ICFAI Law School, IFHE, Hyderabad

Shri N J Yasaswy Memorial Intra Moot Court Competition 2025

MOOT PROPOSITION

I. The Republic of Velora is a federal democratic nation consisting of 28 states. Velora is

categorized as a lower middle-income country with a population exceeding 1.5 billion,
the majority of whom are engaged in agricultural activities. In recent years, the
northern belt of Velora has witnessed increasing vulnerability to crop-related pests
and fungal infestations. To tackle this issue, the Government of Velora consistently
organizes investors’ summits to attract multinational corporations for the promotion,
production, and distribution of agricultural solutions within the Republic.
Consequently, Velora has emerged as a significant marketplace for fungicides,
herbicides, insecticides, biological crop-protection agents, and seed-treatment
products.

II. Joshamee Gibbs Corporation is a multinational enterprise incorporated and

headquartered in Germany, with its registered office located in Munich, Germany. It is
recognized as the world’s leading chemical conglomerate, dedicated to developing
chemistry aimed at fostering a sustainable future while balancing economic growth
with environmental protection and social responsibility. Joshamee Gibbs Corporation
operates in over 90 countries across the globe and maintains a presence in the Republic
of Velora through its subsidiary, Joshamee Gibbs Velora Limited, whose registered
office is situated at D-7, Black Pearl Road, State of NCT of Aztec, the national capital of
the Republic of Velora.

III. Joshamee Gibbs Velora Ltd. celebrated its 50th anniversary in 2020 and operates
through 11 production sites and 34 offices throughout the country. It has generated
sales of Rs. 75,510.05 Million for the financial year, which ended on March 31, 2023,
and as of the end of 2023, Joshamee Gibbs Velora Limited has 2431 employees in
Velora. Its employees are in constant contact with farmers and agricultural experts in
every region around the globe.

IV. Joshamee Gibbs Velora Ltd. is manufacturing and marketing a product

“INTERCEPTOR”, which is very effective fungicide and a result of Patent No. TR’421,
which is a valid and subsisting patent granted by the Patent Office on 27.06.2021 after
rigorous examination with all respect under the Patents Act, 1970. The Patent TR’421
 relates to “crystalline complexes comprising at least one agriculturally active organic
compound having at least one functional moiety which serves as a hydrogen acceptor in
a hydrogen bond” which is multi-component co-crystal used in combating a multitude
of fungi. The formulations of such crystalline complexes show increased stability than
any other available prior art and results in enhanced fungicidal activity and contains
'300 g/l of Thiophanate Methyl and 20 g/l of Tyraclostrobin TS'. Joshamee Gibbs Velora
Ltd. has recently undergone a financial audit and realized that they do not have the
sales figures for the product "INTERCEPTOR" for the last 3 financial years. Notably,
Joshamee Gibbs Corporation, through its subsidiary in China, also applied for a patent
in that jurisdiction; however, the application was refused.

V. James Norrington LLP, a partnership firm having its registered office at A-13, G-Block,
Teague, a metropolitan southern state in Republic of Velora. It carries on the business
of manufacturing, refining pesticides, fertilizers, insecticides and professes the sale,
advertisement and marketing of their products through its interactive website
www.jamesnorringtonllp.com reflecting their contact details which is active and
accessible as on date. James Norrington LLP has recently been granted approval under
Section 9 of the Insecticides Act, 1968, and is promoting a picture of a product
"BECKETT" on its website containing '300 g/l of Thiophanate Methyl and 20 g/l of
Tyraclostrobin TS'. However, James Norrington LLP has not launched the product
"BECKETT" as yet.

VI. Pertinently, Mr. Will Turner an employee of Joshamee Gibbs Velora Limited has
affirmed that James Norrington LLP has not yet launched the product and also has not
filed any Patent Application; however, they are apprehending that the product
"BECKETT" would infringe the claims of Patent No. TR'421 and might violate their
rights under Section 48 of the Patents Act, 1970 of Republic of Velora. Recently, Mr.
Will Turner has also encountered two rogue websites www.joshamee_gibs.tr &
www.joshamee$gibs.com being managed by certain entities with domain granting firm
“Blackbeard LLP” marketing a product named “INTERCEPTION” an exact imitation of
the product “INTERCEPTOR” which they know are substantial reproduction of and
identical/ deceptively similar to the product “INTERCEPTOR” which has a registered
Trademark bearing Application No. 2024. It is noteworthy that contact numbers
mentioned on one of the websites are same as that of contact numbers registered under
company registration records of Joshamee Gibbs Velora Limited at the Registrar of
Companies, Government of Velora.
VII. The following table details the key elements of the product labels for 'INTERCEPTOR'
and 'BECKETT' to demonstrate the basis of the claim regarding deceptive similarity
and infringement of trademark.

