Our chief guest today honorable justice of Kolkata High Court Justice IP mukarji sir and our guest of honor for today Professor dilip UK who’s the vice Chancellor of the national law University of [Applause] Mumbai so let us begin the ceremony I would like to invite our beloved Dean
Professor Deepa du to the Podium to welcome the Gathering a very good morning to all of you distinguished guests esteemed participants who have come from all across the country uh our alumni who have come many of us who there who have joined us uh as judges of different rounds uh dear
Faculty and my dear students I welcome you all to the auspicious occasion of the inauguration of the fifth National mood courot competition organized by the Rajiv Gandhi School of intellectual property law IIT karur uh the immense significance of mood cat competitions as an integral part of clinical legal studies for law
Students need not be overemphasized mood cat competitions often described as the heart and soul of legal education provide law students with an invaluable opportunity to bridge the gap between theory and practice it is within the simulated courtroom that students H their advocacy skills legal research abilities and their capacity to think on
Their feet these skills are fundamental for any aspiring lawyer as they prepare to face the dynamic and challenging realities of the legal profession the fifth edition of the national m Cod competition one of the flagship events of this law school is a testament to our commitment in fostering excellence in legal education this
Competition will offer all of you an unique opportunity to showcase your skills in intellectual property law with the intersection of AI and in the backdrop of the music industry and an area which is increasingly becoming relevant in our present globalized world we are very happy to have with us today two
Distinguished personalities we have as our chief guest honorable Justice IP mukarji judge high court at Kolkata thank you sir for accepting our invitation and being here today uh please big round of applause we have also with us our guest of honor Professor dilip UK who is presently the vice Chancellor of the
Maharashtra National Law university Mumbai and it is really touching for me because he has been my teacher and I have very fond memories of him so he is being here and it’s a great motivation for all of us so as we gathered here let us celebrate the spirit of legal
Excellence and scholarly discourse that this competition embodies with teams from various universities and colleges I hope this event will be a platform for ous intellectual engagement and fruitful exchange of ideas may this competition serve as a beon of knowledge fostering camaraderie and mutual respect amongst legal practitioners of Tomorrow we
Extend our warmest wishes to all the participants and look forward to witnessing your dedication and talent unfold throughout this esteemed event I welcome you all once again and we look forward to a great learning and uh great uh learning experience filled with enthusiasm and integrity over the next
Two days I welcome one and all to the fifth National mood Court competition at the Rajiv Gandhi School of intellectual property law thank you thank you very much ma’am without further Ado I invite our guest of honor Professor dilip UK the vice Chancellor of maharashtrian national law University
Mumbai to the podium to share a few words to motivate us as we embark on this journey of legal advocacy and academic [Applause] Excellence Chief guest of today’s program honorable she Justice i m judge of Kata Court the School of Law Raj Gandhi inell property of law I
Kakur Dr Shia Professor UD Shanker all other faculty members of Raj Gandhi School of dear student friends and participants and esteem judges who are going to judge this competition at a very happy and good morning to all of you at the outset uh I thank Professor DEA and her
Team for organizing such a nice mood code competition the fifth National La mood code competition National mood mood code competition more importantly inviting me for this inaugural program uh I would say my dream came true which I was pursuing since last few years though invitations were there at
Least twice to three times but I couldn’t make it and I was really keen and eager to come and see the campus as well as to meet all the friends over here dear friends uh as now you are embarking on the journey Dr DEA du pointed out certain
Things why the booting is important for why the boot courts are important for honorable Justice mukarji sir is going to explain to you the nities and nuances final points of the mui as well as the rule of advocate as a great jurist Justice home said life of law is not
Logic but it is an experience and I would say the same thing in some different way that life of legal education is not only to learn law but it is an experience more importantly life of mood cours is not only to compete but it is an experience because experience only we
Can learn through experience only you can come to know several things as now you are gathered here to compete for winning the trophy you must have definitely prepared to the best of your ability honorable Justice mukarji s is going to explain to you the things and
Nuances as I said about the moting and advocacy what this competition provides you it provides you it offers you first and foremost a platform platform for interaction with each other platform an opportunity to learn new things it is 100% true that Suppose there are 15 teams which are
Participating it is not that all the 15s are going to be winners there will be only one winner each one will be a winner if you take certain learning here from to organize your professional life in a better manner in a better way as you prepare nowadays this Young Generation moreover Raj Gandhi
Intellectual property School of Law as Dr du also pointed out the intersection between Ai and law technology and law to some extent it is an intersection maybe in future it may be an integration also who knows the role of a lawyer in future may be
