Global WTO competition for law students won by the University of Melbourne

May 6, 2007

The team of the University of Melbourne has won the fifth annual ELSA Moot Court Competition on WTO Law for law students in Geneva yesterday, after beating the team from the University of Hong Kong.

Organised by the European Law Students' Association (ELSA), the competition brings together students from around the world each year to contest a case based on the legal system and case law of the World Trade Organization – the global treaty that governs world trade and commerce.

This year, the case for the competition was on the topic of intellectual property rights and access to essential medicines – one of the most contentious issues in world trade in the past decade. Participating teams played out a dispute between two WTO members – one setting aside a pharmaceutical patent (respondent), the other challenging this on behalf of its industry (complainant).

Under World Trade Organization rules, a country can sidestep patents by issuing a "compulsory license" - a legal mechanism that allows a country to manufacture or import generic versions of patented drugs for public health and national emergencies while paying the patent holder only a small royalty.

The global finals last week were the culmination of months of national and regional rounds, with eighteen teams from universities in Europe, North America, Latin America and Asia-Pacific winning a trip to Geneva for the final round. The first semi final was contested by the University of Sydney and the University of Melbourne, while University of Hong Kong and Georgetown University fought out the second semi final.

In the grand final at the WTO Centre William Rappard, the University of Melbourne acted for complainant, the Government of Costo (imaginary developed WTO member), while the University of Hong Kong defended the position of the Government of Factoril (imaginary developing WTO member) – respondent in the matter.

After the two and a half hours of intense debates, the Grand Panel, including Gabrielle Marceau from the WTO Secretariat, Jayashree Watal from the WTO Intellectual Property Division and Werner Zdouc from the WTO Appellate Body Secretariat, decided in favour of complainant. The arguments submitted in favour of protecting the intellectual property rights of the pharmaceutical patent holder were deemed to be better structured and presented which led to the University of Melbourne winning the competition.

"The subject of the TRIPS Agreement and Public Health has raised a wide range of issues in the public debate. I think the ELSA Moot Court gave a timely opportunity to bright, young lawyers involved with WTO law to reflect upon and debate the complex legal and political issues raised by this subject," said Jatashree Watal, Counsellor, WTO Intellectual Property Division.

The students' debates during the final round in Geneva coincided with the decision of the Government of Brazil to put patients' interests before patent holder's interests and issue compulsory license on important AIDS drug. Some parties believe that the economic interests cannot be compared with saving human lives and protecting the public health while others would prefer a more balanced approach to this matter.