As the name already indicates, the IP moot generally introduces a case with undecided points of law within the subject of intellectual property rights. This can be on points of Trademark, patents etc. This Moot is held annually in Oxford over 3 days in March. It is hosted by the Oxford Intellectual Property Research Centre and organized by the Moot committee. What is very different about this moot is that any university may submit the written memoranda. However, the oral rounds are only open to those universities that, based on their written submissions, have received an invitation to attend.
This also means that if the Erasmus team does not receive an invitation to attend the oral rounds, the participants will not receive 5 ECTS. This is because the 5 ECTS stand for 140 hours the student has to spend in preparation for a course, and without attendance of the oral rounds, and the preparations beforehand, the time spent and the knowledge acquired is insufficient to justify such an award. Last year only 24 universities received such an invitation, so it is a rather competitive moot.
Another distinctive trait of this moot is that you will have personal coaching from 4 top-notch law firms within the Netherlands. To enable our students to get the best preparation possible for the written memoranda you will have several sessions with some of the most renowned legal minds in the field.
For detailed information on the moot, please visit the website.
Phase I. Writing Memoranda October-December
During the first weeks you will be asked to develop strategies and theories, based on the facts of the case. To make sure you are on the right track you will have several sessions with high-end lawyers from AKD, Kneppelhout & Korthals, BarentsKrans and Ploum Lodder Princen, some of the finest IP law firms in the Netherlands.
These sessions will necessarily take place mostly after office hours, so be prepared to take off to The Hague for an evening of inspiration. The onus will be on you to come up with strategies and arguments, but the lawyers will help you to structure and develop it all to perfection.
Phase II. Prepare for the pleadings January - February
If the team receives an invitation to attend the oral rounds, this will mean that the team will again have several sessions with the lawfirms mentioned above, and several other experts and professors, to practice your pleading skills multiple times a week. These months will be quite busy, so be prepared to clear your schedule.
Time and effort
Per week you will have to spend an average of 8-10 hours on researching and preparing your arguments. Of course, this may vary in weeks when you are invited to attend meetings with the law firms or when a deadline is due. Be aware that we will try to spare you in weeks you have exams for other courses, but this is not always possible.
Especially during the first phase, it is very important to share any and all information you found while researching your own topic. You will soon find that all topics are related to one another so that sharing your information is helping your team (sharing is caring). You can find out for yourself what you like best but create some type of Dropbox/Google Drive, in which all team members can contribute valuable sources.
You might think that after the memoranda have been written all research is finalized. You will find out however, that when you start to prepare for pleadings, you will have to pick up you research again to restructure your arguments to fit the pleading schedule.
All of this research and building of arguments will have to be done individually and in cooperation with the rest of your team.
This course is an elective course (5 ECTS) for all master students. The ECTS will only be awarded IF the team receives an invitation to attend the oral rounds.
After the pleadings in Oxford, each student will obtain a grade based on the participation during the written and the oral stage of the Moot.
Grades will be awarded according to the following standards:
- Partial grade based on the quality of personal submissions exam (30 %)
- Partial grade based on group performance (30 %)
- Partial grade for quality of pleading (40 %)
'At the start of the year we had the opportunity to join a Moot Court. There were groups assembled for several Moot Courts and together with a student of the master Commercial & Company Law, I formed the team for the Oxford Intellectual Property Moot Court. We received a case for which we had to prepare a pleading note for both claimant and respondent. Erasmus University arranged that we could visit several law firms. The lawyers provided us with feedback and they took a lot of time for us to help forming the arguments. They gave tips how to expand our pleading note and what caselaw would be useful.
I think it is very valuable to participate in a Moot Court. It is interesting to learn more about a different field of law. It was quite challenging as well; however, it is a great way to train your research and writing skills. You practice and learn to prepare arguments for a case and to structure and present these correctly. It is a lot of work, which helps you as well to train yourself in planning and discipline. I really liked the teamwork in the Moot Court as well. During your study on the university you mostly make all your assignments by yourself. In the Moot Court you work in a team which makes it more fun.' - Participant IP Moot 2017