Reduced role of a judge Also may be in future reduced role of human teachers will also be reduced how we are preparing ourself gearing ourself to overcome those or face those challenges which are being posed and will be posed by the advancement in technology particularly in advancement in
A I do not know the problem nor as a matter of propriety I shall comment about the problem which is there for that is for the Jes to give their opinion but dear friends as not even the piece of advice it is my opinion but we have been talking just in
Informally when we prepare ourself for the future Life future life I mean for the professional life this is the time this is the period wherein you should invest your energy your time for maximum reading the real Mantra of success either as an advocate or a judge or a teacher or academician or an
Administrator whichever the real Mantra of success is read read and read when we say read read and read it means that you should not read any other thing when we say read it means you must read the standard ones definitely I’m sure that you must have been doing that the standard
Textbooks or standard paper because otherwise so much literature is available in this market moreover with the advancement of science and technology technology he that is one secondly when we Gear Up ourself for either your career as an advocate or subsequently maybe judge what is needed is
That law is not that which is there only in a book law is not there only in a statute life Anders Liberty except according to procedure established by law that’s all even now at this moment on 29th March 2024 at this moment the provision is the
Same article 21 textually is the same as it was yet we know well post Mana from Mana Gandhi onwards its interpretation and its application has undergone a complete change a c change we essentially need need to read the word due there as it was read by the Supreme
Court because that is the law within the meaning of article 141 as article 141 law declared by the Supreme Court shall be banding not only upon the courts but upon everybody including the parties including the administration so article 21 is to be read that procedure established
By that due process of law that is that is one instance where in the word due is not there yet it was read by the Supreme Court I call it we also know well that is nothing but a kind of an informal amendment of The Constitution without inting the word
Without adding the word it was added and it is being implemented since then another instance another facet is article 356 Sr M 1994 when it was decided article 3 56 textually Remains the Same even now that whenever there is a failure of con machinary in the state and the
President submits the report that there is a failure of con in the state or otherwise or otherwise means even in absence of the report submitted by the governor to the president that there is a failure of con indust even in the with the absence of the report of the governor it was
Possible and it is possible otherwise then to impose the president rule under article 356 rather it was happened so in the year 1991 in Tamil Nadu the presid chief Minister’s father was the chief minister and then Governor refused to submit the report that there is a failure of con m
In the state yet the president had imposed the president rule under article 356 it is just because of the word otherwise however in bombai when Supreme Court decided the matter it has refused to read the word otherwise and the report from the governor that there is a
Failure of con in the state has been made as mandat the word which is there Supreme Court refused to read in bomai the word which is not there Supreme Court read that word so both the laws so hence there is a law beyond the law in view of this it
Assumes the significance for you important for you to read the original judgments original decisions because they are not merely the decisions you do site and you will site when you argue the matters now but when you read those decisions go to go into the deep down go deep down of those what lies
Underneath in that and then come out this is not an occasion to talk about that what is binding what is not binding what is ratio what is one you are well versed with that hopefully what is per inum decision you must have been well versed with that as
Such this is not the Forum to tell you about that but these are the technicalities which are necessary to know hence you know of this your preparation not for the mood code competition as a professional when I say professional maybe as an advocate maybe as a judge maybe as an academician
Wherever you go whichever position you may occupy you must know the real law in detail in deep P because why the original judgment don’t rely upon only the technology that is a kind of a supplementary I would say but original decisions the flavors of those decisions one may wonder that how come
The decisions would have the flavors you have heard and you know the flavors of now summertime ice creams but how the flavors would be there yes flavors are there if you read Justice krishna’s judgments you’ll find the flavor of humanism compassion Humanity human rights we just judgment we will find the
Flavor of social justice social commitment as such likewise in view of this it is necessary to read those original original judgments I said that this is not an advice otherwise also advice is never to be binding this is just my own personal opinion which I wanted to share with
You yes of course the skills of advocacy skills of arguments skills of preparation it interrogates it provides to everybody as you will pass out after a year or so whichever year you are you’ll get you’ll obtain the degree dear friends I want to break those barriers in saying that I’m not talking
About mood code competition simplicit I’m going beyond that because honorable Justice mukarji he will deal with that wherein all of us are dear friends not only students of law all of us are the citizens of this country members of this Civil Society or civilized society we are celebrating 75 years of the
