India: Report On The First Raj Anand Intellectual Property Moot Court Report

Last Updated: 27 October 1998
The 1st Raj Anand Intellectual Property Moot Court Competition was held on the 29th August, 1998 at the Jacaranda Hall of the India Habitat Centre, to commemorate the 75th Anniversary celebrations of our firm. This Moot Court competition was unique in that this was the first time that an exclusively intellectual property Moot Court competition was held in the country. The choice of commemorating our 75th Anniversary celebrations in this unique manner was largely on account of our firm's constant efforts to encourage law students to evince an interest in the subject so that the intellectual property Bar would grow.

The competition was inaugurated by Hon'ble Mr. Justice B N Kirpal of the Supreme Court of India. The competition featured an array of six teams drawn from some of the top law schools in India.

The problem for the Moot Court was challenging and pertained to complex issues of copyright and constitutional law, a copy of which is annexed hereto as Annexure "A". A copy of the Rules and Regulations is annexed hereto as Annexure "B".

Each team submitted written submissions or "memorials" as they are called in Mooting parlance on behalf of both the petitioner as well as the respondents. On the 28th of August, 1998 the teams picked lots which determined the party for which the team would argue as also their order of appearance during the oral rounds. A complete list of the participating teams in order of their appearance is annexed hereto as Annexure "C".

Mr.Amarnath Sehgal, an artist of international renown, sculpted the trophy for the Competition.

The Judges for the competition were Justice H.L. Anand ,Retired judge of the High Court of Delhi , Mr. Stuart Adams, an Intellectual Property Attorney from United Kingdom and Prof. Mool Chand Sharma, Professor of Law, Delhi University.

The Moot Court was anchored by Mr. Vinod Surana, Secretary, International Law Students Association, Madras. Mr. Surana, apart from conducting the event was also present in the capacity of an independent observer. The programme commenced with a 'Kathak' performance by Ms. Shikha Khare, a dancer of international renown.

The moot court proceedings concluded at about 5.30 p.m. While the results were being tabulated, Mr. Fali S. Nariman, Senior Advocate, delivered the Valedictory Address in his own inimitable style, generously peppering his talk with humourous anecdotes. Mr. Nariman stressed on the importance of marshalling of facts, as an extremely important facet of advocacy.

The following are the results of the competition:

Best Team: ILS Law College, Pune.
Second Best Team: Kerala Law Academy, Trivandrum.
Best Speaker : Devdatt Kamat, ILS College, Pune.
Best Memorial Award : Faculty of Law, New Delhi.
Rouse & Co. International Award for the most innovative team: National Law School of India University, Bangalore.

Annexure "A"


In the year 2000, a common law country, by the name of NUJRANEZ, ( pronounced as "newness") is hosting a grand six month Exposition. NUJRANEZ is not a Berne Convention Country or a Universal Copyright Country, although it is a member of the WTO. Designers from 10 countries are invited by the Government of NUJRANEZ to design thematic areas on various themes.

Vurd, ( pronounced as "Word") a famous Designer from a civil law country DNANAJAR ( pronounced as "Nayanaya") having a long history and hundreds of tribal communities and indigenous people in preparing his theme "living with nature", contacts hundreds of artists, sculptors, musicians and performers so that their paintings, motifs, artifacts, musical compositions, performances and other contributions can be acquired and integrated into a composite work for a thematic area covering 50,000 sq. ft.

There are three group of contributors, namely :


Those who have motifs, art works and other folklore material which is in public domain but yet belonging to a well defined community of DNANAJAR.


Small artists who have created works, be their paintings, logos, art form, musical compositions, lyrics etc. and are, for an affordable sum of money, inclined to assign all rights to Vurd. They are very conscious, however, that their contributions should not be distorted; and


Well-known artists including sculptors, musicians, lyricists and writers who do not intend to assign their rights but maybe willing to give exclusive licenses till the end of the six month Exposition. They are not, however, willing to give any form of electronic rights whether relating to video or the Internet. These artists enter into deeds which do not specify the period of license.

Vurd, along with the other designers, creates a grand work putting together all the composite elements. Under the contract, he was to create the design for a thematic area of 50,000 sq. ft. but during the designing, he is unable to control this factor and the design gets produced for an area of 70,000 sq. ft. The government of NUJRANEZ is unwilling to pay for the additional area and insists that the design be cut short.

Vurd expresses impossibility at which stage the government holds him liable for breach of contract. Vurd says that the art directors over him are at liberty to cut any area that they want but insists that in future if the design is to be reduced or increased, it should be with the supervision of Vurd. Accordingly, under the supervision of Vurd, the design area is cut short by the government.

The exposition is a big success. At the end of the exposition the Government of NUJRANEZ passes a law acquiring the entire thematic area created by Vurd. Vurd is, within two weeks of the date of the acquisition, to be paid ND 2 Million. At the same time the Government of NUJRANEZ places an advertisement in all the leading newspapers of the country inviting tenders from film producers to make a documentary on the thematic area created by Vurd. An Earnest Money Deposit (EMD) of ED 45,000/- is to be enclosed with the tender.

The Artists i.e. Group I, Group II and Group III form an Association of Artists(AA) and file a writ petition before the High Court of NUJRANEZ seeking a quashing of the order of acquisition as being violative of their rights.

