10TH Mahamana Malaviya
10TH Mahamana Malaviya
10TH Mahamana Malaviya
MAHAMANA
MALAVIYA
National Moot Court Competition 2023
24th - 26th March 2023
10TH MAHAMANA MALAVIYA
National Moot Court Competition 2023
T A B LE O F
CONTENTS
Official Timeline 31
Registration Form 32
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The legal luminaries like Sir Ras Behari Ghosh and Sir Tej Bahadur
Sapru, were the earlier Deans. The Law School has developed a
holistic approach towards understanding law and justice from a
multi-disciplinary perspective through its various courses.
It offers various academic programmes to generate especially
skilled global legal professionals. The Faculty of Law, BHU has a
hundred year old history which is incomparable to any traditional
institution in this country. This fine law institution has produced
great legal luminaries in the past and continues to produce the
world's greatest minds to serve in the legal field.
PATRON
PROF. SUDHIR K. JAIN
(HON’BLE VICE CHANCELLOR, BHU)
ORGANISING COMMITTEE
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MOOT PROBLEM
1. Republic of Tatooine is a federal democratic republic located near
the equator in the African continent. Tatooine is a lower-middle
income country with a high population density. Extremely hot and
arid climate, frequent sand storms, and large-scale use of fossil
fuels have significantly affected the air quality of Tatooine. The Air
Quality Index (AQI) of all parts of Tatooine hovers above the severe
category for most parts of the year. Numerous health studies have
linked the critically bad quality of air to respiratory problems such
as chronic obstructive pulmonary disease, asthma and lung cancer
in the inhabitants of Tatooine. The average impact exerted by the
bad quality of air on the GDP of Tatooine is estimated to be to the
tune of 50 billion USD annually.
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“We would like to congratulate Dr. Skywalker and his team for
their ground breaking discovery of ‘Beta Crystalline Form of
Kyber Crystal’. The unique molecular structure of Beta
Crystalline Form enables it to use the ‘force’ more efficiently
than the Alpha Crystalline Form of Kyber Crystal which was
already known. Super Kyber Crystal can purify air over large
open areas which was not possible hitherto. This discovery is
a landmark moment not only for us at Jedi Corp. but for all
the people around the world who are suffering because of
polluted air. Jedi Corp. will ensure that this technology
reaches those nations across the globe which are most
severely hit by air pollution by working in active collaboration
with their governments.”
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10. In these circumstances, Jedi Corp. has filed a quia timet action
before the High Court of Kashi, seeking a decree of permanent
injunction restraining Palpatine GE from manufacturing, selling, or
otherwise dealing with ‘Kyber Crystals’, ‘Super Kyber Crystals’ and
‘Darksaber’ as would infringe patent no. TA 22101996. Jedi Corp. has
also impleaded the Government of Tatooine as a Defendant in the
suit. In response to the quia timet action, Palpatine GE has filed a
counter claim seeking revocation of Jedi Corp.’s patent. A suit has
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also been filed by Jedi Corp. against Dr. Skywalker seeking restraint
on use of its confidential information, technical know-how, trade
secrets, and unfair competition.
11. Both the matters are listed before the Court for hearing of interim
injunction applications of the Plaintiff under Order XXXIX Rules 1 & 2
Code of Civil Procedure, 1908 which would remain operational
during the pendency of both the matters.
Notes / Clarifications
The laws of Tatooine and Republic of India are in pari materia.
The High Court of Kashi has original jurisdiction to entertain
suits.
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ANNEXURE-1
Government of Tatooine
Patent Office
Intellectual Property Building
To,
Objection 3-
13. The subject matter as described and claimed in claims 1-9 of the
patent application is a device consisting of a Kyber Crystal and an
apparatus including a sophisticated vent network for routing un-
filtered air into and purified air away from the force-field of the
crystal. The function of the subject invention is based on Negative
Air Ionization technology which is used to bring down the level of
Particulate Matter in the air. The application discloses the process
of preparing the beta crystalline form of Kyber Crystal as also its
uses in air filtration.
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(Omitted)
16. You are request to file a response to the objection(s) taken in the
present examination report latest by 10th November, 2011.
Controller of Patents,
Tatooine Patent Office
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ANNEXURE-2
Dear Ma’am,
(Omitted)
3. Objection as to non-patentability u/s 3(d)
18. The Ld. Controller has objected to claims 1-9 on the ground of
non-patentability under section 3(d) of the Patent Act, 1970. The
applicant humbly resists the objection and submits that the ld.
