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5TH B.

KRISHNA MEMORIAL NATIONAL IPR MOOT COURT COMPETITION, 2013

MOOT PROBLEM BEFORE THE INTELLECTUAL PROPERTY APPELLATE BOARD, CITY OF NEPU. REPUBLIC OF BHARANASIA OA/1/2013/P/NEPU BETWEEN 1. Cheers Global Inc. AND 1. Controller of Patents, the Union of Bharanasia 2. Association Against Gene Abuse ……Appellant .…Respondent ….Intervening Respondent

BEFORE THE HIGH COURT OF SAHARASHTRA Criminal Petition No. 1/2013 BETWEEN 1. Cheers Global Inc. AND 1. Association Against Gene Abuse 2. Controller of Patents, Union of Bharanasia 3. Steve Lassange …..Respondents …..Petitioner

a) This hypothetical problem is conceived and prepared by Mr. Sunil B. Krishna and Mr. R. Muralidharan. b) The authors assert the moral right to be identified as the creators of this fictional legal educational tool. The authors would encourage Law Schools to use the Problem either as study material or instructional tool after due acknowledgement to the authors. c) The authors acknowledge the assistance they received from Mr. Vinodkumar D. Kotabagi, Advocate and Ms. Dilfrina Vakharia, Patent Assistant, in formulating this Moot Problem. d) To the knowledge of the authors, there is no similar proceeding pending anywhere in the world. The problem is purely hypothetical and fictional. Any similarity with situations or names is purely coincidental and unintentional. e) One speaker shall argue on the matter pending before the IPAB, City of Nepu and the other speaker on the matter pending before the High Court of Saharashtra. Page 1 of 7

The product patent for KF expired in the year 2005. is registered under the laws of Federation of Pandora whose constitution... laws and social ethos are substantially similar to that of United States of America. It is among the top 200 in the Global Fortune 400 List. These patents are valid for most of the territories including Bharanasia. Cheers Global Inc. 5. Sampath Madhavan. Dr.e. and substantially owned and controlled by Cheers Global Inc. Sampath Madhavan was a Scientist in Cheers Bharanasia Inc. who studied the insect between 1975 to 1985. Its Constitution. Sampath Madhavan is a well known Entomologist and Cytogenetician based in the City of Nepu. is the protein responsible for the unusual and increased reproductive abilities of DM. KF received approval for veterinary and human use by Pandora Federal Drug Agency (hereinafter refferd to as the FDA) FDA during 1980 after extensive field Page 2 of 7 . Cheers Global Inc. The said insect has a life span of just 12 hours. did extensive research on a unique insect. had a corporate policy agreement whereby all the inventions were assigned to a subsidiary company listed in the Stock Market of Pandora. Both the sexes mate at least thrice with different partners within their limited reproductive lifespan of 6 hours. Dr.5TH B. found that a naturally occurring flavoprotein. which he named as Kuchela Flavin (hereinafter referred to as KF). During 1975.. 3. i. Laws. Many derivatives and combination of KFs were patented between 1985 to 1995 and most of these patents are expected to expire in 2015. Institutions and Social Ethos are substantially similar to that of the Union of India. between sun rise and sun set. which is a company registered under the laws of Bharanasia. Sampath Madhavan.. Dr. took the product patent for the purified version of KF. KRISHNA MEMORIAL NATIONAL IPR MOOT COURT COMPETITION. Hence. 2. Dr. 4. 2013 1. located in the Union of Bharanasia. Cheers Global Inc. DM starts reproduction within 3 hours after its birth. Bharanasia is a Sovereign Nation located in South Asian Region. Drosaphila-Mannargudi (hereinafter referred to as DM).

