Intellectual Property on the Internet: Is there Life Outside of the Big Three?
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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?
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.
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
The NZ Centre of International Economic Law is pleased to acknowledge Internet NZ’s support of this conference.