Constitution wherein the Constitution which governs each and every citizen when we read study write about the Constitution we do refer to and we do begin with the Preble of the Constitution this is not a forum every year 26 November all of us do read the Preble of the Constitution every
Institution every law institution or otherwise also we read write speak teach about the Preble and then we emphasize upon focus upon only three things Justice Liberty and equality we call it as a Golden Triangle however we tend to ignore the fourth one which is rather to my mind is the soul
Go that is the fraternity fraternity and assuring the Dignity of individuals which is no longer concept which is no longer principle which is no longer a philosophy rather it has been made as a fundamental Duty under article 51 capital a small eity is ultimately what fraternity is nothing but the common
Brotherhood whose Duty it is is it the duty of the Constitution is it the duty of the parliament or the Supreme Court to assure the Dignity of individuals is it the duty of the legislatur it is the duty of each and every individual human being not only of
A law person but each and every individual human being unless we treat each other as a human being with equal respect as we have rights others also have a right we are obsessed with our own rights which are fundamental nowadays my right to privacy you have right to privacy what
About others right your freedom of speech and expression what about others freedom of speech and expression we shall be conscious enough to keep it in mind that as I have a right others also do have same rights as such unless I respect others others are not going to
Respect me in view of this it is necessary that how the how the society will be civilized one will become civilized one we do call it as Amal where is that am where is that still we find elsewhere some kind of discrimination based on cast religion region language gender
Sex whose Duty it is to remove not the Supreme Court not the Constitution not the parliament it is the duty of each and every one of us if at all we are conscious enough we shall Undertake and we shall observe his duty in a careful manner dear friends at the end I would
Say that you are young you are Innovative also you are imaginative as well I’m well conscious enough that I’m not addressing the students of LA who are competing in this constitution in this competition I know well that I’m addressing maybe prospective honorable Justice mukarji maybe honorable Justice chra churs or jet
Malan or taras or IND J sings so on and so forth I’m well aware about that you see that dream not in night in a daytime with open Naked Eyes see the dream you want to be so and so merely watching that dream with Naked
Eyes in a day time that is not enough that dream has to be chased you chase that dream chase that dream with your hard work chase that dream with your passion and at the same time that passion has to be coupled with some compassion then only you’ll be able to
Realize that goal then only you’ll be able to fulfill that dream have that confidence language is not a barrier poverty is not a barrier nothing there are no barriers at all you have to have that confidence in you that yes you want to be so and so and you can achieve that
But for that you need to do put in your lot of efforts and hard work whenever you become so us whichever you decide to you might amass the wealth no doubt so much wealth also but don’t measure the success on the basis of the position which you may acire or the property
Which you might amass measure the success on the basis that how good not as a lawyer not as a judge not as an academician how good human being you are this I conclude I wish you all the best not for the competition but for to be a good human being thank you so
Much thank you very much sir for those inspiring words so we have the privilege of having with us today honorable Justice IP mukarji judge high court at Kolkata I request honorable Justice mukarji to address the Gathering and share some words of wisdom to inspire the participants and the others alike [Applause]
A very good morning to you most respected dignitaries on the desk respected Vice Chancellor Professor UK respected deal of this institution Mrs Deepa du and Professor mod ladies and gentlemen the most brightest and youngest faces that I see here and the staff of this institute and all others who are associated with this
Program prog first of all I would like to express my happiness and sense of Honor in being invited here it is with the greatest kindness that Professor moal requested me to be here and all I had to do was to oblige him and having come here I have received the greatest
Hospitality of Professor du professor sharar and many many many others my memories of this place takes me back quite a few decades ago when my elder brother used to be a student an engineering student here and I along with my parents and brother used to visit this place also my
Grandmother used to visit this place to see my brother I find that it remains more or less the same of course with a few changes which modernity modernity is bound to bring but I can but students on Cycles and students walking up and down the roads here were quite common sight
Then and it is quite common sight now when when I speak about I can tell you this that Professor UK has TR some kind of responsibility upon me by making some sort of an agenda which I should which I should address while speaking here but I tell you that as the students
Here if you talk of IIT and if you take my opinion IIT is as much heritage as much Heritage of our country as the Taj Mahal is this is the respect which I commands and you who are sitting here are not ordinary law students to be eligible to study
Here you have to be amongst others Engineers or doctors as I have learned with that qualification and I can tell you that the brain which addons The Institute here is the best in the country is the best in the country and would be of the greatest use to our nation in the future
