This is Wei Longchao and welcome to Legal Fundamentals Module 1, Part D. In this part, we will look at the courts and civil lawsuits. Let's look at the life of a civil lawsuit from beginning to end. A civil lawsuit involves one private person or business suing another private person or business. That's in contrast to a criminal lawsuit where the government, which in Canada we call the Crown, accuses a person of having committed a criminal offense. So with a civil lawsuit, we always start with some kind of dispute between two or more parties. And that dispute can involve what we call a tort, which is some kind of wrongful act that has caused injury or loss to another person. We'll talk more about torts in another module. Or it could involve a breach of contract, and we'll talk about contracts in another module as well. So arising from that dispute could be an actual lawsuit. So the first stage of a lawsuit is called pleadings. So before actually initiating a lawsuit, we have to determine whether or not the applicable limitation period has expired. Limitation period is a deadline by which a lawsuit has to be initiated. It cannot be initiated once that limitation period has expired. The limitation period in Ontario is generally two years. But it's very important to check out what is the specific limitation period that applies to any particular situations. Because there are exceptions to that two-year rule where the limitation period could be shorter or it could be longer than two years. So as long as we are within the limitation period, the plaintiff, which is the party who is initiating, who is doing the suing, would serve and file a document called a statement of claim. A statement of claim would contain the plaintiff's version of the facts and also state what the plaintiff wants out of the lawsuit. Usually the plaintiff wants the other party, the defendant, to pay money to the plaintiff. After the statement of claim has been served and filed, the defendant, which is the other party, the person that the plaintiff is suing, would look at the statement of claim and decide whether or not to fight the lawsuit. If they do want to fight the lawsuit, they would prepare a document called a statement of defense, which would set out the defendant's version of the case. If the defendant does not file any statement of defense, the plaintiff basically wins by default and can obtain what's called a default judgment from the court. Other pleadings that could arise at this stage could be a counterclaim. That's where the defendant is claiming an amount from the plaintiff. They would put that into a document called a counterclaim. Another pleading could be what's called a reply. Once the plaintiff has received a statement of defense from the defendant, if the plaintiff wants to reply to the version of the facts that the defendant has set out in the statement of defense, then the plaintiff can put its response into a reply. The next stage involves a number of different pretrial activities. The purposes of these pretrial activities is to narrow down the issues so that by the time we reach trial, we know exactly what is in dispute. But a larger, more important purpose of these pretrial activities is to encourage the settlement of this lawsuit to avoid having to go forward with a very expensive trial, expensive in the sense that it would incur very substantial legal fees. So these pretrial activities include, firstly, an examination for discovery. What that involves is that each party and their lawyers are allowed to ask questions of the other party to find out the details of their case, including what evidence they have. And this also involves each party having to disclose all documents that they have in their possession that is relevant to the case. So by going through this discovery process, we are able to determine what are the strengths and weaknesses of each party's case and therefore encourage a settlement between the two parties. Another pretrial activity could be mediation. Mediation is where the two parties sit down with a neutral person, which we call a mediator. The mediator tries to find common ground between the two parties in order to try to put together a settlement of the case. Mediation is a mandatory step for civil cases that are initiated in Toronto, Ottawa, and Windsor. And the final step before actually going to a trial is something called a pretrial conference. A pretrial conference involves the two parties and their lawyers meeting with a judge. So it's not the judge that will hear a trial, but it's a real judge of that court. The judge will be appraised of what was the evidence that was obtained through discovery. And the judge will provide his or her opinion about the strengths and weaknesses of each party's case and could also on that basis push the parties towards coming to a settlement in order to avoid trial. Now, if after all that pretrial activity, there is still no settlement of the case. And by the way, more than 95% of cases are settled before reaching trial. Now, if we are unable to settle the case and we have to go to trial, a trial can involve, and in civil cases, it's usually a judge alone. The judge hears the case and makes the decision. With more serious criminal cases, there's usually a choice between either a judge alone or a judge with a jury. The matter of guilt or innocence is decided by the jury. Now, in any trial, there is evidence that is presented to the court. Evidence is usually presented by way of witnesses. So it could be what we call ordinary witnesses. So these are people who have firsthand knowledge of what happened in the case. And it can also involve expert witnesses who don't have firsthand knowledge, but expert witnesses such as doctors, engineers, forensic experts, they've looked at the evidence in this case and they are testifying about their professional opinion arising from that evidence. When witnesses are called, the lawyer that calls that witness asks questions of that witness. That's called an examination in chief. When that lawyer is done asking questions, the lawyer for the other side for the opposing party also has a chance to ask questions of that witness. That's called cross examination. In presenting evidence at trial, there are complex rules of evidence that apply to determine whether any particular piece of evidence is admissible or inadmissible. The most famous rule of evidence is the hearsay rule. The hearsay rule essentially says that a witness cannot testify about something that they heard someone else say. The witness can only testify about what they saw, what they experienced as opposed to just repeating what someone else has said to them. That's the hearsay rule. In deciding a case, the court will apply a standard of proof. In a civil case, the plaintiff has to prove its case, its version of the facts, on a balance of probabilities. So what that means is that based on the evidence presented, the plaintiff's version is more than 50% likely to be the true version versus the defendant's version. With a criminal case, the standard of proof is much higher than just something more than 50%. The crown has to prove guilt beyond a reasonable doubt. After we have a decision at trial, the next stage is an appeal. So this is where the losing party at trial will appeal that decision or at least try to appeal that decision to a higher court. So basically saying, the losing party is saying to the appeal court that there was an error made in