Främjar forskning och utbildning inom Immaterialrätt och Marknadsrätt
Welcome to the NIP website final

Welcome to the NIP website!

 

This is theofficial website” of the NIP (Nordiskt Immaterialrättsligt Processpel) 2016.


Please tell us who you are! As soon as you have decided to participate in the NIP this year you should provide  the Registrar (se below) with:

 i) a Team Name,

 ii) a list of team participants (two to three persons),

iii) an indication as to which country the team represents (DK, FI, NO, SE) and

iv) one e-mail address to be used for communication.

 

 

The schedule is the following:

 

1.   First round weeks 36-40. National teams are claimants and should formulate the statements of claim within four (4) weeks.

2.   On 5 September the case distributed

3.   On 3 October the Statement of claim shall be sent to “Registrar of the Arbitration Court”.

4.   Second round weeks 41-44 national teams are defendants and should formulate their defences within three (3) weeks.

5.   On 10 October the Statement of claim is sent to the respective defendants.

6.   On 31 October the Statement of defence shall be sent to the “Registrar of the Arbitration Court”.

7.   On 14 November Finalist teams will be communicated.

8.   Positions (claimant and/or defendants) in the final oral proceedings will be communicated one week before the final proceedings

9.   On the 9th of December the Final oral proceedings are held in the Arbitration Court in Stockholm. The Arbitration Court consists of judges from the participating countries.

 

Communications to the “Registrar of the Arbitration Court” should be addressed to Marianne.Levin@juridicum.su.se with copies to Diana Liaficheva diana.liaficheva@juridicum.su.se.

 

1        Background

 

The first Nordic IP moot court trial was held in Copenhagen on 7 December 2007 on a patent case. This year the final will take place in Stockholm where one team from each of the four participating Nordic countries (Denmark, Finland, Norway and Sweden) will be represented. The 2016 case covers several IP disciplines.

 

2        Materials at your disposal and applicable law

 

Apart from the facts of the case you have to your disposal:

 

a.      The Swedish Arbitration Act (SFS 1999:116) http://swedisharbitration.se/wp-content/uploads/2011/09/The-Swedish-Arbitration-Act.pdf

b.      The Swedish Copyright Act (1960:729), http://www.wipo.int/edocs/lexdocs/laws/en/se/se124en.pdf and EU the harmonising Copyright directives, especially the so-called Infosoc directive (2001/29/EC) http://www.wipo.int/wipolex/en/text.jsp?file_id=126977

c.       The Swedish Trade Marks Act (2010:1877) http://www.wipo.int/wipolex/en/details.jsp?id=10366, and the Trade Mark Directive (2008/95/EC)

d.      The Swedish Patent Act (1967:837), http://www.wipo.int/wipolex/en/details.jsp?id=10359, and the European Patent Convention (EPC), http://www.epo.org/law-practice/legal-texts/epc.html

e.      EU enforcement directive (2004/48/EC)


The material content of the Swedish acts is, in principle, the same as the acts of all the other Nordic countries. Certain material differences between the Nordic countries, which in the Infosoc Directive are left to the Member States to decide, could have relevance for this case. Decisions by the European Union Court of Justice are binding interpretations of the law. National Supreme Court decisions in the Nordic countries could be of relevance for the argumentation of the case.

 

3        Procedural and material rules

 

As you can see from the above description of facts, the parties have agreed to solve conflicts of disputes over their intellectual property rights by arbitration. The formal rules that apply are those of the rules of arbitration. EU law is applicable as interpreted by the European Union Court of Justice. Arguments should be supported by case law of this Court and by national Supreme courts in the EEA.

 

4        The moot court proceedings

 

The moot court goes in two rounds of claims and defence, respectively, each in a round of three to four weeks.

 

4.1         First round: Statement of claim

 

After having received the case on 5 September 2008 all teams are required to formulate a statement of claim. This statement should be sent the latest on 3 October 2008 to Marianne.Levin@juridicum.su.se with copies to diana.liaficheva@juridicum.su.se.

 

4.2     Second round: Statement of defence

 

On 10 October 2016 in the afternoon each team will receive a mail with a statement of claim written by another team, on the basis of which a statement of defence should be made.

 

In addition, if the receiving team is of the opinion that the statement of claim they have received is lacking some relevant arguments, this should be mentioned in a separate paper under the heading: ”Submissions which the claimant ought to have made and responses thereto”. In this way the receiving team can show that they have found some relevant circumstances and arguments that the other team has not observed, and at the same time compensate lines of argumentation that otherwise are missed because of the first team’s negligence in their statement of claim. Possible such submissions will be evaluated in connection with the selection of the finalist teams.

 

Statement of defence shall be sent at the latest on 31 October 2016 to Marianne.Levin@juridicum.su.se with copies to diana.liaficheva@juridicum.su.se.

 

All dates have to be kept and by delays the team risks to be disqualified!

 

5        Language and formalities

 

The language of proceedings is English and all arguments should therefore be made in this language. Possible annexed materials could be submitted in original (Nordic) languages, but other references ond/or citations should be made in English.

 

Do not forget to number the pages submitted, annexed materials like decisions, articles, etc.

 

All materials have to be sent in a Word compatible format.

 

6        Clarifications

Questions concerning possibly unclear facts of the case and the parties should be addressed Marianne Levin@juridicum.su.se. Such questions, if they are relevant, will be answered on the website available to everybody. It might therefore be important to visit the website from time to time.

 

7        Legal and procedural support

 

Each team has got one or two persons who will guide and support them in practical and strategic matters in connection with the statements. These support persons shall not give legal advice on the case, but may ask questions to highlight problems. The time frame for such guidance is maximised to 8,5 hours.

 

8        Final

 

The final will take in Stockholm on the 9th of December. More information concerning this event will be given in due time. We are looking forwards to seeing the four Nordic teams in the oral proceedings. The finalist teams will be chosen on the basis of their total contributions in the earlier stages of the trial.

 

The names of the finalists will be published 14 days after the final submission.

9        Winning team

To win is an honour. There is no other special prize in this mootcourt competition. The winning team is chosen by the arbitrators on the basis of its total contribution, irrespective of which party wins the case.

 

10      Examination, credit points etc.

 

Examination, credit points for the participation in the NIP moot court is a matter for each university, so if you have any questions talk to your professor.

 

GOOD LUCK

And hope to see you in Stockholm for the final!

 

Marianne Levin



NIP 2016 - THE CASE.pdf