Jurisprudential Analyses
FADE IN:
INT. HOTEL ROOM - DAY
Avant garde. PETER checks his smart phone mails.
PETER (V.O.)
Well, a two-day substantive
conference with such a cast
by giving less than a week's
notice?
Pausing.
PETER (V.O.)(Cont'd)
Perhaps, it'd be good if the
intellectuals have to exchange
ideas among themselves.
Peter checks his digital diary.
PETER (V.O.) (Cont'd)
Let me register first and try to
get as much as I could from
the wisdom of the crowd.
Peter fills in a digital form.
INT. MOOT COURT - DAY
Peter sits among the packed court. A KNIGHT (77) in smart casual wear, speaks. We see the photos of two look-a-like forklift trucks on the screens.
KNIGHT
In Mitsubishi v Duma, the
European Court of Justice
ruled that the removal of
the proprietor's trade marks
on its forklift trucks before
importation by the defendant
was use in the course of
trade...
Pausing.
PETER (V.O.)
Well, the trade mark proprietor's
right is really exclusive.
SPEAKER #1 (69), in smart casual wear too, speaks.
SPEAKER#1
(Referring to the Knight)
I was his first pupil 44 years
ago...
PETER (V.O.)
I've been learning from you
since 1988 - that was some
30 years ago...
SPEAKER#1
In Hong Kong, piracy and
counterfeiting are gone...
PETER (V.O.)
Yes, I've done a good job in
public education. That became
IP Department's focus, having
accomplished the mission to
establish Hong Kong's IP
before 1 July, 1997.
SPEAKERS after speakers speak.
PETER (V.O.)
Many of them are text book
authors. Great to hear them
direct and see how learned
they're!
INT. FOYER - DAY
Coffee break. Peter greets and shakes hands with LADIES#1, 2 & 3 and GENTLEMEN #1, 2 & 3. SPEAKER# 1 appears and chats.
SPEAKER#1
The European development
is complicated. The Australian
model is pretty neat.
GENTLEMAN#1
Why didn't Hong Kong follow
the Australian model?
SPEAKER#1
(Looking at Peter)
It was a matter for the
Administration...
FLASHBACK
INT. CONFERENCE ROOM - DAY (2002)
Sitting around a table are a few LADIES and GENTLEMEN. Peter talks to GENTLEMAN#4.
PETER I The commonwealth system
is based on the UK system.
Even Australia follows UK
decisions...
GENTLEMEN#4
While European Court
decisions impact on
UK, Hong Kong should
benefit more from the wider
European standard norms
than just the Australian
ones.
Ladies and gentlemen gesture agreement.
PETER
So be it. This general
policy issue is settled.
END FLASHBACK
MONTAGE OF THE CONFERENCE
A/ MODERATOR#1 speaks.
B/ Group#1 SPEAKERS speak individually.
C/ Peter researches with his phone and jots notes.
D/ Speakers empanel.
E/ Questions from the floor.
F/ Replies from speakers.
G/ Hands clapping.
H/ Coffee break.
I/ Some audience leave.
J/ MODERATOR#2 speaks.
K/ Group #2 SPEAKERS speak individually.
L/ Peter researches with his phone and jots notes
M/ SPEAKERS empanel.
N/ Questions from the floor.
O/ Replies from speakers.
END MONTAGE
INT. MOOT COURT - DAY
PETER (V.O.)
There're so many details in
domestic cases in US, UK and
other jurisdictions. One asks
about the international law
perspective. Reference is also
made to Articles 7-8 of TRIPS.
But no one mentions Article 17.
FLASHBACK
INT. WTO - DAY (2004)
Function Room. LAWYERS submit before a three-member PANEL. Peter (49) is one of the panelists.
Another Function Room. Peter discusses with the CHAIR (50s) and a PANELIST (40s). We see them scrutinizing Article 17 (Exceptions) : "Members may provide limited exceptions to the rights conferred by a trademark, such as fair use of descriptive terms, provided that such exceptions take account of the legitimate interests of the owner of the trademark and of third parties."
END FLASHBACK
PETER (V.O.) (Cont'd)
That was an example of my
methods and sources in
designing the various Hong
Kong IP laws as they-should-
be, many years before the
laws as they-are.
Pausing.
PETER (V.O.) (Cont'd)
I had to ensure Hong Kong lived up to its international
legal obligations. Taking the
hierarchical approach - from
international law to the law of
the land or region - should
put the jurisprudential analyses
in context!
Hands clapping. Peter and others exit.
FADE OUT. The End