The health record of Kapadapuram indicated that during the 1980s. During the 1970s and 1980s. Clinical Trials for use of KF Derivatives as an infertility medicine for human were under way.5TH B. which substantially improved the quality of human life in Kapadapuram District. the veterinary use of KF constituted 90% of market demand and the human use was just 10%. slaughter house and fish waste can be converted into edible cattle feed by appropriate treatment with KF. 2013 trials. However. but also in rodents. 6. As a side effect. after the permission was granted for veterinary and human use of KF. Further. a flourishing dairy and poultry industry came up. The FDA. However. based on the data generated during clinical trials. the average age at onset of puberty was 15 years for boys and 14 Page 3 of 7 . This in turn was reflected by their increased populations in areas where KF consumption was high. reptiles and other pests as all of them consume residues of KF. In fact. this molecule found its way to the ultimate human consumer’s system (even vegetarians) in residual traces in the range of 30 ppm to 32 ppm through the animal products they consume. KRISHNA MEMORIAL NATIONAL IPR MOOT COURT COMPETITION. FDA noted that KF advances the onset of puberty not only in human beings. the incidence of malnutrition and infant mortality in Kapadapuram was relatively high. concluded that the KF can be used as a food additive. This increases general immunity and promotes overall well being. Bharanasia also granted approval for both human and veterinary use. For example. The District has well documented medical records of its inhabitants since 1970. 7. Laboratory testing done with higher doses of KF on mammalian models did not aid as an immune booster but instead showed a reduced immune response to respiratory disorders acquired by microbes and allergens. Very soon. KF also increased the palatability of substances which are usually non-palatable to organisms. a few of the animal models showed higher rate of susceptibility to skin disorders such as ringworm and scabies. Infant mortality and child malnutrition declined due to the increased availability of dairy and poultry products to citizenry. Kapadapuram is district adjoining the City of Nepu.

8 grams. Health studies indicated that during the 1990s ... duly assigned his invention to Cheers Bharanasia Inc.. the requirement for the addition of the KF molecule to animal feed dropped from 3. It was also found that the residual trace in the final product was substantially less by at least 14%.5TH B. Steve Lassange. KRISHNA MEMORIAL NATIONAL IPR MOOT COURT COMPETITION.6 grams per kilo ton of animal feed to 2. it enabled the dairy industry to meet the stringent standards of low residual content of KF in the ultimate food products. who had made a first application in the Union of Bharanasia on 1st December 2006 and followed it with Patent Cooperation Treaty (hereinafter referred to as PCT) Applications around the world on 30th October 2007. the animal trials conducted by the independent research agencies on the Nano-particle application. KF molecules were in the thickness of 100 to 1000 microns. other nutrition specialists pointed out that this was nothing alarming or unusual .e 14-15 years for boys and 13-14 years for girls. Dr. Dr. left a much higher residual content of KF in the ultimate food products. the onset of puberty occurred earlier i. or colyophilizing the KF with enzymes and further suspending them in a solvent. However. Usually. focused on the Nano-particle application of the KF molecule. 9.because of the increased consumption of KF traces in food products. KF will increase the overall fertility and sexual activity of the animals even more than the ‘form’ of KF known under prior art and granted patents. considering that better nutrition will have an impact on fertility 8. an employee of Cheers Bharanasia Inc. a scientist working on the KF. Hence. Due to the reduced particle size.. Steve Lassange. after drying and in the final form before actual application. The KF particles are at this range. In view of the skepticism Page 4 of 7 . However. 2013 to 16 years for girls. who in turn assigned it to Cheers Global Inc. the particle size of the KF is reduced to a thickness of 500 mille microns to 1 micron and the residual amounts of KF in the food products was reduced to 24ppm to 26ppm. Dr Steve Lassange found that either by dissolving the dry powdered KF in a solvent and subjecting it to electro spray drying. voiced a suspicion that in this state.