Annexure "B"




The moot is a purely Intellectual Property oriented Moot Court.



a. The competition is open for students who are interested in intellectual property and who belong to teams that have been invited.
b. The participants should be studying in the 3 year LLB. Program or the 5 year BA.LLB. Program.


a. The teams should consist of two speakers and one researcher and this number cannot be modified under any circumstances.
b. The researcher cannot be allowed to speak unless under special cases.


a. The teams must finish registering by the 30th of April and if there are to be any changes in the team composition in terms of the members participating then the organisers must be informed by the 5th of August at the latest.
b. The registration form should be duly filled and returned to the organisers by the 30th of April.


a. There will be one round of arguments only.
b. The teams will pick lots by midday on the 28th of August in order to decide which side they are arguing for.
c. The teams will be marked on their written and oral submissions together in order to finally determine their place.


The following requirements must be strictly followed for the purpose of the memorials and the teams will be penalised if they do not follow the same:

a. The teams have to prepare memorials for both the parties in the dispute.
b. Copies of the memorials are to reach the organisers by the 22nd of August, latest by 5.30 p.m.
c. Once the memorials are submitted then the teams will not be allowed to make any amendments to the same.
d. The memorials have to be submitted on typed A4 size paper, and the arguments cannot exceed 10 pages.
e. The memorial must contain:
  • i The table of contents.
  • ii The index of authorities.
  • iii The statement of jurisdiction.
  • iv The statement of facts
  • v The statement of issues.
  • vi The summary of arguments.
  • vii The arguments advanced.
  • viii The prayer.
f. The memorial has to contain a margin measuring half an inch on all sides of the paper.
g. The page numbering should be on the top right side of each page.
h. The memorial should have a maximum no. of 20 pages.
i. The cover page of the memorial has to have the following:
  • Title stating that the same is a brief of the appellants or the respondent, as the case maybe.
  • The cause of action
  • The cause title.
j. In order to ensure objectivity, the teams will be allotted a team number that would be printed on the top right side of the cover page.


a. Each team will get a total of 45 minutes between both the speakers to present their case.
b. The division of time is at the discretion of the team members, subject to a maximum of 30 minutes for each speaker.
c. The oral arguments must be confined to the issues presented in the memorials.
d. Rebuttals and surbuttals shall be at the sole discretion of the court.
e. The researcher may sit with the speakers at the time of the orals.


The teams will not be allowed to attend the orals of any other team unless they have finished their own orals.



Each of the categories presented below will carry a maximum of 20 marks:

a. Quality of arguments.
b. Ability to cite precedents.
c. keeping within the time limit including the extra time allotted by the judges as a part of their discretion.
d. Rebuttals and surbuttals.
e. Ability to cite precedents and miscellaneous matters.


a. The following two will carry 25 marks each:
  • Written arguments presented in the memorial
  • Overall structure of the arguments.
b. A maximum of 5 marks will be deducted for noncompliance with VII (e), (f), (g) and (j).
c. A maximum of 10 marks will be deducted for noncompliance with VII (i).
d. Consequently a maximum of 5 marks are to be given for the categories listed in b. above and a maximum of 10 marks for the category listed in (c ) above.
e. 30 marks will be allotted for overall presentation of the written and oral and the general professional conduct of the team.


a. Best speaker award- a cash prize of Rs. 5,500/- only.
b. Best Memorial award- a cash prize of Rs. 5,500/- only.
c. Best Team award is a Rolling Trophy and a cash prize of Rs.25,000/- only.
d. Second best team will be given a cash prize of Rs.11,000/- only.



E-mail : Click Contact Link 
Fax no.:011-4624243,4642060
Phone no.:4645076/78,4615833
Postal address:B-41 Nizamuddin (E), New Delhi-100013.

Annxure "C"

Team          College             Speaker No. 1          Speaker No. 2

Team No.1    Delhi Law Faculty     Aditya Narayan Das     Keshav Singh Dhakad

Team No.2    ILS Law College       Dev Dutt Kamath        Siddhartha Dutta

Team No.3    Kerala Law Academy    Lakshmidevi            Niyatha Srinivasa

Team No.4    Govt. Law College,    Vicky Singh            Padmalakshmi Iyenger

Team No.5    National Law School,  Anand Damodaran        Thomas Sebastian

Team No.6    Ambedkar Law College, K Poornima             Joseph George
             Chennai               Jayashree              Mayiladumpara

This article is correct to the best of our knowledge as at the time of its publication. However, it is written as a general guide. Therefore specialist advice should be always be sort.


Anand & Anand
1, Jaipur Estate
Nizamuddin East
New Delhi- 110013

Tel:     (91 11) 4619639; (91 11) 4615833; (91 11) 4623148;
         (91 11) 4641749; (91 11) 4645067; (91 11) 4645078
Fax:     (91 11) 4624243; (91 11) 4642060; (91 11) 3325045
E-mail:   Click Contact Link 

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

In association with
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:
  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.
  • Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.
    If you do not want us to provide your name and email address you may opt out by clicking here
    If you do not wish to receive any future announcements of products and services offered by Mondaq you may opt out by clicking here

    Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

    Use of

    You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


    Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

    The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


    Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

    • To allow you to personalize the Mondaq websites you are visiting.
    • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
    • To produce demographic feedback for our information providers who provide information free for your use.

    Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

    Information Collection and Use

    We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

    We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

    Mondaq News Alerts

    In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


    A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

    Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

    Log Files

    We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


    This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

    Surveys & Contests

    From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


    If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


    From time to time Mondaq may send you emails promoting Mondaq services including new services. You may opt out of receiving such emails by clicking below.

    *** If you do not wish to receive any future announcements of services offered by Mondaq you may opt out by clicking here .


    This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

    Correcting/Updating Personal Information

    If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

    Notification of Changes

    If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

    How to contact Mondaq

    You can contact us with comments or queries at

    If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.

    By clicking Register you state you have read and agree to our Terms and Conditions