura's actions, what happened to Shimokawa will completely chill the hearts of the entire academic circle of ancient book collation. The enthusiasm of the people with lofty ideals who dedicated their knowledge to the collation of ancient books."

"This is Kyoto University, the highest institution in the East. Every move of this university will be followed by other universities. Since the dean of the Graduate School of Humanities at Kyoto University can take other people's school results and use them, Then let me use it too. Since he can plagiarize other people's proofreading results, then I will too. Since he can report the plagiarized results to the Academic Promotion Committee in a grand manner, then I will also declare."

"Everyone will compete to imitate Fujimura's behavior. Because the law has sent a signal, telling them that they can embezzle other people's checking results in a fair manner."

"The foundation of scholarship is honesty."

"Without honesty, there is no scholarship."

"If the scholar loses his integrity. Then it is conceivable that the work of scholarship will be reduced to a masterpiece of sycophancy. Authority will always be authority, because it can always snatch the truth discovered by others and declare it to be its own. It will always be right, and will always be great."

"Is it okay to rely solely on university bureaucrats without protection from the law?"

Bei Yuan turned slightly and smiled contemptuously, "I believe that all the judges here have seen how useless the university management present is."

As soon as the words came out, the faces of the school directors, chairmen of various departments, and supervisors sitting in the auditorium turned pale for a moment.

"As the administrators of the highest institution in the East, they openly condoned the occurrence of incidents that violated academic ethics. To this day, the investigation initiated by the university against Fujimura has not been heard from, and there has been no conclusion. Of course, I understand the reason why they did this , nothing more than trying to hide behind the court. As long as the court decides that Fujimura wins, they will declare that there is no problem with the investigation results, and if the court decides that Fujimura has lost, they will declare that Fujimura has problems. territory."

"This is the responsibility of our university administrators today! Regardless of right and wrong, it is most convenient to only think about how to manipulate power. Power comes first, money comes second, and reputation comes second. As for academics, let it go to hell!" Bei Yuan turned around and glanced coldly at the university management in the auditorium, "The university management present, you incompetent people are all Fujimura's accomplices!"

With a bang, the hand of a school manager in the auditorium was already trembling, and the mobile phone he was holding slipped directly and fell to the ground, making a crisp impact sound.

Bei Yuan looked at the judging seat again, "Will granting ancient book rectifications cause monopoly harm? Maybe not, maybe."

"However, the problem is that we have to choose between the harm of monopoly and the harm of lack of honesty."

"The results of the operation of German copyright law have shown that the copyright protection of scientifically organized works has not hindered the scientific development of the country. Between these two kinds of harm, which is the real culprit hindering academic development, I think the judges will Your judges have made their own judgments."

"To sum up, the plaintiff's attorney claims that the defendant Fujimura Kayo's actions have infringed the plaintiff Shimokawa's copyright. Even if my copyright of the plaintiff's proofreading results is not established, I should still be protected by neighboring rights. Fujimura still needs to bear the tort liability for his actions. In summary , the plaintiff's attorney requests the court to confirm all the claims of the case!"

Standing on the court, this young man's aura is not inferior to that of the famous professor Utsunomiya.The young man draws the sharpest sword towards the plagiarized dean, towards the university...

(End of this chapter)