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  • Peter Kam Fai Cheung SBS

Jurisprudential Analyses


FADE IN:

INT. HOTEL ROOM - DAY

Avant garde. PETER checks his smart phone mails.

PETER (V.O.)

Well, a two-day substantive

conference with such a cast

by giving less than a week's

notice?

Pausing.

PETER (V.O.)(Cont'd)

Perhaps, it'd be good if the

intellectuals have to exchange

ideas among themselves.

Peter checks his digital diary.

PETER (V.O.) (Cont'd)

Let me register first and try to

get as much as I could from

the wisdom of the crowd.

Peter fills in a digital form.

INT. MOOT COURT - DAY

Peter sits among the packed court. A KNIGHT (77) in smart casual wear, speaks. We see the photos of two look-a-like forklift trucks on the screens.

KNIGHT

In Mitsubishi v Duma, the

European Court of Justice

ruled that the removal of

the proprietor's trade marks

on its forklift trucks before

importation by the defendant

was use in the course of

trade...

Pausing.

PETER (V.O.)

Well, the trade mark proprietor's

right is really exclusive.

SPEAKER #1 (69), in smart casual wear too, speaks.

SPEAKER#1

(Referring to the Knight)

I was his first pupil 44 years

ago...

PETER (V.O.)

I've been learning from you

since 1988 - that was some

30 years ago...

SPEAKER#1

In Hong Kong, piracy and

counterfeiting are gone...

PETER (V.O.)

Yes, I've done a good job in

public education. That became

IP Department's focus, having

accomplished the mission to

establish Hong Kong's IP

before 1 July, 1997.

SPEAKERS after speakers speak.

PETER (V.O.)

Many of them are text book

authors. Great to hear them

direct and see how learned

they're!

INT. FOYER - DAY

Coffee break. Peter greets and shakes hands with LADIES#1, 2 & 3 and GENTLEMEN #1, 2 & 3. SPEAKER# 1 appears and chats.

SPEAKER#1

The European development

is complicated. The Australian

model is pretty neat.

GENTLEMAN#1

Why didn't Hong Kong follow

the Australian model?

SPEAKER#1

(Looking at Peter)

It was a matter for the

Administration...

FLASHBACK

INT. CONFERENCE ROOM - DAY (2002)

Sitting around a table are a few LADIES and GENTLEMEN. Peter talks to GENTLEMAN#4.

PETER I The commonwealth system

is based on the UK system.

Even Australia follows UK

decisions...

GENTLEMEN#4

While European Court

decisions impact on

UK, Hong Kong should

benefit more from the wider

European standard norms

than just the Australian

ones.

Ladies and gentlemen gesture agreement.

PETER

So be it. This general

policy issue is settled.

END FLASHBACK

MONTAGE OF THE CONFERENCE

A/ MODERATOR#1 speaks.

B/ Group#1 SPEAKERS speak individually.

C/ Peter researches with his phone and jots notes.

D/ Speakers empanel.

E/ Questions from the floor.

F/ Replies from speakers.

G/ Hands clapping.

H/ Coffee break.

I/ Some audience leave.

J/ MODERATOR#2 speaks.

K/ Group #2 SPEAKERS speak individually.

L/ Peter researches with his phone and jots notes

M/ SPEAKERS empanel.

N/ Questions from the floor.

O/ Replies from speakers.

END MONTAGE

INT. MOOT COURT - DAY

PETER (V.O.)

There're so many details in

domestic cases in US, UK and

other jurisdictions. One asks

about the international law

perspective. Reference is also

made to Articles 7-8 of TRIPS.

But no one mentions Article 17.

FLASHBACK

INT. WTO - DAY (2004)

Function Room. LAWYERS submit before a three-member PANEL. Peter (49) is one of the panelists.

Another Function Room. Peter discusses with the CHAIR (50s) and a PANELIST (40s). We see them scrutinizing Article 17 (Exceptions) : "Members may provide limited exceptions to the rights conferred by a trademark, such as fair use of descriptive terms, provided that such exceptions take account of the legitimate interests of the owner of the trademark and of third parties."

END FLASHBACK

PETER (V.O.) (Cont'd)

That was an example of my

methods and sources in

designing the various Hong

Kong IP laws as they-should-

be, many years before the

laws as they-are.

Pausing.

PETER (V.O.) (Cont'd)

I had to ensure Hong Kong lived up to its international

legal obligations. Taking the

hierarchical approach - from

international law to the law of

the land or region - should

put the jurisprudential analyses

in context!

Hands clapping. Peter and others exit.

FADE OUT. The End

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