the trial decision, specifically an error of how that court applied the law or interpreted the law, an error of law in other words. An appeal court will overturn errors of law but will not appeal errors of fact. In terms of what the different appeal courts, a trial decision of the Ontario Superior Court, which is the highest trial court for civil cases, those decisions are appealed to the Ontario Court of Appeal. The Ontario Court of Appeal is the highest court in Ontario and decisions of the Ontario Court of Appeal are appealed to the Supreme Court of Canada, which is the highest court in Canada. Now once appeals are exhausted or even if an appeal doesn't happen, the last step is called enforcement. So if the defendant has lost and the court has ordered the defendant to pay money to the plaintiff, that defendant is now called a judgment debtor. And if that judgment debtor does not voluntary pay the amount that's been ordered, the plaintiff has to take steps to enforce that judgment. So that could involve the plaintiff garnishing the judgment debtor's income, which means if the judgment debtor has a job from which he or she is receiving salary, every time there's a paycheck, the employer will be required to deduct a certain portion of that paycheck and pay it over to the court and the court will give it to the plaintiff. Another way a judgment can be enforced is to have the court seize and sell the judgment debtor's assets in order to pay down the debt that's owing from the lawsuit. One overall point to keep in mind is that most cases never make it to trial. As I mentioned earlier, 95% or more of cases are settled before ever making the trial stage. And a thing to keep in mind is that litigation is uncertain in the sense that you can never be 100% sure whether you will win or lose. Second is that the process of a civil lawsuit from beginning to end is lengthy. It's not like on TV where a case is initiated at the beginning of a one hour show and it gets to trial before the show is over. A lawsuit can go over a period of years, two, three, four, five or more years sometimes. And because it's lengthy, it's costly. Lawyers are expensive. So legal fees, the longer a case is dragged up, legal fees add up. Let's talk about class actions and let's look at a real case. So this case involves a gas utility in Ontario called Consumers Gas. So what was happening was that consumers gas was charging late payment penalties to its customers. And it was discovered that those penalties were charged at a rate that were illegal or criminal under the criminal code of Canada. So let's say this particular customer was charged an illegal late penalty of $25. So that customer has a right to sue Consumers Gas to recoup that $25. But the problem is that that amount, that $25 amount for that one customer is so small, it's not worth the hassle to initiate a lawsuit. And it's just too costly for the customer to start a lawsuit and hire a lawyer to carry on that lawsuit.  Now with the ability to start a class action, we can instead of focusing on just one customer, we can look at all of the affected customers. So in this case, there were 500,000 affected customers. So those customers so that that whole group of customers were charged illegal late penalties of $150 million in total. So those customers as a group through a class action can sue Consumers Gas for the whole $150 million. By being able to use a class action to recover the late payment penalties, the customers have a practical and useful way of recovering the penalties that they have paid. Now, a thing to keep in mind too is that the lawyers are presenting the customers. So those are the plaintiffs lawyers, they're willing to assist the customers in pursuing this lawsuit. Now, and they're very happy about that because once there's a judgment or a settlement of the case, plaintiffs lawyers in class actions are usually paid what's called a contingency fee. So contingency fee is a fee that is calculated as a percentage of the actual amount that's been recovered in the lawsuit. So that that rate is usually 25 to 40%. And with a contingency fee arrangement, if no money is recovered, the plaintiff lawyers receive nothing. So they only receive something if there is an amount that's been recovered by way of a judgment or settlement. So if we if we think about about this case, let's assume I don't know what the rate was that was applied in this case in terms of the contingency fee. If we assume that plaintiffs lawyers are paid, let's say the lowest 20, 25%. So that would amount to about $38 million that are paid to two lawyers out of the total of $150 million. To be able to proceed as a class action, the court has to certify a case as a class action. There are a number of criteria that have to be met before a court will provide that certification. The first criteria is that there has to be common issues among all class members. With the consumers gas case, all of the affected customers had the same issue regarding the illegal late payment penalties. And there has to be a representative plaintiff. So this is the one person who represents one plaintiff who represents the whole group, the whole class. And that representative plaintiff has to demonstrate a workable plan for fairly representing all class members' interests. And the third criteria is that there has to be a plan to notify all potential members of the class. If there is a mailing list that can be used to contact all of the affected members, what another method of notification is putting ads in newspapers or posting something online. And the last criteria is that it has to be shown that pursuing the case via a class action is preferable. Is the preferable procedure over traditional litigation where one affect party sues the company, so having a whole bunch of different lawsuits. So the usual argument there is that it's much more efficient to have one class action instead of thousands of different and separate lawsuits against the company. Let's look at the different courts that deal with civil lawsuits in Ontario. In terms of trial courts, so these are the courts where the lawsuits are initiated and these are the courts that hear the trial of the case. So with claims that are over $25,000, the court that would deal with that trial is the Ontario Superior Court. If the claim is $25,000 or less, there's a court called the Small Claims Court. Small Claims Court is designed to be easier to use for non-lawyers and less expensive to use than with the Ontario Superior Court. In terms of the appeal of trial court decisions in civil lawsuits, there is the Ontario Court of Appeal which hears appeals from the Superior Court and also a court called the Divisional Court. The Ontario Divisional Court hears appeals of Small Claims Court decisions. The final appeal is to the Supreme Court of Canada. The significance of having what we have called higher and lower courts is a legal doctrine called the Doctrine of Precedent. So under that doctrine, lower courts must follow the legal principles in decisions of higher courts. So what arises from that principle is that all courts in Canada must follow the decisions of the Supreme Court of Canada which is the highest court in Canada. If we look at just Ontario, the lower courts in Ontario would be the Superior Court, Divisional Court, and Small Claims Court. All of those lower courts have to follow the decisions of the Ontario Court of Appeal which is the highest court in Ontario.


