Footnotes
FADE IN:
INT. STUDY - DAY
PETER works on the computer.
PETER (V.O.)
I've to talk about "From Bay Area
to the International IP Arena. In
the late 1980s, I designed Hong
Kong's IP regime based on
international standards and norms.
FLASHBACK
BEGIN MONTAGE - PETER'S INTERNATIONAL SLANT
A Master of Laws diploma 1986. A transcript with subjects on Methods and Sources of International Law, Law of Treaties...
Images of University of London, University of Strasbourg and the Hague Academy of International Law 1986-1987.
Another Master of Laws of International Law diploma 1987.
END MONTAGE & BACK TO PRESENT
PETER (Cont'd)(V.O.)
I've to explain what's "IP protection"
from the WTO-TRIPS perspective.
That's basic to me, but who would
mine the source and know its story?
FLASHBACK
INT. OFFICE - DAY (1988)
Office full of papers. Peter (34) quickly reads some faxes and telexes. He works on a Wang computer.
INT. CONFERENCE ROOM - DAY (1991)
Four expatriates and Peter are present. The Chair is a local in his 40s.
CHAIR
The draft reflects all of Hong
Kong's position. Are you all
happy with it?
Peter does not look happy.
PETER
There's one technical issue
on national treatment. As you've
to get back to Geneva, I'll advise
from capital later.
INT. OFFICE - NIGHT (1991)
Examining the "National Treatment" clause of a draft. Peter is in deep thoughts.
PETER (V.O)
What does the term "national"
mean for persons, whether natural
or legal in Hong Kong? There's no Hong Kong nationality as such!
Peter sighs.
PETER (Cont'd) (V.O.)
It's a problem peculiar to separate
customs territories like Hong Kong
or Macau. But if I don't raise it, no
one will.
Peter looks responsible.
PETER (Cont'd) (V.O.)
Let me propose a deeming provision
applying the Nottebohm 'effective nationality' principle. Persons who are domiciled or who have a real and
effective industrial or commercial
establishment in a customs
territory have the requisite genuine
link.
Peter hits the computer keys and then pauses.
PETER (Cont'd ) (V.O.)
As a Hong Kong proposal in the international arena, I'll be contented
if it would be included as a footnote
since it should constitute as part
of the text of the Agreement.
Peter looks encouraged.
INT. OFFICE - DAY (1991)
Peter works on the computer as an EXPATRIATE in his 30s comes in with a paper in hand.
EXPATRIATE
(Excited)
Peter, your proposal has got support!
PETER
(Surprised)
Is that right?
EXPATRIATE
The European Communities supports the Hong Kong Proposal!
PETER
I see! There's no European nationality
as such either!
The expatriate shows Peter the content of the paper.
EXPATRIATE
Is the draft agreeable to you?
Peter reads with subdued smile and nods.
PETER
That's fine.
EXPATRIATE
I don't know where would it be
inserted.
PETER
As a footnote would be fine, as
it should still constitute part of
the text.
RETURN TO PRESENT
Peter reads a thin book and then takes a photo of the inside pages.
PETER (V.O.)
Here's my contribution in the
international IP arena, both in
substance and form. Just look
at footnote 1 of the WTO-TRIPS
Agreement 1994.
A little pause.
PETER (Cont'd) (V.O.)
That's the first time Hong Kong
played a role in the international
IP arena.
After a pause.
PETER (Cont'd) (V.O.)
Without my suggestion, would there
be a definition of "protection" in
footnote 3?
Peter works on the computer.
PETER (Cont'd) (V. O.)
Now is 2018, my vision is to develop
an IP-based capital market from the
Bay Area to the International IP arena!
Peter is happy.
FADE OUT.