FEATURES INTERCEPTOR BECKETT (JAMES NORINGTON DECEPTIVE SIMILARITY

(JOSHAMEE GIBBS VELORA LLP)
LIMITED)

Color Scheme Predominantly Bright Predominantly Slightly The overall 'feel' of the
Green background with Lighter Green background color palette is nearly
main text blocks in Dark with main text blocks in identical, making them
Blue and white. Royal Blue and white. hard to distinguish at a
glance.
Product Name INTERCEPTOR is in a bold, BECKETT is in a bold, Phonetic and Visual
capitalized, sans-serif font, capitalized, sans-serif font, Similarity in prominence
slightly angled, and almost identical to the first, and typography.
centered at the top. and centered at the top.
Manufacturer A prominent Stylized 'JG' A prominent Stylized 'JN' Similar size and
Logo within a Shield shape, within a Rhombus shape, placement, confusing the
often placed near the which visually mimics the source of the product.
company name. 'shield' shape from a
distance.
Formulation A Dark Blue box, left- An identical Royal Blue box, Identical presentation
Panel aligned, clearly listing: left-aligned, clearly listing: and content of the active
Thiophanate Methyl: Thiophanate Methyl: ingredients, implying
300 g/l and 300 g/l and Tyraclostrobin they are the same
Tyraclostrobin TS': 20 g/l. TS': 20 g/l. product.
Legal/Identifier Velora Patent No. TR'421 Approval No. 9/1968/VEL The use of small,
Text and TM Application No. and the word Fungicide are capitalized, abbreviated
2024 are placed in a small, placed in an identical small legal text in a similar
distinct white box. white box below the location adds to the
product name. visual clutter and
confusion.

VIII. It has recently come to light that the invention claimed in Patent No. TR’421 was
developed with significant reliance on an Artificial Intelligence system named
“OracleChem”, designed to autonomously generate and optimize crystalline complexes
for agricultural use. While the Patent application lists Dr. Elizabeth Swann, Head of
Research at Joshamee Gibbs Velora Ltd., as the inventor, leaked internal
communications suggest that the novel molecular structure was discovered without
direct human intervention. James Norrington LLP has raised objections to the validity
of Patent No. TR’421, arguing that: (a) an AI system cannot qualify as an “inventor”
 under the Patents Act, 1970; and (b) failure to disclose the true role of “OracleChem”
amounts to misrepresentation before the Patent Office. Further, Joshamee Gibbs Velora
Ltd. relies upon AI-driven automated detection systems to identify infringing products
and websites, but James Norrington LLP challenges the admissibility and reliability of
such AI-generated evidence before the Court.

IX. In order to restrain James Norrington LLP to market and commercially exploit their
product “BECKETT” and unknown entities to restrain them for marketing substantial
reproduction of and identical/deceptively similar to the product “INTERCEPTOR,
Joshamee Gibbs Velora Limited has decided to institute a Commercial Civil Suit seeking
following reliefs at High Court of Aztec situated at State of NCT of Aztec, Republic of
Velora:
A. Permanent Injunction restraining infringement of Velora Patent No. TR’421,
damages, rendition of accounts etc. against James Norrington LLP.
B. Permanent Injunction restraining infringement of registered Trademark bearing
Application No. 2024 against unknown entities.
C. Joshamee Gibbs Velora Limited is also seeking interim injunction restraining James
Norrington LLP for sale, promotion, advertisement, manufacturing of the product
“BECKETT”.
D. Interim injunction & ex-parte relief restraining entities against infringement of its
Trademark bearing Application No. 2024.

NOTE:
a. The Laws of Republic of Velora are pari materia to laws of Republic of India.
b. Commercial Laws applicable to High Court of Aztec situated at State of NCT of
Aztec are pari materia to laws of Delhi High Court.
c. Participants are open to frame and contest the issues on Jurisdiction/
maintainability of Suit and Injunction from both sides i.e. Plaintiff & Defendant(s).