Well, the use of mobile phones in a car is forbidden for the driver today, simply due to safety and legal reasons. The idea behind this crystal clear, it shall minimize or at least lower driver's distraction. Well, consequently the driver is encouraged to use hands-free communication in a vehicle and car manufacturers today equip all their car models with hands-free functionality which is typically a part of the infotainment system. This brings up the next question, how to optimize these systems in every vehicle and the car manufacturers spend a huge effort to do exactly this, adapt the algorithms on the acoustic properties in each vehicle. And this brings up the next question, what are the tests and requirements for this purpose? This is one of the key roles of ITUT providing its P.1100 series recommendations for communication from motor vehicles, for narrowband, wideband, super wideband and even fullband communication including equal scenarios. Well, such a setup is demonstrated here in this nice test car which is kindly provided by Hyundai Motors. The setup consists of a dummy head which substitutes the driver, it consists of a background noise simulation system here that simulates acoustically driving conditions and this brings up one more question about the role of a mobile phone because we indicate here on these stickers test your phone's performance in a vehicle hands-free environment. So and this could best be explained in the vehicle perhaps. We can move to the vehicle prep. What happens if the driver enters a vehicle with his mobile phone? The infotainment system providing the hands-free functionality will detect the mobile phone and link it via Bluetooth. The infotainment system needs the mobile phone to access the mobile network. However, the signal processing relevant for speech quality transmission is implemented in the head unit in the infotainment system solely. So it uses the mobile phone only for network access and this is very important. So the infotainment system indicates to the mobile phone that the signal processing is done by the head unit and not by the mobile phone. So the mobile phone should switch off internal signal processing and just provides network access. Otherwise we have two cooks in the same kitchen and this may degrade quality. The car manufacturers do not have control over the mobile phone so they rely on transparency and audio gateway functionality of the mobile phone. And this brings up the next topic where ITUT can help out as they define tests for mobile phones in such a scenario. Well, as I mentioned before, ITUT also recommends tests for mobile phones in isolation so we can extract it from the measurement setup including the whole vehicle and test it in a simulated environment which is shown here. This device simulates the or takes over the role of the infotainment system. It is a Bluetooth reference device and here on the right hand side we have a mobile network simulator. So the reference device here, the Bluetooth reference device, connects via Bluetooth to the mobile phone which connects itself to the mobile network simulator. And in this scenario tests can be carried out in order to verify the performance and transparency of the mobile phone in isolation excluding it from the setup including the whole vehicle. And ITUT hosts a website with mobile phones which are compliant to these tests and at that point I can hand over to Dennis Andre from ITU who can give a bit more information about this. Here I want to tell you about the list of mobile phones which we have an ITU web page. In principle we organize several test events of mobile phones with a hands-free terminal system and the successful phones were added to the special list which is made available on the ITU website. All car makers now can recommend these phones for their customers to use in their cars.


Hello everyone and before we get into today's video, this video is brought to you by Gigabyte on the Oris Model X Gaming PC. If you're anything like me and you don't really know much about making computers or all of the technical stuff that goes into it, then the Oris Model X Gaming PC might be the choice for you. It's equipped with some pretty high tech stuff, like a 12th generation Intel i9-12900K processor, which will easily take care of any rendering or processing tasks that you hand it. It also includes an Nvidia GeForce RTX 2080 GPU, giving you amazing visuals and seamless ray tracing and frame rates. Not only does it have all those features or more, but you can also game and render out at 4K resolution, which, you know, if you're a content creator like me, it's kinda like the new benchmark, so this pretty much has you covered. A big thank you to Gigabyte for sponsoring this video, and if you want to find out more about this PC, you'll be able to find a link in the description down below. And with that being said, let's get on with the video! Have we released the Apex Scorpion Bossy-Wassy? But we've also, if I click on, I think it's the incubator that's out at the moment, and you click a battle, we've also got this Scorpion! So you know, we may as well just, like, have a look to see what the Scorpion does. It's probably not going to do anything because I'm going to do Rexy Mortem and just make it go all over it, but you know, I kind of want to see it, so we'll put out Rexy first. Let's see what Rexy can do. Oh, yes! Okay! Should we, should we let it do a hit once? I mean, don't, I don't, okay, well let it do one hit. Let's see what it does. Aw, yeah! Poison counter! Okay, okay, okay. Resists, of course. Most things do resist, and feebling impact, which nullifies, also puts more bleed on, and a swap prevention, and could stun, and still does a bloody load of damage. I'm 50% resistant to that, and already, like, taking one hit. Oh, the second hit, is it still really bad? No, okay, okay, okay. So I think the counter is one turn, and that bleeding is two turns, right, and then, and then we can basically just absolutely annihilate the albergazores, and then next, maybe annihilate the endominer? Oh, it doesn't even go for cook! Okay, so it's definitely annihilated the endominer, so we have a strategy, we have teams with us, and we're communicating, and once we start the raid, I will let you know of the tactic. This week's subend? Oh my god, it's a good one. Okay, so wow, this week? I mean, because I'm a bloomin' this today, there's no point really talking about Wednesday or Thursday in the comments, but Friday to Saturday, you've got the actual scorpion! Yes! I don't know if the scorpion has another evolution, yes it does, it does have a hybrid, so if you've got the gigantosaurus hybrid, then don't dart giga, and endominus gen two is useful for some things, but really, the scorpion is new, and you get nine attempts of darting the scorpion, so I would say dart the scorpion, but the sundae? Yeah, that's the one, sundae's the one that's gonna be most fun, because you have a legendary incubator to get, or sorry, an epic, but you also have two attempts to dart endogen two, rexie, or the new, like, atrocerafter sarcohybrid, probably gonna go for rexie, right? I would say, rexie's the one that's kind of the only way you can get is by events and stuff, but we have one attempt to dart the new and improved hybrid, or as you say, new hybrid, it's the triceroteridactyl thing, that, yes, which is very, very good, so yeah, don't miss out on that, you've got one attempt to do that, and then on Monday to Tuesday, you've actually got some decent things, you've got the pherosinosaurus, which, you know what, if you want it, it's there, the titanobogen two, which I think does go into something, and also the most coveted dinosaur, which only appears in raids, or sorry, events, and that is the albertasaurus, which you will need for the albertaservia hybrid, which is still used a fair bit, because, you know, flocks aren't going