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NZ Centre for International Economic Law
Geographical Indications: The International Debate and Possible Ways Forward for New Zealand
Date: 4–5 August 2016
Time: 9.00 am
Geographical Indications (GIs) are important for many businesses and particularly agriculture and related value –added industries. There is a significant worldwide debate about the appropriate regulatory structure for GIs. The debate is not entirely new as there has been some considerable trans-Atlantic disagreement over appropriate protection for many years and the overlap with agricultural policy has fuelled this disagreement. In brief, the regulatory debate is centred on whether a sui generis regime(s) is appropriate or whether trade mark (particularly certification or collective trade marks) are enough. The framework issues are not merely technical but involve large policy questions about the appropriate regime to support agriculture, rural development and broad cultural interests. Added to this are questions around different types of products and whether some merit more protection than others. At present wines and spirits have a heightened level of GI protection. The TRIPS Agreement provides a minimum standards level of protection. Since TRIPS several trade agreements including bi-laterals (e.g. AUSFTA, KORUS, Singapore – EU and Korea- EU), mega-regionals (e.g. TPP, CETA) have incorporated variations on and clarifications to the TRIPS framework, or in the case of EU partnership agreements TRIPS –plus sui generis regime requirements. In addition to trade agreements there is the Lisbon Agreement at WIPO, which was controversially renegotiated in 2015. This conference will discuss the issues that arise in the global patchwork.
Overview of goals:
The purpose of this event is to provide the policy and business community with knowledge and a practical understanding of the worldwide GI debate and to consider the issues in the framework of what is important both internationally and for New Zealand.
Overall the event will provide a forum for practical and informed discussion about this area of regulation which has a direct impact on agricultural products in particular, New Zealand’s export markets, and potential and existing innovation in that sector and others.
Daren Tang, Chief Executive, Intellectual Property Office of Singapore
Matthijs Geuze, Former Head of the Lisbon Registry, WIPO (until retirement in February 2016)
Elizabeth Barham, Research Associate, Center for Advanced Spatial Technologies (CAST), University of Arkansas; Founder and Executive Director, American Origin Products Association and American Origin Products Research Foundation
Carwyn Jones, Senior Lecturer, Faculty of Law, Victoria University of Wellington
Daniel Gervais, Professor of Law, Vanderbilt Law School
Justin Hughes, Hon. William Matthew Byrne Professor of Law, Loyola Law School
Irene Calboli, Deputy Director, Applied Research Centre for Intellectual Assets and the Law in Asia, Singapore Management University and Professor, Texas A & M School of Law
Peter Drahos, Professor in Law and the Director of the Centre for the Governance of Knowledge and Development in the Regulatory Institutions Network, Australian National University
Susy Frankel, Professor of Law, Faculty of Law, Victoria University of Wellington
John Overton and Warwick Murray, Professors, School of Geography, Environment and Earth Sciences, Victoria University of Wellington
The conference programme is available here.
Please click here to register for the conference.
- Standard Registration (including conference dinner, 4 August)): NZD$420.00
- Full-time Student Registration (ID required, dinner not included): NZD$80.00
- Promo code for Full-time Student Registration fee: VGEOFT
If you would like more information about your registration, please contact us on:
Ph: 64 4 463 6556 Email: email@example.com.
Students: please email or phone us to purchase a conference dinner ticket.
Faculty and School Events
2016 New Zealand Law Foundation Distinguished Visiting Fellow
Date: 9 August 2016
Time: 5.30 pm
Venue: GBLT1, Old Government Buildings, 55 Lambton Quay, Wellington
Justifying the law of restitution: a case study in the nature of judging
The law of restitution in England was first recognised by the House of Lords in 1990. It was firmly equated with the law of unjust enrichment building on the magisterial work published by Goff and Jones in 1966, The Law of Restitution. Since the formal recognition of a body of law called restitution which is founded on the reversal of the defendant’s unjust enrichment, the courts in England have struggled with the justification for and nature of a cause of action which is founded on unjust enrichment. This reached its nadir in the decision of the Supreme Court in Bank of Cyprus UK Ltd v Menelaou . In Australia, unjust enrichment is so tainted that the courts increasingly prefer to analyse liability with reference to unconscionability. In New Zealand unjust enrichment is much more secure. In analysing the law of restitution in England, Australia and New Zealand it is possible to secure a much clearer analysis of when gain-based remedies should be awarded to restore to the claimant what the claimant has lost. But the analysis of the law of restitution also reveals a great deal about the nature of judging in these different jurisdictions and, crucially, English judges have a great deal to learn from judges in the Antipodes.
Professor Graham Virgo is Professor of English Private Law in the Faculty of Law, University of Cambridge and has been a Fellow of Downing College since 1989, where he read Law as an undergraduate. He went on to read for the BCL at Oxford where he was awarded the Vinerian scholarship. He then read for the Bar. He was Senior Tutor at Downing College between 2003 and 2013, and has also served as Director of Studies in Law. He is a Bencher of Lincoln’s Inn and a door tenant at XXIV Old Buildings. He received a Pilkington Prize from the University of Cambridge for excellence in teaching in 2002 and was a finalist for the OUP Law Teacher of the Year in 2013.
He writes and researches in the fields of Criminal Law; Equity and trusts and the Law of Restitution. The third edition of his Principles of the Law of Restitution was published in 2015. In 2016 the second edition of his Principles of Equity and Trusts and the second edition of Equity and Trusts: Text, Cases and Materials, written with Paul Davies, will be published. He is a contributor to Simester and Sullivan’s Criminal Law: Theory and Doctrine, the sixth edition of which will be published in 2016. He is a contributor to Chitty on Contracts (32nd ed, 2015) and co-author of Andrews, Clarke, Tettenborn and Virgo Contractual Duties: Performance, Breach, Termination and Remedies (2013, the second edition of which will be published in 2017). He has also written, with colleagues at Cambridge, What About Law? Studying Law at University (2nd ed., 2011).
He became Pro-Vice-Chancellor for Education in October 2014. In that capacity he has oversight of all aspects of education policy and strategy for undergraduate, graduate and part-time students, as well as libraries and sport.
Full details on Professor Virgo's visit to New Zealand can be found on the Law Foundation website.
RSVP: lawevents-virgo.eventbrite.co.nz; CPD Compatible.