Faculty of Law

Add Events


Conferences

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?

Panels will explore these issues through discussion of the following topics:

  • The expansion of trade secrets
  • Publicity rights and the right to one’s image
  • The applicability of unjust enrichment and related doctrines
  • Are sui generis regimes effective? (such regimes include databases, sports rights, traditional knowledge protection, plant variety rights)
  • Are new modes of criminal and civil enforcement a new form of intellectual property?

Confirmed speakers include
Rochelle Dreyfuss, New York University School of Law (keynote)

  • Graeme Austin, Victoria University of Wellington, Faculty of Law
  • Irene Calboli, National University of Singapore, Faculty of Law
  • Margaret Chon, Seattle University School of Law
  • Susan Corbett, Victoria University of Wellington, School of Accounting and Commercial Law
  • Stacey Dogan, Boston University School of Law
  • Susy Frankel, Victoria University of Wellington, Faculty of Law
  • Daniel Gervais, Vanderbilt University Law School
  • Reto Hilty, Max Planck Institute for Innovation and Competition Munich
  • Bernt Hugenholtz, University of Amsterdam, Faculty of Law
  • Konstantina Koutouki , University of Montreal, Faculty of Law
  • Jessica Lai, University of Lucerne, Faculty of Law
  • Barbara Lauriat, Kings College London, The Dickson Poon School of Law
  • Megan Richardson, The University of Melbourne Law School
  • Sharon Sandeen, Hamlin University School of Law
  • Ping Xiong, University of South Australia School of Law
  • Peter Yu, Drake University Law School

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.


 

Back to top ^

Public Lectures

International Mediation and Conflict Management: Near a Tipping Point?

Date: 30 September 2014

Time: 5.30 pm

Venue: Lecture Theatre 1 (GBLT1), Rear Courtyard, Old Government Buildings, 55 Lambton Quay, Wellington


University of Auckland Law School & Victoria University of Wellington School of Law invite you to the

2014 New Zealand Law Foundation International Dispute Resolution Lecture

International Mediation and Conflict Management: Near a Tipping Point?
Presented by
Professor Thomas Stipanowich

30% of New Zealand’s GDP is derived from its businesses taking part in the global marketplace. Disputes that arise from being part of that market place face particular cross- cultural challenges. Traditional litigation, and even international commercial arbitration, to solve cross border disputes can be expensive and unpredictable.
Mediation increasingly forms part of a multi-tiered dispute-resolution process and is often employed before resorting to international arbitration. Anecdotal evidence suggests that international mediations have a settlement success rate of about 80 per cent.
At a time when many businesspersons are expressing concerns about the rising costs and lengthening cycle time of solving cross-border disputes, growing attention is being given to mediation and to other approaches aimed at actively managing and efficiently resolving conflict. But where is the tipping point and for what kinds of cases?

Thomas J. Stipanowich is William H. Webster Chair in Dispute Resolution and Professor of Law at Pepperdine University, as well as Academic Director of the Straus Institute for Dispute Resolution (ranked number one among US academic dispute resolution programmes by U.S. News & World Report), where he teaches courses in negotiation, mediation, arbitration, international arbitration and dispute resolution, contracts and remedies. He is a leading scholar, speaker and trainer on conflict resolution topics as well as an experienced arbitrator and mediator. He co-authored the ground-breaking five-volume treatise Federal Arbitration Law: Agreements, Awards & Remedies under the Federal Arbitration Act, named Best New Legal Book by the Association of American Publishers, and Resolving Disputes: Theory, Law and Practice (2nd Ed 2010). He is the author of many other much-cited publications on arbitration and dispute resolution, and has twice won the CPR Institute's First Prize for Professional Articles-most recently for “Arbitration: The "New Litigation." In 2008, he received the D'Alemberte/Raven Award, the highest honour accorded by the ABA Section on Dispute Resolution.

Professor Stipanowich’s visit is sponsored by:
Law Foundation Logo

Supported by:
AMINZ Logo

From Hypatia to Victor Hugo to Larry & Sergey: “All the world’s knowledge” and Universal Authors’ Rights

Date: 16 October 2014

Time: 5.30 pm

Venue: Lecture Theatre 1 (GBLT1), Rear Courtyard, Old Government Buildings, 55 Lambton Quay, Wellington


2014 New Zealand Law Foundation Distinguished Visiting Fellow

From Hypatia to Victor Hugo to Larry & Sergey:
“All the world’s knowledge” and Universal Authors’ Rights

Public Lecture Presented By
Jane C. Ginsburg, Columbia University School of Law

Access to “all the world’s knowledge” is an ancient aspiration; a less venerable, but equally vigorous, universalism strives for the borderless protection of authors’ rights. Late 19th-century law and politics implemented copyright universalism; 21st-century technology may bring us the universal digital library, and with it a clash of utopian yearnings -- if culture freely accessed comes to mean culture unremunerated. Does the universal digital library of the near future threaten copyright holders, particularly book publishers? Lest we sound too soon the dirge for traditional publishers and newer commercial distribution intermediaries, we should remember that digital media may enhance “access to culture,” but culture freed from its former masters may yet not be “free.” Access-triumphalism may bring us not the universal digital library but the universal digital bookstore.