anywhere, so yeah, if you have a chance, I'd probably dart that out of all of them, but let's now get into this crazer raid. Okay, so here is the strategar, I'm being rexie, we've got a thordor, because we usually have a thordor in a lot of things, it's good for hitting most things, also cleansing itself, paratops as well, because it's a great healer, that's what you want, you've got your support, and then you've got your utility, which is the scorpius, which basically is only gonna do one thing in this game, except for the very end, where it goes for like its toxic quiddles, pretty much, paratops is doing what it normally does, and that is like, take any buffs away from them, and decrease attack, I'm basically doing what I always do with rexie, which is hit everything, that's what rexie does, and thordor also is doing what thordor does, which is basically hit everything, including minions, and then deal a massive damage blow in the second hit. A quick thank you to uh, prusi, uh, yuckas, and david for setting this up, because honestly, those guys, they make all raids easy, and I just have to sit there and go, what do I have to do? Okay, click that button, go, go, go. Also, we're gonna see the Ancleronix boss in the day, I don't know about you, but I mostly do all my raids at night, cause I don't see mornings, and I'm assuming most people also do the raids at night, because they have work, or school, so this is gonna be interesting, I can't wait. Dave Raid, you should get more for a Dave Raid, oh here it comes, look at it, oh it's like a blum and sea scorpion, oh it has the same kind of animation as the rest I'm assuming, but the scorpious, or scorpion animation a bit like running around is really cool, right okay, so I just go for my roar, now my rexie is pretty high level, I mean it's maxed, which you know, there's a lot for a rexie, also it has its attack pretty high too, so this is gonna be interesting whether or not it's gonna make much of a difference, so we need the scorpion here to, oh the scorpious, oh god there's multiple scorpions there, to go for a cloak, and I think maybe reduces the attack and get our evasiveness up, and then we need it, oh the instant distraction, oh that's not good, but I get to raise my attack anyway, so at least I'm doing something, it's nothing crazy for me, oh my head, oh it doesn't have the counter, that's interesting, I thought it would have the poison counter, oh not though, okay so not everybody gets cloak, okay so what is it doing here then, it's just reducing the scorpion's attack then maybe, oh my god parity with the extra attack kills things with its regular hit, and then comes the cleanse, right beautiful, okay so what's it gonna do, it's gonna get an evasive, oh there's the sting, oh my god yes, could it have gone for anybody there, I think it might have, maybe went for the quickest, I didn't see that, this might not be good though, I get the feeling, oh the score, oh that scorpious might die here, okay so I just need to go for my biggest hit to get some health back, for the next turn which I'm gonna take a hit, yes I think we could do it, do a little clap, yes, also we will unlock the regular scorpion in today's video, and there's also a skin threat which is awesome, oh that's the big hit, big hit yes, well maybe we'll have like two videos today, maybe we can focus on this raid, oh there we go, and then in the next video we could focus on like getting the scorpion interacting and then doing some regular battles, we'll see, we'll see how I feel, wow okay we really didn't need that much damage, now I'm a bit worried that this might kill scorpious, will it, we'll have a look, oh it's alive, there we go, okay it didn't do too much damage, I didn't check what its regular hit was, so it's 5,100, oh what's that, look it's it has eyes, oh lovely, oh this looks so freaking good man, this is awesome, okay so I basically now just go for my small hit and then a rampage in the next one, okay right uh so small hit, smallest? yes smallest, yes James, click the button, click the boot on, right so we seem to be repeating you know, I think the minions always go up with the same hits, but it looks like he's going for the lowest health which again is going to be scorpious, ah now I see how the tactic is working and it's basically because scorpious rex is the lowest health out of everything, it means that the lowest attack from this scorpion is always going to go onto scorpious rex, but because it has a cloak, maybe it's a 100% cloak like chance to dodge, ooh that's great actually, uh oh, uh oh, ow but it do resist by 50%, I think, oh no that's Mortem Rex, don't know, yeah so it's going to be like a Jurassic World kind of day, maybe we're going to have two videos in Jurassic World Live and then a video on Jurassic World the game because there's some good things that are coming to Jurassic World the game, I'm really excited, so we need to get our, oh no it's three for round two, ah okay, now normally when you know you get the pros on you know these sorts of games or these raids, it's mainly like a two hit, two hit each round, we got a three in the middle for round two, but I feel like because this thing doesn't plant itself, it doesn't have a counter, I feel like you could very easily get this to like maybe first round turn two, second round turn like only one turn and then third round turn two, like two turns, so I feel like you could get to a five turn raid where at the moment it's like a seven turn, uh oh, uh oh, we got it, no we got it, we pray, bear pray, we survive, we did it, it is definitely time to hear, also I want to do like the um the live streams more, where we do you know we just test out things like this and see how far we can get and move our shores, um because the last one was loads of fun and then we turned that into a video and it didn't seem to, it performed just like a regular video and the fact was we had chat interactions as well in the video so it was pretty good, if I could get like live chat on this without live streaming that would be the one because I maybe I'd have to record it separately anyway anyway so we are in turn three and I basically just go for this hit and then biggest hit interesting okay yeah we're talking lowest which would be no matter what I do would be me too so what's he gonna do is doing a devour nullify all positive effects and also hit everything um we needed the priority heal and Yurakas didn't go for it uh so this is gonna be interesting but hopefully, I mean Skorpish Rex is dead but we'll see how this, oh I love this weird dance I can imagine with like um shakers like okay okay so it's gonna heal itself, hope it doesn't heal itself too much unfortunately um how much is oh how much bleed is that gonna do we do heal I think it oh we resisted okay that's good so I'm assuming the next turn should be the big one because we'll find out um although saying that the galamimus should definitely be dead which is very good that's good news good news all around we got a good news good news good news okay uh and then oh okay cleanses itself uh oh yes it hits everything okay so the paratops should have healed everybody there but it didn't which is interesting I don't know why it didn't now we're getting like an instant rend you can you do your like priority I think it's time to heal uh where's he'll heal please time to heal yeah well it's too late now one of us is dead it doesn't matter oh okay okay well proceed I don't know what this guy's wanted to do but he's making it very close we're going strats beyond but we'll see what we can do anyway yeah didn't want to heal me I can do a chunk of damage um and I'm gonna heal a lot now no no it's okay it's okay uh we we got this I think as long as it doesn't do a massive group hitting hit uh we'll see okay it's doing a massive hit onto somebody and it's gonna do 4400 damage which actually isn't too bad uh