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NZ Centre for International Economic Law


Intellectual Property on the Internet: Is there Life Outside of the Big Three?

Date: 17–18 November 2014

Time: 8.30 am

The New Zealand Centre of International Economic Law presents a conference

“Intellectual Property on the Internet: Is there Life Outside of the Big Three?”

Intellectual property often means copyrights, patents and trade marks, the Big Three of IP. There seems to be an increasing number of difficulties with the Big Three. Examples include the cost of obtaining international patent protection, the over enforcement of patents by so-called non-practising entities (trolls), the dubious validity of many patents such as for online business models, and the difficulties and possible inefficiencies of copyright-led efforts to modify online behaviour. Also, the useful but very limited role of trade marks (such as preventing domain names that too closely resemble protected marks) does not work well for new online uses, including for instance the sale of brand names as AdWords. Increasingly such problems have led to calls to repeal laws that do not work or replace them with other legal solutions. Is there life for IP online outside of the Big Three? Should researchers, online businesses and internet users focus more of their resources to explore other solutions? Do we need new instruments? The common denominator of new legal solutions is that they often are sui generis regimes or they stem from common law doctrines and have limited (or even no) recognition in international treaties. Does that matter?

Keynote Speaker
Rochelle Dreyfuss, Pauline Newman Professor of Law, New York University School of Law
Enforcing Intellectual Property Globally when Rights are Defined Territorially

Day 2 Opening Address
Maggie Chon, Donald & Lynda Horowitz Professor for the Pursuit of Justice, 
Seattle University, School of Law
The Promises and Pitfalls of Information Governance in a Wireless World



Monday 17 November 2014

8.30am Registration
9.00am Conference Open and Welcome

Welcome and Conference Overview
Susy Frankel, Director NZCIEL, Victoria University of Wellington, Faculty of Law
Daniel Gervais, Vanderbilt Law School, Research Affiliate NZCIEL
9.15am Keynote Address - Rochelle C. Dreyfuss, New York University School of Law
Enforcing Intellectual Property Globally when Rights are Defined Territorially
Chair: Susy Frankel, Victoria University of Wellington, Faculty of Law

10.30am Morning Tea

11.00am Should Common Law Doctrines Continue to Expand?
Chair: Daniel Gervais, Vanderbilt Law School

The Right of Publicity: Harms, Benefits, and Justification
Stacey Dogan, Boston University School of Law

Image Rights in the Digital Age
Megan Richardson, The University of Melbourne Law School
Julian Thomas, Swinburne University of Technology
Passing Off, the Internet, and the Global Marketplace
Barbara Lauriat, Kings College London, The Dickson Poon School of Law

Discussant: Nicole Moreham, Victoria University of Wellington, Faculty of Law
12.45pm Lunch
1.45pm Sui Generis Rights and Beyond
Chair: (tbc)

Safeguarding Culture

Protection of Geographical Indications of Origin 
Irene Calboli, National University of Singapore, Faculty of Law

Traditional Cultural Heritage and Alternative Means of Regulation:
Issues of Access and Restrictions Online

Jessica Lai, University of Lucerne, Faculty of Law
2.45pm-4.00pm Expansions of Trade Marks and Copyright
Chair and Discussant: Graeme Austin, Victoria University of Wellington, Faculty of Law

Sui Generis Protection for Sporting Emblems and Words: A Triumph of
Pragmatism over Principle

Susan Corbett, Victoria University of Wellington, School of Accounting and
Commercial Law

Alexandra Sims, The University of Auckland, Department of Commercial Law

Something Completely Different: Europe’s Sui Generis Database

Bernt Hugenholtz, University of Amsterdam, Faculty of Law

4.00pm Afternoon Tea
4.30pm The Problems and Opportunities of Enforcement
Chair: (tbc)

Are New Modes of Criminal and Civil Enforcement a New Form of

Reto Hilty, Max Planck Institute for Innovation and Competition Munich

Enforcement: A New, Overlooked Member of the Intellectual Property

Peter Yu, Drake University Law School

Discussant: Yvette Tinsley, Victoria University of Wellington, Faculty of Law

5.30pm End of Day 1
6.30pm Conference dinner and evening event at Zealandia

Tuesday 18 November 2014

9.00am – 10.00am Day 2 Opening Address - Information Governance

The Promises and Pitfalls of Information Governance in a Wireless World

Maggie Chon, Seattle University, School of Law
Discussant: Jordan Carter, CEO, InternetNZ
Chair: Daniel Gervais

10.00am – 11.00am – Trade Secrets

Chair and Discussant: Rochelle Dreyfuss
Trade Secrets Plus (or Minus?): A Report on International Harmonization

Sharon Sandeen, Hamline University, School of Law

Trade Secrets Protection on the Internet in China
Ping Xiong, University of South Australia, School of Law

11.00am Morning Tea

Wrap-up and overview with discussion from the floor
International Agreements and Rights Outside of the Big Three
Susy Frankel and Daniel Gervais

12.30pm Lunch and Conference Close

Click here to register online
or here to register by completing the attached pdf

 Internet NZ logo

The NZ Centre of International Economic Law is pleased to acknowledge Internet NZ’s support of this conference.

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NZ Centre for Public Law

Public Lectures

In Dire States? Democracy and the Rule of Law in Nauru

Date: 30 October 2014

Time: 12.40 pm

Venue: Lecture Theatre 3 (GBLT3), Ground Floor, Old Government Buildings, 55 Lambton Quay, Wellington

The New Zealand Centre for Public Law at Victoria University of Wellington School of Law
and The New Zealand Association for Comparative Law
invite you to a public lecture

In Dire States? Democracy and the Rule of Law in Nauru

Presented by
Hon Roland Kun and Dr Katy Le Roy

Nauru’s independence Constitution (1968) establishes the institutions of a constitutional democracy with parliamentary responsible government and an entrenched bill of rights. The way these institutions and rights operate in practice depends on a range of factors outside the text: the history and norms of the Nauruan community, the individuals that populate these institutions, and outside forces to name only a few. While bending the constitutional rules has been a national sport in Nauru since independence, challenges to the rule of law in Nauru have in the past 18 months reached new extremes – including a six month period in 2014 in which Nauru had no Supreme Court. In this lecture we will discuss some of the dramatic legal and political events of the past 18 months and the challenges these events pose to democracy and the rule of law in Nauru. We will also consider how these challenges can be met.
Hon Roland Kun has been a member of the Parliament of Nauru since 2004. He was a Cabinet Minister from 2006 to 2013, holding various portfolios including Education, Fisheries, Justice and Finance. He is currently in opposition.
Dr Katy Le Roy is a public lawyer and a former Research Fellow at the Melbourne Law School. From 2008 to 2013 she was the Parliamentary Counsel of Nauru, and from 2006 to 2008 she was legal counsel to Nauru’s Constitutional Review Committee.

RSVPs not required

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