Question: Are we allowed to submit additional case law during the oral hearing, solely to respond to the Claimant’s arguments where they differ from the arguments that were known to us before? If so, are we under obligation to inform the opposing team of the case law used or can we assume their knowledge of the Law?
Answer: You are free to submit new case law, and yes, you may assume the opposing team’s knowledge of the law. But please note our earlier request that “Audiovisual aids (PowerPoint-presentation)…, as well as hand-outs with skeleton arguments and legal material” should be sent to the registrar of the competition no later than 12.00 (noon) CEST Friday 30 November.
Question: Are we correct in opting to rely on Swedish law in our Statement of Defence, even while the Claimant’s Statement of Claims relied on Danish law?
Answer: According to the case, applicable law is ‘common Nordic IP law’. That means rules and principles common for the Nordic countries. Insofar such rules and principles are reflected in Swedish law, you are free to rely on Swedish provisions and case law in the Statement of Defence even if the Claimant has referred to Danish legal sources to substantiate their claims.
Question: Is the learning tool and the key sent in 2016 in connection with the recruitment of Ansip, or in 2018 right before the university receives the cease and desist-letter?
Answer: The learning tool and the key were sent in 2016, shortly after the recruitment of Ansip.
Question: Is it implicit that the Baltic Sea University is paying the annual fee after the transfer of the learning tool and the key, or did this duty transfer to the Thousand Lakes University?
Answer: It must be presupposed that that Baltic Sea University (BSU) already had paid the license fee for the year of 2016. But it is reasonable to assume that BSU and Thousand Lakes University have agreed that the latter pays subsequent license fees upon receiving necessary payment information from BSU.
Question: Are we to presuppose that after the test of EasyArt at Baltic Sea University the testgroup gave back their copies used for the test, or did they keep them?
Answer: You may presuppose that all copies of EasyArt had been returned to eLearning A/S.
Question: Am I correct in assuming that the copies of EasyArt given to Baltic Sea University were given on å physical medium, like a USB, or were they given through an e-mail attachment or a website that required a code?
Answer: You may assume that the professor received the program on a USB, and then installed it on a server at the university, to which the students had access during the test period. After the test period, the program was deleted from the university's server, and the USB returned to eLearning.