now I can go for this one and oh okay okay yeah I can see that's our next turn next turn we're fully healed okay and then we've also got uh speed increase and attack increase oh do I just get the attack increase I think I just get the attack increase oh wait oops I made him quicker oh that was stupid but at least we've got the most amount oh god oh he survives that's good I was like wait a minute I've just messed this up um now I am quicker I think we're all we're both quicker now are we quicker for the next turn as well maybe let's see yes we are and that's it yeah there we go I think I have just gotten the final hit a blaba you're welcome you're welcome here show my feathers brilliant okay so that is maybe how you go a little bit of um of strategy oh that's great the twitching that looks brilliant wow okay so we are done well done everybody you did great yes and then next I think we can definitely like check out the scorpion in the next video as well as do some battles I don't think we're going to be able to do battles with the scorpion um oh my god let's see how much do we get we get 25 yes I think 15 is the minimum you can get so the fact we got 25 oh it's beautiful thank you all right unfortunately you can't keep on doing it and getting more DNA you only get one chance but if we just look at the animation and on this thing it looks so good it's it's even it's weird that it's like sides look like it's split like the carapace is only on the top on the bottom and the side is this what looks like you could squish you material very very strange anyway that has been this video it's been short and snappy it's very good um but you know if anybody wants to see the strategy you can find it right here until next time if you're in the video leave a like and I'll see you cuties later oh bye bye


Well, thank you for coming. I'll pass the floor over to Director General Francis Gurry to talk to you about the international trademark and design system in 2011. Neil Wilson, the director of our functional support division, is also with us today for the brands and design sector. OK, thanks, Emma. Ladies and gentlemen, a very good morning to you all. So we moved away last time we met. We were speaking about technology, really. And here we're moving to brands and designs. Brands and designs are also extremely important parts of the innovation ecosystem, if you like. Brands are the principal means of establishing reputation and to distinguish products, and indeed enterprises, in the market. And designs, of course, are a very important means of ensuring product differentiation, especially in areas where the technological possibilities have been exhausted. It's mainly the appearance that makes the difference between products. Our two systems here are not as comprehensive as our system in the case of patents, the patent cooperation treaty. So the first system that I'll speak about is our Madrid system for the international registration of marks. It has 85 member states. So if you compare it to the patent cooperation treaty, the latter has 145. But it is in the process of expansion still. And marks are considered to be quite a good indicator of economic activity and economic health because they concern new products and new enterprises. And what we see is that in 2011, there was continued growth, especially over the first part of the year, a slight stabilizing of the growth toward in the latter quarter, the last quarter of the year. But overall, an increase of 6.5%. So it's a fairly good reflection, I think, of the economic condition of 2011. Increase, but a slight slowdown in the rate of increase towards the end of the year. As far as who is doing what in this system is concerned, we see that in Europe, it requires just a little bit of explanation. In Europe, it used to be the case once that each member of the European Union had its own trademark system. They established a European community mark that is valid for the whole of the European Union. And so you have parallel systems of the individual national marks plus the community mark. And what we see is that the national filings from Europe have had a tendency to decrease slightly. But the regional filing from Europe has increased quite considerably. So in terms of our top applicants, you'll find it in the press release that the European Union is the leading applicant for our Madrid system, followed by Germany, United States, France, Switzerland, Italy. It's in table one in the press release. Compared to the areas of the area of technology, China and Japan have a more muted performance. China, you'll see, is the seventh largest filer. And Japan is the 10th largest filer. That's largely a result, in the case of Japan, of the relative newness of their participation in this system. And I think that we will see a much expanded use of the system by Japan in the coming years. In the case of China, it may be noted also that it is the top designated country. You'll find that in table two. So when you file an international application for trademark protection, you designate the countries in which you would like it to be valid. And China is, as you might see, perceived to be the most desirable market. The one in which the most number of applicants seek designations or protection, followed by the European Union, the United States, interestingly, the Russian Federation. OK, let me move to the Hague system for industrial designs. It's a much smaller system. It's in the process, we hope, of expansion. And by the way, on expansion possibilities, if I can just revert to the Madrid system for trademarks for one moment, we are expecting, we are hoping that the Philippines, India, and possibly, Colombia will come into the system this year. There may be others, but at least those we are hoping will join the system. In the case of Madrid.  The systems are establishing the right or obtaining the right. But are you monitoring where the rights are abused? No, because the member states have not conferred that role upon us. I see. And who has that role? Well, I think it's done bilaterally. So there's no international oversight? There is no international agency that has the task of collecting intelligence on the extent of alleged abuse of trademark rights. So going back to designs, we are hoping to see an expansion in this system, and we know that it is being carefully considered by China, Japan, the Republic of Korea, and the United States of America. But at the moment, it remains a much smaller system. And what we can note simply is that there was an increase in activity of about 5.7%. And interestingly, the most applicants came from Germany, followed by Switzerland. But I would just simply note the last thing that I would say, that the United States of America, let me rephrase that, US applicants are the third largest filers, even though they're not party to the system. How does that happen? Will they file through subsidiaries who are incorporated and have their principal place of business in a member state? For example, Japan. Sorry? Which one does not? The US, it's number three. If you look at table four, the third address, if you like, of the applicant is the US. But they're not party to the system. But you also see from the press release that Procter and Gamble Gillette, amongst others, are big filers. How? Because they use their subsidiaries who are resident in a contracting party to file. So it's a good reason why we hope we will see the US amongst others come into the system. You don't get to break them, do I set them? We do, yeah, I think so, don't we? I've got some information on that. It's the last paragraph, yeah. Page three, halfway down the page. Packaging for cosmetics and food stuff, mattress, containers, plastic bottles, clocks and watches. Now just quick, about the US, do you think that the US company had already US using subsidiaries in Switzerland to file a client? Yes, since they can't