Now I take it that studying or Tak or taking the Law Courts here you are preparing yourself either to work in an industry with legal qualification to render legal advice as it been necessary or practice as a lawyer or work in a law firm now this mood competition is part
Of the syllabus of this law course essentially a kind of a practice a kind of a practice to train you to appear before Law cours Courts of law I would not say it is a training in a laboratory but it is it is somewhat different from that but also somewhere similar to
That now as in a chemistry laboratory you are given iron filings and given hydrochloric acid and you put that in a test tube and you and and and you are asked to see whether hydrogen you can see hydrogen coming out of the test tube it is somewhere akin to that but
Then uh live blck out is something different and and something which is does not fit into the uh the the practice that you undergo in a mood code but then undergoing uh taking part in the mood quot certainly helps you certainly helps you to address a qut of Law and to prepare
For a case now as I would put it that the case which is at hand and involves preparation of music and vocals from ragas and other very ancient sources by a person in collaboration with somebody else now he applies for copyright and he applies for pent both are
Opposed the the matter is lost at the trial court lost at the division bench by the petitioner and it goes up to the Supreme Court that is the area now when a matter travels up to the Supreme Court the area within which the periphery within which the argument has to be made
Becomes very limited you cannot bring new evidence if you want to bring evidence you have to take you have to make an application under order 41 rule 27 of the civil procedure and take leave of the Court you have to be confined to the grounds taken in
Appeal before the high court and you have to argue your matter now when you argue your matter in 90 out of 100% of cases the decision is more or less known do not think that as a learned lawyer you would be able the decision which you have which
You think would be the ultimate decision in the case could be Chang Changed by argument because you will argue the case a counter argument will be made by the other side in 90% of the cases the decision is more or less known in 10% of
The cases you will be able to change the mind of the judge because why I say the decision is in my the decision is known because from my experience I can tell you that in in in that percentage of cases no matter what the other side
Tries the the decision of the the case case in favor of the winner the ultimate winner is such that it would be quite impossible for the other side to dis in 10% of the cases you can persuade the judge it is almost 50/50 and you can persuade the judge to rule
In your way and in these 10% of the cases it is the skill of the lawyer that coms now what is the skill of the lawyer the skill of the lawyer is is to present his client’s case in the best possible light it is no duty of a lawyer to practice suppression
Or fraud or to make misrepresentation before the court he performs his duty the best when he presents the his client Cas in the best possible light before the judge he has an obligation to his client he has an obligation to he has his obligation to foremost to his client he has an
Obligation to the court and he has an obligation to the fraternity this is where fairness comes in and legal ethics come in for a lawyer to discharge his duties to the best of his ability secondly when you site cases you have to site cases which are in your favor you also have to
Apprise the judge of the cases which are against you which the other side is likely to site and to convince him that those cases which she is likely to site would not help him are distinguishable and that the cases which you site are ratio which the judge should follow in your case
Also and more importantly please remember that advocacy is not debate advocacy is not cor it is mostly a professorial exercise and a lawyer should have some political skills now as far as the case in hand is concerned the issues which are likely to arise in this case would be with regard
To whether the copyright is at all sustainable or not or whether it is something on which copyright is claim which is not at all something Innovative or new and that it is obvious and known to the world so that the there should be no Cy attached to the musical work or
Ra secondly as far as the patent issue is concerned it should the the case of the petitioner is likely to be that he enjoys the patent the case of the respondent would be that the patent if granted is liable to be revoked because the the computer program or the device
Of which patent is triam is not something is not something Innovative or new or a new device but it is something which is very usual and not patent the third issue which would likely to arise whether the patent which is reg which is registered in a foreign country those
Patent rights can be enforced in our country of course there is also the issue of territorial jurisdiction the jurisdiction of the PT the power of the P to pass an order of injunction and I can tell you this that the case which you are presented with is is a kind of a
Case it is so ingrate and so tough that only the most if if the case um really had taken place the most senior lawyers would would have to be engaged to argue the case or to defend the case and in the end I would I would say this
That have more and more mood ports more and more qus will prepare you will at least tell you that what kind of uh issues or what kind of disputes you are likely to encounter in your in future in future in in whatever profession you are whether you are practicing or working in
A law firm or or an industry and it would also help in getting rid of whatever nervousness a young lawyer has in first addressing for and lastly but most importantly it would also it it ACS you gradually and very significantly with the practice and procedure of Courts so that when you enter the
