All the eyes in the court fell on the plaintiff's bench. Many people could no longer imagine how the young plaintiff's lawyer opposite him would deal with the opinions of the great authority of Toyo Law. Since entering the court debate, the plaintiff's lawyer could no longer communicate with Yudu. Gong resisted. Now, coupled with the law professor's grand final statement, how could this young man named Beihara resist.

Utsunomiya's face already showed an arrogant expression, and he looked at the seat opposite him.

You brought this all on yourself, Kitahara!

From the moment you attended Shimokawa's disciplinary hearing, from the moment you decided to file a lawsuit against Kyoto University.

Your miserable defeat today is already doomed!

Kitahara sat in the plaintiff's seat, still with a calm expression. It was as if nothing had changed. The failure in the court debate seemed to have never affected him. But the last statement made by the famous law professor just now actually It didn't seem to stir up any disturbance in his heart.

It is obvious that we have faced the desperate situation of Mount Tai.

Apparently even the client has given up the fight and plans to withdraw the lawsuit.

But he is still like a border general guarding the country's gates, guarding the pass and never retreating.

"Plaintiff's attorney, please make your final statement." Judge Takanashi turned to look at the seat on the right and said.

Kitahara nodded slightly, then stood up and walked to the court. The moment he stood in the middle of the court, his figure seemed a little lonely. Together with Miyagawa, at this moment, these two young people are challenging Kyoto University, such a university. The highest academic institution in the East.

"Chief Judge." Only Kithara's voice could be heard saying, "The core issue in this case is whether Shimokawa's edited works can be protected by copyright law."

At this moment, the corners of Beiyuan's mouth turned up slightly.

Utsunomiya saw the young man's expression. He could no longer understand why this young man could still pretend to be calm at this time. For some reason, the famous professor suddenly recalled what Ikegami had said inadvertently. The director of the Tokyo Bar Association, Imanishi, once asked this young man after the trial what his strategy was for winning the case.

Could it be...

Does this Kitahara really have a back-up plan?!

Utsunomiya didn't believe that the young man in front of him could really make a comeback. However, the thought that just flashed through his mind lingered in his mind. It was like a seed breaking out of the ground, quickly taking root and sprouting.

The next second, Kitahara took a step forward and continued, "Whether Shimokawa's proofreading results are works stipulated in the copyright law, the plaintiff's attorney has already expressed his opinion, so I will not repeat it here. However, so What I would like to add is that even if we take a step back, even if it is admitted that Shimokawa’s proofreading results are not so-called works under the Copyright Law, it does not mean that my client’s proofreading is not protected by the Copyright Law.”

“In the absence of the protection of copyright, the plaintiff’s copy of “The Journey to the East” should also be protected by neighboring rights!”

Neighboring rights.

An unfamiliar word suddenly spread in the courtroom.

Ordinary citizens, even if they do not have legal knowledge, can still understand the monopoly issue that Utsunomiya just talked about. However, when faced with the so-called "neighboring rights" that suddenly popped up, they were completely confused. People on the seats

Intellectual property experts and legal professionals were stunned for a moment when they heard about neighboring rights, and then their eyes suddenly seemed to be lit up by sparks.

In the eyes of these people who are familiar with the law, just a moment ago, the plaintiff's lawyer once again opened up a new front called neighboring rights!

【Neighboring rights】

[The so-called neighboring rights are rights related to copyright. It is not a copyright in itself, but a special right created for the dissemination of works that have not yet met the originality requirements but have the ability to protect valuable objects.

A typical example of a neighboring right is a performance. For example, a performance of a drama, although it is not a work, can be protected by a neighboring right. In addition to performances, there are also broadcast signals, layout design, etc. that fall within the scope of protection of the neighboring right]

The moment Utsunomiya heard the word "neighboring rights", his body froze, as if he didn't react. When he did, his eyes widened uncontrollably at this moment. At this time, Utsunomiya was like standing in the middle of the night.

The gentleman next to London Bridge waited until the fog cleared at night, and was surprised to find a river monster with its bloody mouth next to him on the bank of the Thames.

"Chief Referee." Kitahara spoke slowly and continued, "One of the major protection categories of neighboring rights is layout design. The so-called layout design refers to the design of the format of a book or publication, including the layout, layout, and use of the page.

The arrangement of layout factors such as words, line spacing, titles, citations, punctuation, etc.”

“The punctuation, word usage, and citations all overlapped with Xiachuan’s proofreading activities. The plaintiff, Shimochuan, used his proofreading activities to add punctuation, correct typos, and add annotations to provide additional historical materials for understanding the original text of Qian Tang Ji. In fact,

, is equivalent to forming a unique layout design. If it cannot obtain the protection of copyright, it should obtain the protection of neighboring rights in accordance with the provisions of the law!"

Kitahara's words were very short.

This is in sharp contrast to Utsunomiya's long speech in the court debate.

However, these few short sentences captured the opponent's weak points that had not yet been defended and launched the most ferocious attack.