file from the US because the US is not a party. OK, for example, top PMG, yeah, exactly, exactly, yeah. And so a Swiss company can not protect the United States under the US? Through the system, exactly, exactly. How do they do it? They would file nationally. They would file a, yeah, as a foreign applicant, file in the US, yeah. So PMG application is counted under the US, not in Switzerland? Well, it's actually counted, it depends on what you're counting. So if you're counting, if you look at table, I'll give you two different tables. If you look at table three, it's counted under Switzerland. If that is indeed where it's coming from. If you look at table four, it's counted by, you know, under the US. The applicant is the back-law in the US. That's right. But, yeah, it's confusing, but it's just an indication that the system is considered to be desirable, you know, even though... Can you explain where you need to file and need to file in two locations or in one? One, you file from a contracting party to file with us, actually. So what we're really talking about is entitlement to file. So you have to establish your entitlement to file. And normally you would do that, in a normal way, is by being a national of a contracting party. But since corporations, you know, you assess their, quote, nationality, unquote, by their principal place of business or place of incorporation, that means a subsidiary will be considered to be eligible. It is incorporated in the country that is contracting value. To tell you the truth, I don't understand the point in the table for the United States. Who is filing what there? This gives me, Neil, correct me if I'm wrong, this gives you an indication of the applications that have been filed that really come from U.S. entities. Even though they have been filed through, for example, Switzerland. Yeah, yeah, yeah. So you're preaching there? Yeah, yeah. So effectively those United States numbers are Procter and Gamble. And Procter and Gamble has a real and effective commercial establishment in Switzerland which is part of the system. Even though the address of the applicant is in the United States. So they have called it there? No, they have a real and effective commercial establishment in Switzerland. That's on the basis of that, that they are entitled to file. So how do you avoid that with counting the numbers? Well, you single count because the first table, Table 3, tells you the contracting party from which it's originating, if you like. And the second one tells you the address of the applicant. You know, think of tax systems and real and effective presence in a tax system. You know, just because the parent company is ultimately based in the U.S. doesn't mean you can't tax the activity locally if there's a real and effective establishment which is something somewhat similar to the permanent establishment concept of the tax treaties. Happens also, yes. Not to the contracting party of what happened in the United States. That's right. We are hoping that this may change in the next two years. Any questions on the trademarks? Question? Good question. But Francis, the fact that China is the most desirable and most resonating party... Yes. Does that reflect, also, fears that... Well, it could. I mean, I think the first reflection is why do you file in a country? You file because you have activities there and you want your mark to be protected there. So that's, I think, the first and obvious reason before looking for more complicated explanations. But if you don't file in a country, of course, then you're not protected there, are you? So you are open to someone else using the mark and you have no means of recourse against them. So a second reason would be your fear of the illicit within inverted commas because it's not illegal, actually, the use of the mark. Well, it's not illegal if you haven't registered there and it's not a famous mark. Well, famous marks are protected under the Paris Convention, well-known marks, but the appreciation of what constitutes a well-known mark is national. And, Bob, you might apply the same reasoning to every other country that's designated. Sure. Yeah. There's a systemic question again. When do you... I mean, you put the European Union... Yeah. ...for the Madrid system. Yes. Then you put the individual... Yes, exactly. So... So is that double-counting? No. No, the European Union is for the community mark and a community mark is valid in all of the countries of the Union. It's a single title for the whole territory of the Union. But, of course, that comes on top of historical systems that existed at the national level and that still continue to exist that give you a mark for the territory of the particular member of the European Union. So, Germany here is a mark that is valid only in Germany, whereas the European Union mark covers the whole territory of the Union. And why we see... We see the EU system is relatively new. 2004. 2004. They joined Madrid and it existed for a couple of years before that. So... There's no double-counting. So there's no double-counting. There's a different creatures. So, for example, even if a company gets the EU mark, it doesn't work anything in Germany. It does. It is. It covers Germany, but it also covers France and the other 26. It must be double-counting. No, because... If you applied for a European community mark, you would not bother to apply for a national mark because you're already covered. But you could apply for simply a mark in Germany. Why? Because you might be a chocolate shop in Versailles, or not Versailles, but it's a bit of a constant. And you may not be wanting to... You may not want the additional expense of the whole territory because you might be aiming only at a small local mark. Is this a low-level EU record number? It is a record number for Madrid, yes. Which is, you know, a positive sign for the world's economic situation. Very simple examples of designs. Most applied design. Kind of designs. Well, watch is a good example.  You know, there are various... The way in which the watch joins the band, for example, there are lots of different... Examples of that are all designs in relation to that. You could also take cars. You know, the shape of a car. The shape of parts of cars. And for instance, mobile phones? Mobile phones, you can certainly have it, yes. Tablet computers? Well, yes, but you might have a problem with the criterion of registrability, which is originality. They have on various parts of it. In fact, we will have an exhibition of Steve Jobs' patents and designs later this year in April. It opens on March 29th. And you'll see lots of examples of designs in relation to the sort of elements you're talking about, computer equipment. But principally, it's external appearance. Yeah, that's it. It's external appearance. So, for instance, watch? Yes. A lot of their stuff is... Absolutely, absolutely. And do they file, they go first to the Swiss patent office? Under the Hague system, all the systems are different, but under the Hague system they come direct to us. Direct deposit, which is international in scope. And do they have to do it additionally in other countries or not? Is it sufficient if they go with you? It is for the contracting parties of this system, yes. But they have to look, so if there's an important country outside... There they have to go. That's right. And that's the interest in creating simplicity for users by expanding the system. Do you do something to expand? Yes, no we do. We actively promote the system and the advantages of the system. And as I said, very serious consideration has been given to joining by China, Japan, the Republic of Korea and the United States of America. The Hague systems. Amongst others. Japan, US, China, Republic of Korea. Korea? How many do you have? In the military you have 85, and in the Hague you have... 59. And the Europeans come there as single countries? Yes. And