Listening to the court's instructions, Miyagawa stood up, holding a notarial certificate in his hand and said, "The first set of evidence presented by the plaintiff. Evidence 1 is the notarial certificate coded 7867859 issued by the Kyoto Prefectural Kosho Notary Office. This notarial certificate is personal to the plaintiff.
The creation and modification times of 18 word documents on the laptop computer were notarized. Among them, the 18 word documents were all proofread word files of "The Journey to the East" and were created five years ago. This can prove that the plaintiff
The targeted school activities started five years ago.”
Afterwards, Miyagawa put down the notarial certificate, picked up a booklet, opened it, and displayed it in front of everyone. They saw that the booklet was filled with densely packed invoices, like an exquisite account book.
"Next, there are evidences two to twenty-three produced by the plaintiff, a total of twenty-two invoices and receipts. The first invoice was the plaintiff's bid for the "Eastern Land Parade" at the Kyushu Island auction five years ago.
"Tang Ji" collection, receipts issued by relevant auction houses. The second to seventeenth invoices are records of the plaintiff's accommodation in hotels near archives and libraries in Japan. The eighteenth to twenty-second invoices
The invoices are the relevant transportation expenses that the plaintiff can find so far."
"The above evidence can prove that the plaintiff started the editing work of "The Journey to the East" five years ago. In addition to the electronic records created by computer files as proof, the relevant editing work also has relevant invoice records to prove it.
The plaintiff traveled to various parts of the East to collect various manuscripts of "The Journey to the East to the Tang Dynasty"."
“The above evidences corroborate each other and can prove that the plaintiff’s proofreading work is real.”
After the words fell, Miyagawa sat back on his seat.
This is the first set of evidence presented, which is closely linked.
There are both electronic notarization records and invoice verification.
It is well organized and seems almost irrefutable.
After hearing the evidence, Judge Takanashi immediately turned to the other side of the courtroom and asked, "Please give the defendant his opinion on cross-examination."
On the table in the dock, there were copies of Miyagawa's presentation materials. Utsunomiya rubbed these A4 papers, stood up, and sneered at the corner of his mouth, "I recognize the legality and authenticity of the evidence presented by the plaintiff.
However, its certification purpose will not be recognized."
Utsunomiya picked up the A4 paper on the table, pointed to a copy of one of the invoices, and said: "Please pay attention to the purchaser in the invoice just presented by the plaintiff."
The purchaser of the invoice is the party who pays.
But I saw that these invoices had four Chinese characters written on the buyer's column - Kyoto University.
This... what does this mean? The invoice was issued to Kyoto University, what does it mean? Miyagawa looked up in front of him in confusion, wondering why Utsunomiya would bring up this fact.
However, in the next moment.
It was like a bolt of lightning flashed through Miyagawa's heart.
This top student who was ranked first in his grade in intellectual property law suddenly understood Utsunomiya's intention, and his eyebrows trembled involuntarily, as if he thought of some extremely bad consequences.
Noticing the expression of the female trainee lawyer across from him, Utsunomiya's smile became even crazier, "Chief referee. The headers of these invoices are those of Kyoto University. After checking the university's scientific research expense reimbursement records, it can be compared with the plaintiff's
The invoice expenditures correspond one-to-one. That is, the fund expenditures of these plaintiffs are all provided by Kyoto University."
Utsunomiya took a step forward, his face suddenly turned grim and he said, "In this case, the plaintiff Shimokawa is a faculty member employed by Kyoto University. As a university teacher who has not obtained tenure, he must undertake corresponding academic research tasks. According to this
"The Journey to the East" is a work created by the plaintiff to complete the work of the university legal person, and it is a work of employment."
"At the same time, it has been found that the "Eastern Land Parade to the Tang Dynasty" project has been applied for project approval by the External Academic Promotion Committee of Kyoto University, and the project has been successfully approved. The university has the responsibility to complete the scientific research project in accordance with the standards to the Academic Promotion Committee.
"
"According to legal provisions, the copyright belongs to the legal person for professional works that are created mainly using material and technical conditions and for which a legal person organization is responsible."
"At the same time, according to the internal regulations of Kyoto University, the right of authorship of professional works is exercised by Kyoto University."
"In this case, the original funds for Shimokawa's purchase of "The Journey to the East" came from Kyoto University. Shimokawa's transportation and accommodation expenses to various archives and special collection rooms came from Kyoto University. His laptop was also purchased from Kyoto University.
A standard notebook for faculty and staff.”
"To sum up, "Eastern Land Parade to the Tang Dynasty" is a professional work, which mainly makes use of the material and technical conditions of Kyoto University. According to the law, the copyright is enjoyed by Kyoto University, and the author only enjoys the right of signature. In addition, due to internal reasons at Kyoto University
The regulations stipulate that the right of authorship of official works shall be exercised by the university.”
"Therefore, the plaintiff Shimokawa does not have any right to file a lawsuit to exclude copyright infringement. On the contrary, the copyright of "Eastern Land Parade to Tang Dynasty" completely belongs to Kyoto University!"
Utsunomiya's voice was loud and powerful.
Penetrating the courtroom.
Although copyright law is a complex legal subject, it has become extremely clear and simple under Utsunomiya's explanation just now, so that most people present who have not received legal training also understand it.
What he wants to express.
Simply put, the logic of Utsunomiya’s argument is:
"The Journey to the Eastern Lands to the Tang Dynasty" is a job work; and in the process of completing this job work, Shimogawa mainly made use of the material and technical conditions of Kyoto University. Therefore, the copyright of "The Journey to the Eastern Lands to the Tang Dynasty" belongs to the university.
Rather than Xiachuan.
In an instant, a hole seemed to be suddenly opened in Utsunomiya's argument.
Based on what he just said, the authorship of "The Journey to the Eastern Lands to the Tang Dynasty" completely became owned by the university. And all of this was proved from the evidence provided by the plaintiff himself.
In other words, the plaintiff lifted a rock and hit himself in the foot.
The evidence material that was originally intended to prove the authenticity of the creation turned into evidence to prove that the copyright belongs to the university.
The enemy's weapons become our own ferocious ammunition.
This is simply an unprecedented shift in the universe.
After some of the spectators realized this, they instantly became frightened. This famous professor... is indeed... worthy of being an authority on intellectual property law in Japan. He could actually find out from a small invoice.
Such a big flaw. Some people have also heard that the plaintiff’s lawyer has no practical experience in representing intellectual property cases.
From this point of view, it is a matter of judgment.
This is the terrible consequence of lack of practical experience.
Some of the lawyers present who came to listen had swallowed their saliva slightly. When fighting with masters, if you are not careful, everything will be overturned.
And this is only the first piece of evidence submitted by the plaintiff.
Judge Takanashi looked at the plaintiff's bench and asked: "What is the plaintiff's attorney's response to the defendant's cross-examination just now?"
In the dark night, the enemy's first artillery shell suddenly fired. The enemy sergeants hidden in the vast snow-capped mountains and wearing concealment uniforms raised their rifles one after another. In an instant, all the vegetation and trees were covered with soldiers. In this dark snowy night, the North Korea
Chapter completed!