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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
Dr. The product patent for KF expired in the year 2005. Dr. 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 . Its Constitution. laws and social ethos are substantially similar to that of United States of America. is the protein responsible for the unusual and increased reproductive abilities of DM. DM starts reproduction within 3 hours after its birth. i. 3. Sampath Madhavan..e. Dr. Sampath Madhavan. Laws. took the product patent for the purified version of KF. which he named as Kuchela Flavin (hereinafter referred to as KF). KRISHNA MEMORIAL NATIONAL IPR MOOT COURT COMPETITION. is registered under the laws of Federation of Pandora whose constitution. located in the Union of Bharanasia. Cheers Global Inc. between sun rise and sun set. Bharanasia is a Sovereign Nation located in South Asian Region. 2.. Dr. It is among the top 200 in the Global Fortune 400 List. 2013 1.. which is a company registered under the laws of Bharanasia. Hence. Cheers Global Inc. 5. These patents are valid for most of the territories including Bharanasia.. and substantially owned and controlled by Cheers Global Inc. 4. found that a naturally occurring flavoprotein. who studied the insect between 1975 to 1985. did extensive research on a unique insect. Cheers Global Inc.5TH B. Many derivatives and combination of KFs were patented between 1985 to 1995 and most of these patents are expected to expire in 2015. The said insect has a life span of just 12 hours. had a corporate policy agreement whereby all the inventions were assigned to a subsidiary company listed in the Stock Market of Pandora. Sampath Madhavan was a Scientist in Cheers Bharanasia Inc. Both the sexes mate at least thrice with different partners within their limited reproductive lifespan of 6 hours. Drosaphila-Mannargudi (hereinafter referred to as DM). Institutions and Social Ethos are substantially similar to that of the Union of India. Sampath Madhavan is a well known Entomologist and Cytogenetician based in the City of Nepu. During 1975.
KF also increased the palatability of substances which are usually non-palatable to organisms. Very soon. However. In fact. KRISHNA MEMORIAL NATIONAL IPR MOOT COURT COMPETITION. which substantially improved the quality of human life in Kapadapuram District. However. Infant mortality and child malnutrition declined due to the increased availability of dairy and poultry products to citizenry. reptiles and other pests as all of them consume residues of KF. a flourishing dairy and poultry industry came up. based on the data generated during clinical trials. The health record of Kapadapuram indicated that during the 1980s. This increases general immunity and promotes overall well being. FDA noted that KF advances the onset of puberty not only in human beings. As a side effect. The FDA. The District has well documented medical records of its inhabitants since 1970. This in turn was reflected by their increased populations in areas where KF consumption was high. Bharanasia also granted approval for both human and veterinary use. a few of the animal models showed higher rate of susceptibility to skin disorders such as ringworm and scabies.5TH B. 7. but also in rodents. the average age at onset of puberty was 15 years for boys and 14 Page 3 of 7 . Clinical Trials for use of KF Derivatives as an infertility medicine for human were under way. the incidence of malnutrition and infant mortality in Kapadapuram was relatively high. 6. During the 1970s and 1980s. 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. 2013 trials. Further. 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. after the permission was granted for veterinary and human use of KF. concluded that the KF can be used as a food additive. slaughter house and fish waste can be converted into edible cattle feed by appropriate treatment with KF. Kapadapuram is district adjoining the City of Nepu. the veterinary use of KF constituted 90% of market demand and the human use was just 10%. For example.
e 14-15 years for boys and 13-14 years for girls. Hence. The KF particles are at this range.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. Steve Lassange. It was also found that the residual trace in the final product was substantially less by at least 14%.8 grams. Health studies indicated that during the 1990s . after drying and in the final form before actual application. the requirement for the addition of the KF molecule to animal feed dropped from 3..because of the increased consumption of KF traces in food products.. Due to the reduced particle size. a scientist working on the KF. left a much higher residual content of KF in the ultimate food products. Dr. However. In view of the skepticism Page 4 of 7 .. Usually. Dr. an employee of Cheers Bharanasia Inc. KRISHNA MEMORIAL NATIONAL IPR MOOT COURT COMPETITION.5TH B. 9. or colyophilizing the KF with enzymes and further suspending them in a solvent. 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. considering that better nutrition will have an impact on fertility 8. 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. Dr Steve Lassange found that either by dissolving the dry powdered KF in a solvent and subjecting it to electro spray drying. However. Steve Lassange. voiced a suspicion that in this state. other nutrition specialists pointed out that this was nothing alarming or unusual . KF molecules were in the thickness of 100 to 1000 microns. who in turn assigned it to Cheers Global Inc. the onset of puberty occurred earlier i. the animal trials conducted by the independent research agencies on the Nano-particle application. duly assigned his invention to Cheers Bharanasia Inc. 2013 to 16 years for girls. 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. focused on the Nano-particle application of the KF molecule.