In this talk, I will first evoke two utopian goals: universal access to knowledge, and universal authors’ rights. The former implied a curator-custodian, a public institution that would gather, systematize and make available the world’s knowledge. The latter enforced private prerogative through the international recognition of authors’ property rights that arise from their creativity or are justified by the public benefits those creations bestow. Creators and custodians of knowledge long pursued complementary aims, despite occasional skirmishes between copyright owners and libraries. That now may be changing. In the last part of this talk, I will address the clash of utopias epitomized by the Google book-scanning program and the legal responses it has inspired, including the recent decision by the SDNY upholding Google’s fair use defense. Finally, as we query whether, through mass digitization, libraries will replace publishers, or vice-versa, we should not lose sight of the authors, who are both copyright’s raison d’être and the necessary forebears of libraries, for without works of authorship to stock the collection, there is nothing to curate.

Jane C. Ginsburg is the Morton L. Janklow Professor of Literary and Artistic Property Law at Columbia University School of Law, and Faculty Director of its Kernochan Center for Law, Media and the Arts. She teaches Legal Methods, Copyright Law, and Trademarks Law, and is the author or co-author of casebooks in all three subjects. With Professor Robert A. Gorman, she is the co-author of COPYRIGHT: CONCEPTS AND INSIGHTS (Foundation Press 2012), and with Professor Sam Ricketson, of INTERNATIONAL COPYRIGHT AND NEIGHBOURING RIGHTS: THE BERNE CONVENTION AND BEYOND (Oxford University Press 2006). Other books include several volumes on domestic or international copyright and trademark law. With Professor Dreyfuss and Professor François Dessemontet, she was a Co-Reporter for the American Law Institute project on INTELLECTUAL PROPERTY: PRINCIPLES GOVERNING JURISDICTION, CHOICE OF LAW AND JUDGMENTS IN TRANSNATIONAL DISPUTES (2008).

A graduate of the University of Chicago (BA 1976, MA 1977), Professor Ginsburg received a JD in 1980 from Harvard, and a Diplôme d'études approfondies in 1985 and a Doctorate of Law in 1995 from the University of Paris II. She is a Corresponding Fellow of the British Academy, a Member of the American Philosophical Society, and an Honorary Fellow of Emmanuel College, University of Cambridge.

This event will be followed by refreshments in the foyer. Please RSVP to law-events@vuw.ac.nz to confirm your attendance.

Law-Foundation-Logo

Back to top ^

Faculty and School Events

Public Lectures

International Mediation and Conflict Management: Near a Tipping Point?

Date: 30 September 2014

Time: 5.30 pm

Venue: Lecture Theatre 1 (GBLT1), Rear Courtyard, Old Government Buildings, 55 Lambton Quay, Wellington


University of Auckland Law School & Victoria University of Wellington School of Law invite you to the

2014 New Zealand Law Foundation International Dispute Resolution Lecture

International Mediation and Conflict Management: Near a Tipping Point?
Presented by
Professor Thomas Stipanowich

30% of New Zealand’s GDP is derived from its businesses taking part in the global marketplace. Disputes that arise from being part of that market place face particular cross- cultural challenges. Traditional litigation, and even international commercial arbitration, to solve cross border disputes can be expensive and unpredictable.
Mediation increasingly forms part of a multi-tiered dispute-resolution process and is often employed before resorting to international arbitration. Anecdotal evidence suggests that international mediations have a settlement success rate of about 80 per cent.
At a time when many businesspersons are expressing concerns about the rising costs and lengthening cycle time of solving cross-border disputes, growing attention is being given to mediation and to other approaches aimed at actively managing and efficiently resolving conflict. But where is the tipping point and for what kinds of cases?

Thomas J. Stipanowich is William H. Webster Chair in Dispute Resolution and Professor of Law at Pepperdine University, as well as Academic Director of the Straus Institute for Dispute Resolution (ranked number one among US academic dispute resolution programmes by U.S. News & World Report), where he teaches courses in negotiation, mediation, arbitration, international arbitration and dispute resolution, contracts and remedies. He is a leading scholar, speaker and trainer on conflict resolution topics as well as an experienced arbitrator and mediator. He co-authored the ground-breaking five-volume treatise Federal Arbitration Law: Agreements, Awards & Remedies under the Federal Arbitration Act, named Best New Legal Book by the Association of American Publishers, and Resolving Disputes: Theory, Law and Practice (2nd Ed 2010). He is the author of many other much-cited publications on arbitration and dispute resolution, and has twice won the CPR Institute's First Prize for Professional Articles-most recently for “Arbitration: The "New Litigation." In 2008, he received the D'Alemberte/Raven Award, the highest honour accorded by the ABA Section on Dispute Resolution.

