Programme and Agenda

Dates: 23–26 October 2017 | President: Prof. Susy Frankel

Host: Victoria University of Wellington | Programme: Download (PDF-1) | Download (PDF-2)

Focus: ‘The Object and Purpose of Intellectual Property’

Links: Official Website | Archive | Twitter

Tēnā Koutou and Welcome from ATRIP President

Dear Friends and Colleagues,

Welcome to Wellington and to the 36th ATRIP Congress. The theme of this Congress is the object and purpose of intellectual property.

What is the purpose of intellectual property and who do the laws serve? There are some well-known answers to these questions, but the answers are never static just as innovation and creativity are dynamic. Much of the debate around the parameters of intellectual property protection and the extent of how flexible the law should be, at both national and international levels, relates to policies and views about what the law is supposed to achieve. Also relevant to the debate is if the law reflects its underlying justifications and whether those justifications come to fruition or whether other outcomes are occurring.

The TRIPS Agreement includes a range of objectives and principles. Broadly, TRIPS added explicit trade-related concerns (including both export and development interests) to the existing international rationales and the underlying domestic policy rationales of intellectual property. Subsequent to TRIPS, trade and investment agreements that often aim to increase protection and enforcement and reduce TRIPS flexibilities have emerged.

The relevance of intellectual property as a set of discrete rules is arguably both expanding and shrinking. It is practically trite to point out that there are complexities in how intellectual property interacts with changing technologies and other areas of law in many fields. It is, therefore, more important than ever to analyse how the object and purpose of intellectual property applies to new and fast-changing areas such as big data, biotechnology and social media.

The relevance of the object and purpose of intellectual property might be assessed by looking at who is involved in the creation, use and dissemination of intellectual property and the outcomes of rights and uses for those actors. This congress will include panels that discuss the object and purpose of intellectual property from a variety of perspectives.

I am delighted to welcome you to Wellington and on behalf of the Executive Committee we hope you enjoy the 36th annual ATRIP congress.

Susy Frankel
ATRIP President

PHOTOS FROM THE EVENT Click Here

Highlights

ATRIP2017

Read the Full Programme

Day 1,

Tuesday 24 October

Session 1. The Evolving International and Regional Rules

Chair: Sam Ricketson, University of Melbourne, Australia

Brexit and IP: the Great Unravelling

Graeme Dinwoodie, Faculty of Law, University of Oxford, UK
Rochelle Dreyfuss, NYU School of Law, USA

Incrementalism and Intellectual Property Reform in India

Arpan Banerjee, Jindal Global Law School, India

A TWAIL-Constructivist Critique of the IP and Development Divide in the Age of Innovation

Bassem Awad and Marsha Simone Cadogan, Centre for International Governance, Canada

Human Rights, Intellectual Property Disputes, and International Investment Agreements

Emmanuel Kolawole Oke, Edinburgh Law School, University of Edinburgh, UK

Intellectual Property and Public Policy

Session 2. What is Copyright For?

Chair: Ruth Okediji, Harvard Law School, USA

Intellectual Property as Seen by Barbie and Mickey: The Reciprocal Relationship of Copyright and Trademark Law

Jane Ginsburg, Columbia Law School, New York, USA

How International Copyright Assisted American Corporate Capitalism and Led to the Decline of the Australian Feature Film Industry

Kathy Bowrey, Faculty of Law, University of New South Wales, Australia

The Right to a Reasonable Exploitation Concretized—An Incentive Based Approach

Ole-Andreas Rognstad, Department of Private Law, University of Oslo, Norway

New Neighbouring Rights for Digital Press Publishing

Valentina Moscon, Max Planck Institute for Innovation and Competition, Germany
Limitations for Text and Data Mining and Teaching in the Copyright in the Digital Single Market Draft Directive

Raquel Xalabarder, School of Law and Political Science, Oberta de Catalunya University, Spain

Session 3A (parallel). The Expanding Nature of Trade Marks and Geographical Indications

Chair: Christophe Geiger, Centre for International Intellectual Property Studies (CEIPI), University of Strasbourg, France

Online Trading, Internet Advertising and Mark Infringement: Trends of Consumer Protection by African Courts

Joelle Nwabueze, Enugu State University of Science and Technology, Nigeria

Human Rights and the Object and Purpose of International Trade Mark Agreements

Genevieve Wilkinson, University of Technology, Sydney, Australia

How 3D Printing Challenges the Consumer Protection Rationale of Trademarks

Bram Van Wiele, Intellectual Property Unit, University of Cape Town, South Africa

‘To Kill a Trade Mark’ Wartime Lessons on the Objects and Purposes of Trade Mark Law