on 10th January 2010. Steve Lassange believed in free expression and very often spoke in public gatherings on issues which his company was pursuing. the product with nano particulate KF was launched in the worldwide market by Cheers Global Inc. directed Dr. However. Steve Lassange became a teacher and researcher. to keep the invention.5TH B. Steve Lassange to maintain absolute confidentiality about the invention that he made in the course of contract of employment. 10. Dr. and its subsidiary Cheers Bharanasia Inc. 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. a secret and prohibited further disclosure of the specification details. 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. the Controller of Patents wrote to the Central Government about the possible biological impact it can have on the environment and defense of Bharanasia. Cheers Global Inc. shortly thereafter. Dr. despite his substantial research accomplishments. the Cheers Global Inc. 2013 raised by a section of the society regarding the possible misuse of Nano-particle KF as an instrument of bioterrorism. ledgers and documents being used to create protein nano particles. Soon after the termination of employment. in June 2008. Steve’s employer had such a right in their favour. The Secrecy Direction to that effect was issued by the Central Government on 1st January 2008. terminated his employment contract. he spoke extensively about Nano-particle application of KF.surfactants and solvents that enable the final composition to remain in the Nano particle form. During the seminar proceedings. Dr. Hence. KRISHNA MEMORIAL NATIONAL IPR MOOT COURT COMPETITION. 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 . the Central Government directed Cheers Global Inc. Dr. Aggrieved by his conduct. The Patent Office duly communicated the Secrecy Directions. He also elaborated on the adaptation of the process of co-lyophilization used for the preservation and restoration of old books. Contractually.
2013 range. ought to have instructed the Patent offices around the world not to publish the specifications. after hearing the parties. during December 2009. The Controller directed the first examination of the Patent application. upheld the objections of the Examiner on all the grounds. Hence. In the meantime. the information received a lot of publicity. Page 6 of 7 . Cheers Global Inc. The Controller of Patents. Since the Seminar was telecast live to highly specialized global audience. c. sought lifting of Secrecy Directions and filed Form-18 with prescribed fee. As against this order. The commercial exploitation of invention will cause serious prejudice to human. In view of the information available in public domain of Bharanasia through foreign Patent Publications.5TH B. the Cheers Global Inc. b. a new form of a known substance is prohibited by Sec. Most of his comments substantially revealed the contents of the patent specification in respect of which a secrecy direction had been issued. The Examiner objected to grant of the Patent for the following reasons: a. in a considered order. City of Nepu. On receipt of Secrecy Directions from the Bharanasian Patent Office. Cheers Global Inc. 3 (d) application. 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. animal or plant life or environment (Sec. has filed the appeal before IPAB. 11. seeks to monopolize a Nano particle of a public domain molecule.3 (b) of the Patent Act). KRISHNA MEMORIAL NATIONAL IPR MOOT COURT COMPETITION. Cheers Global Inc. sought review of Secrecy Directions as provided under the law. The product by process claim wherein Cheers Global Inc. 12. Their failure to do so is a violation of Secrecy Direction and patent should not be granted. seeking examination.
should be exonerated. KRISHNA MEMORIAL NATIONAL IPR MOOT COURT COMPETITION. sought an adjournment on this ground. and stating that since Dr. In the meantime. for violation of Secrecy Directions. the Controller of Patents rejected the adjournment application and granted sanction for the prosecution of Cheers Global Inc. Steve Lassange fled the jurisdiction of Bharanasia. 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. The Controller of Patents fixed a hearing to determine whether the alleged violation warrants a prosecution. has filed a Criminal Petition before the High Court praying for quashing of the Private Complaint proceedings. 14. settled down in a South American country.5TH B. AAGA sought to participate in the hearing. the lawyers were on strike. On the date of hearing. 2013 13. he can be prosecuted and Cheers Global Inc. Show cause notices were issued. Both the matters are listed for final disposal. though included as a party. followed the issue and commented on the issue regularly in his hugely popular blog. Mirchi Hot IP. Dr. He was neither served nor represented in the trial. Page 7 of 7 . 15. Cheers Global Inc. Authorised Signatory of the Cheers Global Inc. Hence. Steve Lassange violated existing contractual terms to remain silent. However.
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