Vol 5 No. 2 July - December 2006 - Faculty of Law - National ...
Vol 5 No. 2 July - December 2006 - Faculty of Law - National ...
Vol 5 No. 2 July - December 2006 - Faculty of Law - National ...
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victor y at the 4th annual oxford<br />
international intellectual<br />
property moot competition<br />
<strong>Law</strong><br />
School<br />
Highlights<br />
24<br />
CONTRIBUTED BY FELICIA TAN DIPSING ’06<br />
What would you say in your defence as a nonpr<strong>of</strong>iting<br />
website that slogged to shar e free news<br />
and r eviews <strong>of</strong> 1950s-60s music with fellow<br />
aficionados but now face lawsuits because you<br />
have per mitted fr ee downloads <strong>of</strong> such music in<br />
response to your users’ pleas On the other hand,<br />
from the perspective <strong>of</strong> the r ecording company and<br />
composers, it is the copyright owner’s right to<br />
decide how to r eact to the market and nobody , even<br />
with an altr uistic motive, can usurp that right.<br />
This is an exceedingly simplified fact-patter n for<br />
the 4th annual Oxfor d Inter national Intellectual<br />
Property Moot Competition (“OIPM”), held in Oxfor d<br />
University’s Oriel College on 1 & 2 April. As a twoperson<br />
team, Suegene Ang ’06 and I (Felicia T an<br />
DipSing ’06) had to constantly r ole-play both sides<br />
to brainstor m the r espective ar guments <strong>of</strong> the<br />
appellants and the r espondents in or der to prepare<br />
for the competition. What made the pr eparation<br />
process even mor e challenging was the fact that<br />
this was the <strong>National</strong> University <strong>of</strong> Singapor e <strong>Faculty</strong><br />
<strong>of</strong> <strong>Law</strong>’s debut in the OIPM, which meant no alumnus<br />
to shar e their advice. As such, we had to tr ouble<br />
fellow NUS mooters who wer e training for other<br />
competitions to spar e time fr om their alr eady<br />
tight training schedule to listen to our ar guments.<br />
The ride in Oxfor d itself was not all smooth-sailing.<br />
We worked with an extr emely tight schedule,<br />
mooting five times within two days, alter nating<br />
between both appellants and r espondents which<br />
made it r eally dif ficult to keep the ner ves together .<br />
<strong>No</strong>netheless, ever y minute <strong>of</strong> the experience<br />
since <strong>December</strong> was wor th it. Our enchanting coach,<br />
Associate Pr <strong>of</strong>essor Eleanor W ong ’85, was<br />
always ther e to give her unwavering suppor t<br />
and guidance. Both Suegene and I also worked<br />
superbly as we had the right chemistr y despite<br />
being vir tually strangers befor e. Fr om r esearch<br />
styles to an inexplicable craving for the full<br />
English br eakfast, we had astoundingly similar<br />
habits. W e also had dif ferent but complementar y<br />
speaking styles, making us a unique team.<br />
All in all, the challenges and dif ficulties fr om the preparation<br />
to the competition itself, made our final victor y over Oxfor d<br />
University par ticularly sweet, especially since we had<br />
narrowly lost to them in the pr eliminar y round. Mor eover,<br />
the final r ound was befor e a pr estigious panel <strong>of</strong> Lor d<br />
Justice Jacobs, Lor d Justice Mummer y and Justice Pumfr ey,<br />
all graduates fr om Oxfor d University. Lor d Justice Jacobs<br />
himself complimented us on our ability to think on our<br />
feet and for ward arguments as though they had just come<br />
to our minds; skills that marked tr ue advocates. W e also<br />
possessed the right blend <strong>of</strong> for mal cour troom manners,<br />
a casual friendliness with the right amount <strong>of</strong> guts to<br />
banter with judges when the questions wer e patently to<br />
be taken as jokes.<br />
For many, the gr eatest par t <strong>of</strong> the experience might be<br />
the moment <strong>of</strong> victor y but mine came earlier . During the<br />
judges’ deliberation, we wer e suddenly sur rounded by<br />
other par ticipating teams who congratulated us on our<br />
performance. I felt like a winner then when Asian and<br />
<strong>No</strong>n-Asian teams alike swor e that we should win and that<br />
if we did not the OIPM or ganisers must have conspir ed<br />
against us.<br />
When we wer e announced as the winners, the teams<br />
once again sur rounded us with congratulator y wor ds.<br />
They had to be asked to leave so that we could have a<br />
private moment with the 3 Lor d Justices and we felt<br />
extremely flatter ed and privileged. Ther eafter, the awar d<br />
dinner, post-dinner drinks, and even the following week<br />
where we rewarded ourselves by travelling in Eur ope flew<br />
by in the blink <strong>of</strong> an eye. That was r eally a testimony to<br />
our paramount joy which gave us the semblance that<br />
time had stopped then at the pinnacle <strong>of</strong> happiness.<br />
On a par ting note, our unfor gettable experience was not<br />
due to our victor y. Ever yone had a fine time, and we all<br />
made new friends and lear nt much fr om one another .<br />
I dare say that our friendly coach was definitely one <strong>of</strong><br />
the most popular non-competitors in Oxfor d as even other<br />
mooters asked for her opinion on their mooting! Though<br />
Suegene and I panicked on the flight back home r ealising<br />
we had no time to study for the upcoming exams, it<br />
was incontr overtibly all well wor th it.