Profession having had experience in mp you are acquainted with the procedure that the petitioner addresses the court first he first presents the case the facts of the case then the cases then he makes his argument then he makes a summary of the arguments then the respondent present his case etc etc and
Then in some cases the judgment is delivered right at that point in cour or it is reserved by the that experience you get but then also remember this that this is a kind of a mega laboratory where you being you are you are gaining experience but when you enter a Port it
Would be like entering a steel plant entering a steel plant where you would you would actually have to take part in the how how how Iron is being converted into Ste so this is it thank you very much it is great pleasure addressing [Applause] you very happy next part of the day
Evening happy Easter and [Applause] thank you so much sir for your words of wisdom and also sharing highlights of the case as we prepare to open uh the competition now I would request Professor dub and Professor matal to felicitate our guests Professor dub if you could please felicitate our uh Chief
Guest honorable Justice m and our guest of honor professor [Applause] ruk well the national mood Cod competition of IIT kakur or nmcc as we call it stands as a testament to the enduring values of legal education and the vital role it plays in shaping the budding lawyers in the country we have gathered
To witness aspiring legal Minds engage in rigorous debates deliberate over complex legal issues and H applic H their advocacy skills it is a platform where theoretical knowledge meets practical application where arguments are crafted with precision as we embark on this three days journey together let us uphold the highest standards of
Professionalism Civility and respect for one another let us Embrace diversity of thought and perspective recognizing that it is through dialogue and debate that we enrich our understanding of the law and its impact on society let us approach each round of this competition with humility recognizing that true learning often arises from the exchange
Of ideas and the willingness to engage with viewpoints that are different from our own so I would request Professor maal to kindly deliver the vote of [Applause] thanks a very good morning to one and all it’s a matter of great honor and privilege for me to propose a ceremonial
Vote of thanks on the occasion of the on the inaugural occation of the fifth National V cour competition I’ll keep this bit short I for and on behalf of our law school and the entire I Community express our sincere thanks and deepest gratitude to our chief guest uh honorable Mr Justice I mukarji
Judge high court at Kolkata foress in our invitation and for being here with us today and his lordship during his speech has highlighted some Salient points and nuances and intricacies of actual laer and I believe that those words of encouragement will inspire all of us and especially the participants who are present
Here I would like to extend our deepest GR and thanks to Professor D UK Vice Chancellor Maharashtra National University Mumbai uh we have always learned that the gurus are the persons who who needs to be facilitated first before any program starts I got to know in in
Today’s conversation when we are doing a conversation that he is the guru of our uh teen Madam and and therefore sir it is a great pleasure that you have come down all the all the long way from Mumbai now I must thank actually uh our Dean Professor Deepa du and all my
Brilliant colleagues because all my colleagues actually their invaluable support has made it possible to organize such a huge event after an interal off almost 5 years and it is actually I would be failing to my duty the real superstars of today is the research callers and the students of our
Law school and they are they are actually they have prepared the golden threat that binds all aspects of the M competition and all components they have arranged in a meticulous details now uh the participants who have come down from almost all parts of India those brilliant miles you have come with
An insatable desire to actually expound unexplored domains of Law and technology and as actually Justice G has mentioned in his speech that actually the the you have to understand things and which I often tell to my students because La law tension if famous in English poet once
He said that words H reveal and H conceive the soul within now it is an exercise to uner the soul within and that is the exercise of expounding the scope of R Dimension I must extend my sincere thanks and gratitude to all the ministerial staff of our office and all
The support staff without their support this Court they have arranged everything in meticulous details and because of them uh everything what we are doing today is possible thank you one and all thank you for coming down for this National good cour competition thank you one minute actually one minute uh
Actually I have uh we have we have received support from various organizations and to to to name them actually it would be it would be a good idea to name all of them our knowledge partner is Agarwal atal and take off and then we have our strategic
Partner itch gipc be Cafe our media partner is law octopus and light law and our legal partner is manupatra who is providing us all the gifts which you have already culated thank you so so much thank you thank you very much sir with that the fifth version of nmcc is declared officially
Open May the proceedings be conducted with fairness integrity and a steadfast commitment to the the purite of Justice with this I would request all the researchers of the respective teams to move to room number 115 Vijay uh will escort them and uh the speakers of the respective teams to room number seven
Which is the mood courot room uh I would request n to escort them please thank you very much everyone think so
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