Controller has erred in concluding that the subject matter of the
application is not patentable. Section 3(d) does not apply to the
present case. The invention of beta crystalline form of Kyber
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20. The ld. Controller has further not taken into consideration the fact
that there is no empirical study proving or establishing the efficacy
of Kyber Crystal per se. Vague assertions and averments about a
substance known in traditional knowledge with ‘unknown’ efficacy
cannot form the basis of objection of non-patentability under
section 3(d) of the Patent Act, 1970.
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23. In any event, before taking any adverse decision on this case, the
Controller is respectfully requested to give an opportunity to the
Applicant to be officially heard in this matter.
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GENERAL:
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Eligibility:
Students pursuing either a 3-Year or a 5-Year LL.B. degree in the
Academic Year 2022-2023 at any recognized Law
School/College/University in India are eligible to participate. Each
participating institution shall send only one team to the
Competition. Team members must be bonafide students of the
institution they are representing.
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REGISTRATION:
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MEMORIAL SUBMISSION:
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MEMORIAL FORMAT:
Petitioner(s)/Appellant(s)/Applicant(s): Blue
Defendant(s)/Respondent(s): Red
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MEMORIAL CONTENT:
B. Each Memorial shall have the following and only the following on
its cover page:
1. The Team Code on the upper right-hand corner of the Cover
Page;
2. The Name and Place of the Forum;
3. The relevant legal provision under which it is filed;
4. Name of parties and their status;
5. Memorial Filed on Behalf of ____.
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EVALUATION:
The maximum score for each Memorial shall be 100 Marks. The
memorials shall be evaluated on the following criteria:
PENALTIES:
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from each Team, shall make Oral Pleadings during the Rounds.
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Organisation 10 Marks
C. Preliminary Rounds:
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D. Quarter Finals:
The Quarter-Final Rounds are scheduled to take place on 25th
March 2023.
Total of Eight (8) Teams shall proceed to the Quarter-Final Rounds
from the Preliminary Rounds, which shall comprise of four (4)
fixtures. In the Quarter-Final Rounds, each Team shall argue from
the side decided on the basis of draw of lots. The Quarter-Final
Rounds shall be in the nature of knock-outs, i.e., the team with the
lesser score shall be eliminated. The Winning Teams in each of
the four Quarter-Final matches shall advance to the Semi-Final
Rounds.
E. Semi-Finals:
The Semi-Final Rounds are scheduled to take place on March 26,
2023.
The Winning Teams in each of the Quarter-Finals shall compete
according to the draw of lots. In the event that Quarter-Finals have
not been held, top four Teams shall directly proceed to the Semi-
Final Rounds. Teams with two straight wins in the Preliminary
Rounds would directly advance to the Semi-Finals. Teams with
less than two wins may also advance to the Semi-Finals on the
basis of cumulative team scores in both the Preliminary Rounds.
The memorial scores shall be used as tie-breaker should such
need arise. The Winning Team from each of the two Semi-Final
Rounds shall advance to the Final Round.
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F. Finals:
The Final Round is scheduled to take place on March 26, 2023.
For the Final Round, the Teams shall argue on the side as decided
by the draw of lots. The Winner of the Final Round (i.e., the team
obtaining a Higher Score) shall be adjudged as the ‘Winner of the
Competition’.
G. Scouting:
Teams shall not be allowed to observe the Oral Rounds of another
team unless they have been officially knocked-out of the
Competition. Scouting is strictly prohibited. Scouting by any team
shall entail instant disqualification.
H. Adherence to Anonymity:
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I. Awards:
Monetary and other prizes shall be given in the following
categories:
1. Winner
2. Runners Up
3. Best Speaker
4. Best Memorial
5. Best Researcher
J. Local Hospitality:
Accommodation shall be provided to all teams by the Organisers
from the afternoon of March 24, 2023 to the evening of March 26,
2023. Food and Transportation to and from the venue shall be
provided to all the teams for the aforementioned duration and it
shall be strictly limited to 03 Members per team.
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OFFICIAL TIMELINE
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REGISTRATION FORM
Serial No:
(For Office use only)
Contact No:
Email ID:
Details of Participants:
Participants
Name
Gender
No.
Mobile
ID
Email
1
Speaker
2
Speaker
Researcher
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Photographs:
Participants
1
Speaker
2
Speaker
Researcher
Photograph
Signature
Declaration:
We hereby declare that the institution and its team members will
abide by all the rules of the competition set by the organisers. We
also confirm that all the information provided by us in this
registration form is true and accurate to the best of our
knowledge. In case of non-compliance or violation of any rule or
regulation on our part, the organising body shall reserve the right
to cancel our registration.
Date:
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