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

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

Conferences

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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?

Featuring
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

PROGRAMME

Monday 17 November 2014


8.30am Registration


9.00am Conference Open and Welcome
Mihi

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 LawEnforcing Intellectual Property Globally when Rights are Defined Territorially
Chair: Susy Frankel, Victoria University of Wellington, Faculty of LawClick here to see video of this session.


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

Click here to see video of this session.


12.45pm Lunch


1.45pm Sui Generis Rights and Beyond
1.45pm-2.45pm
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
Right

Bernt Hugenholtz, University of Amsterdam, Faculty of Law

Click here to see video of this session.


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
IP?

Reto Hilty, Max Planck Institute for Innovation and Competition Munich

Enforcement: A New, Overlooked Member of the Intellectual Property
Family?

Peter Yu, Drake University Law School

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

Click here to see video of this session.


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
Efforts

Sharon Sandeen, Hamline University, School of Law

China’s Approach to Trade Secrets Protection - Is A Uniform Trade Secrets Law in China Needed?
Ping Xiong, University of South Australia, School of Law

Click here to see video of this session.


11.00am Morning Tea


11.30am

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

Click here to see video of this session.


12.30pm Lunch and Conference Close


Rochelle Dreyfuss speaking to a full lecture theatre

Conference organisers and keynote speaker

Panel discussion

Group picture of speakers and organisers

Internet NZ logo

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