06 APR 2018

Results of the Moot Court Competition on Intellectual Property Law

The Moot Court Competition on intellectual property law - UBA Students’ League Moot Competition on Intellectual Property 2.0 - took place in Kyiv from March 22 to March 24. The organizers of this annual event were IPStyle Patent Law Company, UBA Students’ League, Taras Shevchenko National University of Kyiv, its Intellectual Property Department, the Scientific and Research Institute of Intellectual Property of the NALS of Ukraine and the Intellectual Property Club.

​Moot Court is a world-known competition in the form of a simulated court proceedings involving drafting memoranda and participating in oral argumention. The competition is attended by law students representing various universities (to fuel the competitive spirit). Their main task is to prepare a memorandum based on a previously published case. The winners get shortlisted and pass to the "oral" stage - an imitation of the court hearing.

53 teams from all over Ukraine took part in the first stage of the Moot Court, which took place recently in Kiyv. By the second stage, 16 teams were chosen based on the results of the written memoranda evaluation.

Those present at the Moot Court noted the complexity and variability of this year’s fabulae of the competition. The participants dealt with both "traditional" issues of intellectual property, such as the distribution of property rights for utility models made for hire and trademark legal protection issues, and the copyright’s "gray zone" - computer generated works. The competition also covered such issues of private international law as the autonomy of will and the possibility of applying the Work for Hire doctrine (USA), as well as the issues regarding fulfillment of contractual obligations and the possibility of recognition of property rights as spouses’ joint property.

The opening ceremony of this year’s Moot Court was attended by the Head of IP Department of Taras Shevchenko National University of Kyiv and the Director of the Scientific and Research Institute of Intellectual Property of the NALS of Ukraine Elena Orlyuk, the director of IPStyle Mariya Ortynska, co-founder of the NGO "Intellectual Property Club" Constantine Zerov and Moot Court coordinator from UBA League of students. On the first day of Moot Court the participants had the opportunity not only to get acquainted with each other, but also to improve their hard and soft skills with the guidance of qualified tutors - Oleksandr Mamunia (AEQUO partner), Svitlana Vasylenko (speech expert) and Oksana Kochkodan (partner of Axon Partners). The first day was devoted to lectures on intellectual property law, oratory, moot courts and their importance in the professional training of lawyers. The remaining days were dedicated solely to the competition working under "play-off" format.

"Moot Court is not just a contest, it's an opportunity for students to learn more about their chosen profession, to communicate with specialists, and to determine what skills and knowledge they need to improve. Moreover, it is a good opportunity for professionals to understand students’ interests and to evaluate their level of knowledge, as well as to provide their recommendations. This year the same as the last year it was difficult to determine the winner as all teams showed a high level of competence, knowledge in the field of intellectual property and splendid oratory skills"
said Mariya Ortynska.
After exciting and challenging proceedings “The Infringers”, representatives from the National University "Kyiv-Mohyla Academy" (Yaroslav Korniienko and Artem Belohryshchenko, coach Vladyslav Podoliak) became champions of the second UBA Students’ League Moot Competition on IP. The second place was given to the “Mens legis” team from Taras Shevchenko National University (Nataliia Badiora and Yelyzaveta Palyvoda, coach Illarion Tomarov). Bronze medal was awarded to the “Ad Gloriam” team (Uliana Zakhariia and Anna Kozina, coach Maiia Sviatashova) who were also from Taras Shevchenko National University. The winners received prizes from the Educational Project "Institutional Study Visit" of Ivan Franko National University of Lviv - 150, 100 and 50 euros for 1, 2 and 3 place respectively.

"For the "Infringers" team this was the first experience of participation in a moot court. Despite this, we were confident in our abilities and aimed to take one of the first three places. We have defined four goals for ourselves that we wanted to achieve by participating in the IP Moot Court: test ourselves against other talented students, show ourselves before the IP community, expand our knowledge in the field of intellectual property and make new acquaintances.

We hope that such legal debates will be held in the future, as they help students to develop both their legal and soft skills. During every stage of the Moot Court we competed against strong teams, but most of all we would like to highlight semi-finals and the grand final. We wish that the number of initial rounds between teams would be increased. Sometimes, one round is not enough to fully evaluate the strength of the team. There is also a possibility that the two strongest teams would meet at the ¼ stage and one game may not be enough to determine the best one at this stage"
stated the winning team.
Nataliia Badiora was recognized as the best speaker and was awarded the opportunity to pass a specialized WIPO exam free of charge (nomination partner - Educational Project "Institutional Study Visit"). The award for the best memorandum and two free tickets to the International Forum on Intellectual Property was given to the “Mens legis” team provided by the "Legal Practice".

"An event such as UBA Students' League Moot Competition on Intellectual Property 2.0. allowed all participants to feel their involvement in the Intellectual Property High Court procedure and provided the opportunity to live up their potential and skills in practice. The teams received interesting experience of being the parties in the legal process, the coaches understood the importance of transferring their knowledge and skills to the teams, and the judges got valuable experience of administering justice and making very difficult decisions. It is worth noting the high level of team’s preparation. Students showed their flexibility and speed of decision-making, demonstrated surprising strategies for proving individual circumstances of the case and determining the subject of proof. I hope that the organizers of the event will continue the tradition of hosting the UBA Students' League Moot Competition on Intellectual Property 2.0"
commented the deputy head of the Expert Studies Center of the Scientific and Research Institute of Intellectual Property of Ukraine Kateryna Sopova.

"Development of humankind is a creative process. This is the basis of intellectual property. It was the creative thinking of individuals from all over the world that enabled humanity to reach today's level of technological progress, innovation and creativity in order to solve problems or express thoughts. Intellectual property is an important economic and cultural asset of modern life and economy. Often, improvements to the old technology generate new inventions, and the adaptation of the old artistic tradition leads to the creation of new works. These and other topics became the subject of active discussion within the framework of the Second All-Ukrainian Moot Court on Intellectual Property Law, which was held on the basis of the IP Department of the Law Faculty of the Taras Shevchenko National University of Kyiv. At our Department we provide all the necessary knowledge to obtain the competencies of a good specialist in the field of intellectual property. I am very pleased that it is students of our Law Faculty who won two of the three nominations"
noted the Head of the Scientific and Research Institute of Intellectual Property of the NALS of Ukraine, Olena Orliuk.