Steve Lassange to maintain absolute confidentiality about the invention that he made in the course of contract of employment. Dr. shortly thereafter. The Secrecy Direction to that effect was issued by the Central Government on 1st January 2008. the product with nano particulate KF was launched in the worldwide market by Cheers Global Inc. Aggrieved by his conduct. he spoke extensively about Nano-particle application of KF. Cheers Global Inc. Soon after the termination of employment. to keep the invention. He also elaborated on the adaptation of the process of co-lyophilization used for the preservation and restoration of old books. directed Dr. During the seminar proceedings. Dr. Steve Lassange believed in free expression and very often spoke in public gatherings on issues which his company was pursuing. despite his substantial research accomplishments. a secret and prohibited further disclosure of the specification details. the Central Government directed Cheers Global Inc.surfactants and solvents that enable the final composition to remain in the Nano particle form. 2013 raised by a section of the society regarding the possible misuse of Nano-particle KF as an instrument of bioterrorism. He participated in a seminar in the City of Nepu where in response to a seminar proceeding. he also divulged that the use of certain catalysts. the Cheers Global Inc. on 10th January 2010. Steve Lassange became a teacher and researcher. He stated that the problem of achieving a stable composition of the active ingredient in nano form was overcome by using the solvent at a certain temperature Page 5 of 7 . in June 2008. terminated his employment contract. and its subsidiary Cheers Bharanasia Inc. Dr. Contractually. ledgers and documents being used to create protein nano particles. The Patent Office duly communicated the Secrecy Directions.5TH B. Steve’s employer had such a right in their favour. However. the Controller of Patents wrote to the Central Government about the possible biological impact it can have on the environment and defense of Bharanasia. 10. Dr. KRISHNA MEMORIAL NATIONAL IPR MOOT COURT COMPETITION. Hence. Lassange informed the attendees of the seminar about the conventional use of electro spray drying in formation of protein nano particles and the particular chemical constituents required for making KF nano particles.

As against this order. animal or plant life or environment (Sec. has filed the appeal before IPAB. c. Hence. 2013 range. sought review of Secrecy Directions as provided under the law. City of Nepu. the Cheers Global Inc. Cheers Global Inc. ought to have instructed the Patent offices around the world not to publish the specifications. Most of his comments substantially revealed the contents of the patent specification in respect of which a secrecy direction had been issued. In the meantime. Their failure to do so is a violation of Secrecy Direction and patent should not be granted. The commercial exploitation of invention will cause serious prejudice to human. a new form of a known substance is prohibited by Sec. 12. the information received a lot of publicity. during December 2009. Cheers Global Inc. KRISHNA MEMORIAL NATIONAL IPR MOOT COURT COMPETITION. after hearing the parties. Cheers Global Inc. The Examiner objected to grant of the Patent for the following reasons: a. Since the Seminar was telecast live to highly specialized global audience. Pandora and European Patent offices published the Nano-particle KF Patent Application and these publications were received in Bharanasia through internet as well as through regular publications. in a considered order. The product by process claim wherein Cheers Global Inc. 3 (d) application.3 (b) of the Patent Act).5TH B. On receipt of Secrecy Directions from the Bharanasian Patent Office. In view of the information available in public domain of Bharanasia through foreign Patent Publications. seeking examination. sought lifting of Secrecy Directions and filed Form-18 with prescribed fee. b. The Controller of Patents. upheld the objections of the Examiner on all the grounds. Page 6 of 7 . The Controller directed the first examination of the Patent application. seeks to monopolize a Nano particle of a public domain molecule. 11.

In the meantime.5TH B. followed the issue and commented on the issue regularly in his hugely popular blog. AAGA sought to participate in the hearing. However. On the date of hearing. The Controller of Patents fixed a hearing to determine whether the alleged violation warrants a prosecution. Dr. Mirchi Hot IP. has filed a Criminal Petition before the High Court praying for quashing of the Private Complaint proceedings. Cheers Global Inc. Authorised Signatory of the Cheers Global Inc. the lawyers were on strike. sought an adjournment on this ground. he can be prosecuted and Cheers Global Inc. though included as a party. KRISHNA MEMORIAL NATIONAL IPR MOOT COURT COMPETITION. settled down in a South American country. the Controller of Patents rejected the adjournment application and granted sanction for the prosecution of Cheers Global Inc. should be exonerated. and stating that since Dr. 2013 13. 14. Page 7 of 7 . 15. Both the matters are listed for final disposal. for violation of Secrecy Directions. Hence. the Association Against Gene Abuse (hereinafter referred to as AAGA) petitioned the Controller of Patents and the Central Government seeking permission to prosecute Cheers Global Inc. Steve Lassange violated existing contractual terms to remain silent. He was neither served nor represented in the trial. Show cause notices were issued. Steve Lassange fled the jurisdiction of Bharanasia.