Professor Stipanowich’s visit is sponsored by:
Law Foundation Logo

Supported by:
AMINZ Logo

From Hypatia to Victor Hugo to Larry & Sergey: “All the world’s knowledge” and Universal Authors’ Rights

Date: 16 October 2014

Time: 5.30 pm

Venue: Lecture Theatre 1 (GBLT1), Rear Courtyard, Old Government Buildings, 55 Lambton Quay, Wellington


2014 New Zealand Law Foundation Distinguished Visiting Fellow

From Hypatia to Victor Hugo to Larry & Sergey:
“All the world’s knowledge” and Universal Authors’ Rights

Public Lecture Presented By
Jane C. Ginsburg, Columbia University School of Law

Access to “all the world’s knowledge” is an ancient aspiration; a less venerable, but equally vigorous, universalism strives for the borderless protection of authors’ rights. Late 19th-century law and politics implemented copyright universalism; 21st-century technology may bring us the universal digital library, and with it a clash of utopian yearnings -- if culture freely accessed comes to mean culture unremunerated. Does the universal digital library of the near future threaten copyright holders, particularly book publishers? Lest we sound too soon the dirge for traditional publishers and newer commercial distribution intermediaries, we should remember that digital media may enhance “access to culture,” but culture freed from its former masters may yet not be “free.” Access-triumphalism may bring us not the universal digital library but the universal digital bookstore.

In this talk, I will first evoke two utopian goals: universal access to knowledge, and universal authors’ rights. The former implied a curator-custodian, a public institution that would gather, systematize and make available the world’s knowledge. The latter enforced private prerogative through the international recognition of authors’ property rights that arise from their creativity or are justified by the public benefits those creations bestow. Creators and custodians of knowledge long pursued complementary aims, despite occasional skirmishes between copyright owners and libraries. That now may be changing. In the last part of this talk, I will address the clash of utopias epitomized by the Google book-scanning program and the legal responses it has inspired, including the recent decision by the SDNY upholding Google’s fair use defense. Finally, as we query whether, through mass digitization, libraries will replace publishers, or vice-versa, we should not lose sight of the authors, who are both copyright’s raison d’être and the necessary forebears of libraries, for without works of authorship to stock the collection, there is nothing to curate.

Jane C. Ginsburg is the Morton L. Janklow Professor of Literary and Artistic Property Law at Columbia University School of Law, and Faculty Director of its Kernochan Center for Law, Media and the Arts. She teaches Legal Methods, Copyright Law, and Trademarks Law, and is the author or co-author of casebooks in all three subjects. With Professor Robert A. Gorman, she is the co-author of COPYRIGHT: CONCEPTS AND INSIGHTS (Foundation Press 2012), and with Professor Sam Ricketson, of INTERNATIONAL COPYRIGHT AND NEIGHBOURING RIGHTS: THE BERNE CONVENTION AND BEYOND (Oxford University Press 2006). Other books include several volumes on domestic or international copyright and trademark law. With Professor Dreyfuss and Professor François Dessemontet, she was a Co-Reporter for the American Law Institute project on INTELLECTUAL PROPERTY: PRINCIPLES GOVERNING JURISDICTION, CHOICE OF LAW AND JUDGMENTS IN TRANSNATIONAL DISPUTES (2008).

A graduate of the University of Chicago (BA 1976, MA 1977), Professor Ginsburg received a JD in 1980 from Harvard, and a Diplôme d'études approfondies in 1985 and a Doctorate of Law in 1995 from the University of Paris II. She is a Corresponding Fellow of the British Academy, a Member of the American Philosophical Society, and an Honorary Fellow of Emmanuel College, University of Cambridge.

This event will be followed by refreshments in the foyer. Please RSVP to law-events@vuw.ac.nz to confirm your attendance.

Law-Foundation-Logo

Back to top ^

NZ Centre for Public Law

We host various events throughout the year. There are currently no upcoming events, check for University wide events at Victoria Events.

NZ Centre for International Economic Law

Conferences

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?

Panels will explore these issues through discussion of the following topics:

  • The expansion of trade secrets
  • Publicity rights and the right to one’s image
  • The applicability of unjust enrichment and related doctrines
  • Are sui generis regimes effective? (such regimes include databases, sports rights, traditional knowledge protection, plant variety rights)
  • Are new modes of criminal and civil enforcement a new form of intellectual property?

Confirmed speakers include
Rochelle Dreyfuss, New York University School of Law (keynote)

  • Graeme Austin, Victoria University of Wellington, Faculty of Law
  • Irene Calboli, National University of Singapore, Faculty of Law
  • Margaret Chon, Seattle University School of Law
  • Susan Corbett, Victoria University of Wellington, School of Accounting and Commercial Law
  • Stacey Dogan, Boston University School of Law
  • Susy Frankel, Victoria University of Wellington, Faculty of Law
  • Daniel Gervais, Vanderbilt University Law School
  • Reto Hilty, Max Planck Institute for Innovation and Competition Munich
  • Bernt Hugenholtz, University of Amsterdam, Faculty of Law
  • Konstantina Koutouki , University of Montreal, Faculty of Law
  • Jessica Lai, University of Lucerne, Faculty of Law
  • Barbara Lauriat, Kings College London, The Dickson Poon School of Law
  • Megan Richardson, The University of Melbourne Law School
  • Sharon Sandeen, Hamlin University School of Law
  • Ping Xiong, University of South Australia School of Law
  • Peter Yu, Drake University Law School

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.


 

Back to top ^