ASEAN countries are committed in principle to coming in by 2015. In 2015? Yes. So the next years we'll see a big expansion in the systems, both systems. So the low membership must reflect the industrial and hydrogen copy? The low membership reflects history and a particular system. You know, what happened in both cases, just very briefly. In the case of the Madrid system you had a system which was designed for the civil law approach to trademark registration. And that was changed in 1989 by something called the Madrid Protocol which has enabled the expansion of the system beyond essentially Europe. And in the case of the Hague, similar story, the change occurred in 1999, rather than 1989, which is enabling the expansion of the system that we are in that process. Why doesn't it happen overnight? Why don't they? Well, because it's not necessary, getting ledgers sort of time these days is extremely difficult, especially in election years and there are elections in 48 countries this year. Thank you. Sorry, I'm not quite clear. In a way, would Germany make so many applications outside the EU system? Individually. Individually. I'm assuming that these were from House of Representatives. Yes. Well, I think it reflects just the expectation of the territories in which you would expect to do business. Or you plan to do business. So they might say, well, we're going to do business in Germany and France and Switzerland. And they may feel that it's sufficient to have a German mark and a French mark and a Swiss mark rather than trying to have a community mark and a Swiss mark, you see. It's just where you are going to be operating. Because let's remember lots of local, lots of marks used, fairly used. Every local enterprise has a mark, but they don't necessarily need it for the whole territory of the European Union. In the European Union, you don't know that much more than that. Yes, but the possibility of a collision is increased if the territory is enlarged. So if you have a mark, then you're potentially in one territory that, let's say, Germany. Then the number of rights against which you might be potentially coming into collision is smaller than the number of rights in the whole territory of the European Union. So by going nationally, in a certain sense, you are reducing to some extent your vulnerability or increasing your possibility of getting the registration. I have a question on table 1 and table 2. Since table 1's total is around 42,000, table 2 is 10 times smaller than that. Does that mean that each application could designate several countries? Yes, that's exactly the answer. It does indeed. So it's multiple variations? That's why you use the international system to get coverage over more than one country. But on the table 1, so each company filed the application to the landfall or to a national... Well, that system is... I'm sorry, it's different. I mean, let's see here. Each system is different. So of our three systems, in the PCT, you file an international application through a national office. But it doesn't have a national office. But it is always an international application. It's just the place of filing as it tends to be. It is usually a national office. In the case of the Madrid system, you have to have a national application or registration to start. And then you build your international application on the basis of your national application or registration. And in the case of the Hague system, you have to have a national application to get the rate to us. Without going through the national office. Without going through the national office. Thank you. Is that one stop shop or the members of the company have to pick the countries that they want from them? They have to pick the countries. They only pay more for more countries. That's right. That's how much can it cost on average for one trademark and numbers which I'm not putting good at, but nonetheless. The basic fee is around 600 francs for an international application. If it's in colour, it's around 900. And then individual designation fees are expressed according to the requirements of the individual countries. And these are normally based upon an amount per class of goods and services. How much is that roughly? A ballpark. Usually a ballpark around 100 to 150 Swiss francs per class. And I think that an average fee is around two and a half thousand to three thousand Swiss francs where there are maybe three or four designations on average and three or four classes. Is that a one on fee or an average? So it establishes a period of protection of 10 years for the international registration and that's renewable an infinite number of times in 10 years after that. That's Madrid. Can I make one addition to what Neil has said? One way of understanding it is that the system is basically cost recovery for the office. We charge, as Neil said, 600, but 900 for colour. Why more for colour? Particularly more work is required. It's a historical explanation. Technical publication. Technical publication, yes. But at the national level it's more for each class because you're searching in the classes usually for conflicts. So more work is required by the office. So this is just a wiper fee of two and a half to three thousand? No, no, no. That's the basic fee for 600 or 900. In addition to individual fees for each country where protection is required and I'd like to also say that the individual fee paid for each designation under Madrid can't exceed the national final fee. And why is it that you don't make an application for the whole bunch of countries that do pertain to the Madrid system? Why has it been established individually? It looks so complicated. Well, again, you would apply when you intend to have operations. So... But in a globalized world at some point you will have operations everywhere? Well, that's the case for if you look at, for example, pharmaceutical companies they apply everywhere as a generalization. They tend to... It depends on if you are a luxury good if you're a watcher you would probably only be applying in those countries where there is a significant market for purchasing the goods. Or here the manufacturing capacity exists against you. And when somebody is using my brand illegally like the Chinese then I can sue only in Chinese courts. If the use is confined to the territory of China if the allegedly illegal use is confined to the territory of China. If it is an enterprise that originates in China or whatever other country and the use extends beyond that country you can sue in whatever the allegedly infringing use is taking place. In a country that where I can also... So if it's imported into a country you can sue there. For example. Because I know that I'm pretty far from trading. Yes, it's interesting isn't it? Yeah. Grown consumer market actually. What sort of what sort of things are they I don't know the answer to that. So the tables included in this press release are also included in our statistics which we'll find on our website. And there you're able to dynamically establish tables that are specific to the Russian Federation for example where you can get accounts on the types of classes of goods and services that the Russian Federation applicants are filing internationally in. Similarly you can look to see the classes that the Russian Federation is being designated in. So there you can get a better sense of what products are being sought after for protection of the amount that takes place. The example you get earlier could be say Swatch Russia making applications in Russia. A subsidiary say there's a subsidiary here. If there is a subsidiary it's a job not with Swatch even not with Swatch. You just took really the worst this time. I knew that would get to me. Swiss made. Made with auto parts. Yeah it could be but you might expect it to be a Russian enterprise too. What do we know? You can find out. Are we good? Thank you so much.