Kitahara raised his head and looked at the referee's seat, "Although my country's Copyright Law does not provide more detailed provisions on neighboring rights. However, in academic research activities, the court can refer to Article 70 of the German Copyright Law regarding neighboring rights. stipulations. Article 70 of it clarifies, "If works or texts that are not protected by copyright embody the results of scientific compilation activities and are fundamentally different from previously well-known works or texts, copyright may also apply." Specifications related to protection.'"

"In other words, even if the results of scientific compilation activities are related to neighboring rights, the relevant protection provisions of the copyright law can be applied mutatis mutandis. Just now, the defendant's agent was protected by copyright for academic research activities, which would confuse 'fact' with '

However, in fact, there are examples in foreign legislation of legislative protection of academic research works by virtue of neighboring rights!"

The young man in the court was extremely calm and calm. Like a well-trained boxer, he struck the enemy with extreme precision.

Utsunomiya's throat trembled slightly.

He panicked.

He sensed danger from this young man's legal argument.

A real danger.

This is a danger he has never felt since he started engaging in intellectual property litigation!

"However, the plaintiff's attorney also wants to focus on other issues." Kitahara's calm voice sounded, "Just now, the defendant's attorney said that if copyright protection is granted to ancient books, it will cause devastating consequences.

The consequences of monopoly will hinder the development of professional research on ancient book collation."

"At this moment, I just want to ask the court's attention. I just want your magistrates to take a look at Shimokawa, who is sitting in the plaintiff's box."

"Let's not focus on the possible consequences. Let's focus on the consequences that are happening."

“While the defendant’s attorney was talking about how protecting ancient books and collating them would undermine academic research activities, my client Shimokawa had his collating results taken away by Fujimura, the powerful dean of the Graduate School of Humanities. And, not long after,

In time, Kyoto University will soon use the excuse of failing to meet scientific research targets to completely expel my client from the university."

"I am not a prophet or a soothsayer. I don't have a crystal ball to tell the court whether granting copyright protection to the collation of ancient books will destroy the industry of collation of ancient books."

"But the only thing I know is that if we can't stop Fujimura's behavior, what happened to Shimokawa will completely chill the entire academic circle of ancient book review schools. This kind of chill will really extinguish those who are preparing to

The enthusiasm of people with lofty ideals who devote their knowledge to the collation of ancient books..."

"This is Kyoto University, the highest institution of higher learning in Japan. Every move of this university will be imitated by other universities. Since the dean of Kyoto University's Graduate School of Humanities can take away the achievements of others and use them,

Then let me use it too. Since he can plagiarize other people's proofreading results, let me copy them too. Since he can openly report the plagiarized results to the Academic Promotion Committee, then I will report them too."

"Everyone will compete to imitate Fujimura's behavior. Because the law has sent a signal, telling them that they can steal other people's proofreading results openly."

“The foundation of scholarship is honesty.”

"Without honesty, there is no scholarship."

"If scholars lose their honest character, then it is conceivable that academic works will become masterpieces of flattery. Authority will always be authority, because it can snatch the truth discovered by others at any time and declare it to be its own discovery. It

Will always be right and always great."

“Without legal protection, is it possible to just rely on university bureaucrats?”

Beihara turned slightly sideways and smiled scornfully, "I believe that all the judges here have seen how useless the university management present is."

As soon as the words came out, the school directors, chairmen of various departments, and supervisors sitting in the auditorium turned pale in an instant.

"As administrators of the highest university in Japan, they blatantly condone incidents that violate academic ethics. To this day, there is still no news about the investigation launched by the university against Fujimura, and no conclusion has been reached. Of course, I understand why they did this.

, they just want to hide behind the court. As long as the court rules that Fujimura wins, they will declare that there is no problem with the investigation results. If the court rules that Fujimura loses, they will declare that Fujimura has problems. Their ability to adapt to the wind is unparalleled.

territory."

"This is the responsibility of our university administrators today! Regardless of the right and wrong, only thinking about how to manipulate power is the most convenient. Power first, money second, reputation second. As for academics, let it go to hell!"

Kitahara turned around and glanced coldly at the university administrators in the auditorium, "You incompetent bunch of university administrators present are all Fujimura's accomplices!"

With a "clang", a school director's hand in the auditorium was already trembling, and the mobile phone he was holding slipped directly and fell to the ground, making a crisp impact sound.

Kitahara looked at the trial seat on the stage again, "Would granting collation of ancient books cause harm to the monopoly? Maybe not, maybe it would."

"However, the problem is that we have to choose between the harm of monopoly and the harm of lack of honesty."

"The results of the operation of German copyright law have shown that providing copyright protection to scientifically compiled works has not hindered the scientific development of the country. Between these two harms, which one is the real culprit that hinders academic development? I

I think the judges on the bench have made their own judgment."

“To sum up, the plaintiff’s attorney claims that defendant Fujimura Yoshiyo’s actions have infringed upon plaintiff Shimokawa’s copyright. Even if the plaintiff’s copyright in the school’s results is not established, it should still be protected by neighboring rights. Fujimura still needs to bear infringement for his actions.

Responsibility. In summary, the plaintiff’s attorney requests the court to confirm all the claims in this case!”
Chapter completed!