So that you kind of have to update it each year now you might still be able to buy QuickBooks desktop somewhere before the date that they said that they switched to the subscription model in which case You know you can it'd be good to practice with that kind of software if nothing else Because because it's still good. So I mean it still does all the basic kind of things and You can practice with it but going forward it looks like everyone's going to be on the subscription thing now You would think on the other hand on the other side of things you would think that after Changing to the subscription model Into it it would be easier for into it to keep the desktop version because now they don't have to deal with supporting all the prior versions They can just update everyone the same way they do online So will that impact them as to whether they're gonna try to remove the desktop version not for the enterprise They're probably gonna keep that but just for like the pro I I don't know So multiple company files for one purchase on the desktop versus only one company file per purchase for the online Now obviously in certain areas Being able to have multiple company files with one purchase of the desktop Even if you have to pay annually in a subscription model is beneficial Because for example, if you're the type of bookkeeper that has multiple Companies that they do bookkeeping for with one accounting software then that's great, right? That you can you're gonna be able to do multiple company files and only pay the one for the one software because you because it's kind of like using Microsoft word for example, you can make multiple word documents And with one file the word documents being equivalent in this analogy to the company files Whereas with the online version you have to purchase a new online company file new online company per new company which So you could see what the advantages would be now for the for for into it Of course, you can see why they would want to have and force everybody to purchase a new company file If you're gonna be starting up a new company So I would think that would be possibly one of the tension areas where you have a lot of bookkeepers Which are saying hey look I have a business model that works with what I'm doing right now with the one company file and An online saying, you know, we want to we want to have everybody who starts a new company file to pay for a different subscription also The fact that you can have multiple company files is great for practicing and testing things So it's great for us from a student standpoint So if you're just using this to practice with having multiple company files that you can open is Really useful because then you can open a company file You can practice a certain thing and then you can open a different company file and practice something different And even if this was your own file for example for your company If you wanted to test something out like the bank feeds for example or test something out like a software Integration it would be great to have a sandbox to do that with Before doing it to your actual company file if you back up your company file make a separate company file and then test these things out It's a great tool Whereas that's more difficult to do with the online version with the online version I can't really just make a separate company file as easily and play with it. There are alternatives They have the QuickBooks test drive and stuff But they don't have as much functionality and you don't have as much customization Then if you were to make your own company file so static backup files versus data stored on secure server Now there's two main things that come with this backup files when we have backup files Traditionally we think of those as we need them so that we don't lose our data That's one use of them But another use of them is that we can use the backup files to restore our data to a prior point in time And we can use the backup files to set up separate company files So that we can practice with having a sandbox to kind of practice with so first if we think of it as just Having secure data the argument from into it is the online version is actually better They say because your data is stored on the Intuit servers and the Intuit servers are having are being triple backed up and everything So the servers should actually be more secure than your computer and Therefore the online version is more secure than the desktop version now that may be true But I still think the desktop version can be pretty secure if you properly do your backups very secure, you know if you properly do your backups because What you want to do on your backup files is back them up to a separate Drive or online in other words you could set up your backups to basically do automatic backups and back them up To say an online cloud or at least a separate external drive So they're not on your hard drive and you have a pretty you have a very secure I would think backup system now the other thing that's a benefit with the static backups on the other hand is That I can make multiple backups So if I'm backing up every night now, I have a nightly backup Which allows me if there's a problem to restore to any point that I want now the online is Trying to implement some of this ability to restore to a prior point and if you get the advanced online I think they have the ability to do that, but it's still not as easy as with the with the desktop version plus if I want to restore The online version it might actually rewrite the file that I'm in So if I want to go back to a prior point, it's going to rewrite the file Well, what if I don't want to actually go back to the prior point? But I want to look at the prior point to see what's different and then to see whether or not I want to go back to it It's going to be more difficult to do that if you only have one company file Whereas if you can make multiple files with the desktop It would be like making a separate word document or a separate Excel file And then having a sandbox to test out with it to see what went wrong So it's not just that I might want to restore to


What is the difference between the British SPS and the American Navy SEALs? And who's best? Well, you know what I always say about the British military being the best in the world because we haven't got any money so we're We're jack of all trades masters of the arm But one thing I'll say, you know at the end of the day when it comes to The SPS and the SEALs. I just think we have a bigger A bigger toolbox, you know We're good at a number of different skills. Fortunately the Americans do have a lot more money or budget For the military so that when it comes to you know They'll get one person to hold the rifle and the other person to pull the trigger But um, you know, I just did sorry, but whether you call me by or still what I just think the SPS Absolutely amazing and I've put them at the top of the pedestal any day. What I Was talking to somebody the other day SPS and They said They hadn't done the dive course, which I was really surprised about They'd gone straight out to the Middle East basically and hadn't they'd started the dive, but hadn't finished it. I was really Yeah, I just think a lot of that that's that's just because of circumstances Isn't that I think there's quite a lot of people that they join the SPS and because of the demand out in Afghan and various other Theatres, I just don't think they had time to do that. So although they join the SPS and You know, it is quite a specialist skill the SPS It's not to say we don't you know, we obviously can do everything we do on land anyway But our specialist skill is is waterborne operations and insertion But you know in a theater that's not demanding that then what you're gonna do stick people on a dive course or get them Out into into the war zone as quickly as possible to be to support the other lads So I think that was just circumstantial and I certainly know there's a few people saying Yeah, no, I think I think you're you're exactly right and just the two two Last questions Ali from just from a physical perspective for those of us that have found our physical prime at 50 years old What what's kind of the hardest like running Type or marching type event you do and what's the kind of hardest swimming or diving? On selection. Yeah The hardest the hardest part and I don't know if they do it so much before because Not many people know this but I was one of I think I'm one of three people in the world That has done the old SPS selection and the new SES selection so I You know, I did my first selection got to the end and there was a bit of an altercation with the Welsh farmer on the combat and survival Which meant that I got RTU'd at the last moment And when I went back that was that was the old special boat the SPS selection Which was we used to join with her if it for the the trees and also combat survival at the end But the rest was sort of done individually So then I went back out. Is that the jungle the trees? Yeah, the jungle. Sorry. Yeah And then when I went back it was it was the first I did the second course I missed the first one. I did the second course of the new selection, which is the joint selection But on the first selection You were used to do a thing called a portage, which was nine miles with a clepper canoe And that I mean, I we've actually got coming up in SES who there's wins in the next I don't think it's I don't know if it's tonight some Monday or whether it's next week But it's coming up anyway But basically that is where you split the you know the bones of the canoe It's a two-man military canoe a clepper That you take all the bones out, which is the wood parts someone carries that and someone else carries the skin And you had to carry that for nine miles.   I found that hideous more than going sub surface