Catherine Bond, Faculty of Law, University of New South Wales, Australia

A Toast to Geographical Indications: The Market Battle of Champagne and Prosecco

Henry Biggs, Washington University, St Louis, USA

Session 3B (parallel). Object and Purpose in the Digital Realm

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

‘Going for Gold’: A Legal and Empirical Case Study into 3D Scanning, 3D Printing and Mass Customisation of Ancient and Modern Jewellery

Dinusha Mendis, Centre for Intellectual Property Policy and Management (CIPPM), Bournemouth University, UK

Legislative Measures Related to Online IPR Infringements: Keeping Up with IPRs Role and Purpose

Ana Nordberg, Faculty of Law, University of Copenhagen, Denmark
(co-author) Knud Wallberg, Faculty of Law, University of Copenhagen, Denmark

3D Printing and Intellectual Property Futures

Angela Daly, Faculty of Law, Queensland University of Technology, Australia

Do we still need IP Offices?

Nicolas Binctin, Université de Poitiers, France

Digitally-Manipulated Personal Photographs: Tensions, Taxonomies and Treatments

S Che Ekaratne, School of Law, University of Canterbury, New Zealand

The Purpose and Characteristics of Copyright Law in Internet Era

Yahong Li and Weijie Huang, Faculty of Law, University of Hong Kong

Session 4. The Many Purposes of Trade Marks

Chair: Reto Hilty, Max Planck Institute for Innovation and Competition Law, Germany

Non-traditional Trademarks and Inherently Valuable Expression

Lisa Ramsey, School of Law, University of San Diego, CA, USA

‘Market Definition’ as a Tool for Assessing Anti-Competitive Effects of Registering Non-Traditional Trade Marks

Lavinia Brancusi, Faculty of Canon Law, Department of Civil Law, Card. Stefan Wyszynski University, Warsaw, Poland.

Inventing Harm: Reassessing the Origins and Reception of the First Trade Mark Anti-Dilution Statutes

Michael Handler, Faculty of Law, University of New South Wales, Australia

Trademark Law and the Public Interest (in the Luxury Industry): Can Anti-Dilution Protection Promote Higher Quality Products?

Irene Calboli, School of Law, Singapore Management University, USA

What are Trade Marks For? A Case Study in Coffee

Megan Richardson, Melbourne Law School, University of Melbourne, Australia

(Co-author) Jill Klein, Melbourne Business School, University of Melbourne, Australia

Evening event: Weta Workshop Tour and dinner at Roxy Cinema.

Day 2,

Wednesday 25 October

Session 5. Reconsidering Incentives in Times of Social and Cultural Change

Chair: Abbe E L Brown, School of Law, University of Aberdeen, UK

Copyright and Distributive Justice

Justin Hughes, Loyola Law School, Los Angeles, CA, USA

What Can a History of Copyright and Cartography Tell Us about the Object and Purpose of Intellectual Property Law?

Isabella Alexander, Faculty of Law, University of Technology, Sydney, Australia

Overlapping Incentives and the Persistent Conundrum of Free Trade in Intangibles – ISDS and International IP

Barbara Lauriat, The Dickson Poon School of Law, King’s College London, UK

The Object and Purpose of Intellectual Property: A Blessing or a Curse for TK?

Lida Ayoubi, Auckland University of Technology, New Zealand

Intellectual Property and the Criminal Law

Kimberlee Weatherall, Law School, University of Sydney, Australia

Intellectual Property Rights in the Recreational Cannabis Market: Craft or Commodity?

Jeremy de Beer and Alyssa Gaffen, University of Ottawa, Canada

Session 6. From Trade Secrets to Patent Purpose

Chair: Alexander Peukert, University of Frankfurt, Germany

The Problematic Object and Purpose of Trade Secret Protection

Niklas Bruun and Nari Lee, Hanken School of Economics, Helsinki, Finland

Encouraging ‘Openess’ in Genomics Research: The Impact of Trade Secrecy

Jane Nielsen and Dianne Nicol, Faculty of Law, University of Tasmania, Australia

The Changing Face of Patents in Biotechnology: The Case of Biofabrication

Pheh Hoon Lim, Law School, Auckland University of Technology, New Zealand

(Co-author) Phoebe Li, Sussex University, UK

Thinking beyond the TRIPS Agreement about Reshaping the Patent Term

Milton Lucídio Leão Barcellos, Antonio Meneghetti Law School and Leão Intellectual Property, Brazil

Expertise, Efficiency, Equity—searching for an appropriate degree of bifurcation of patent infringement and validity

Christoph Rademacher, Waseda University School of Law, Tokyo

Searching for Optimal Response to PAEs’ Excessive Enforcement Practices

Rafal Sikorski, Adam Mickiewicz University, Poznań, Poland

Session 7A (parallel). Contouring Copyright Purposively

Chair: Silke von Lewinski, Max Planck Institute for Innovation and Competition, Germany

United in Diversity or Divided in Unity?—In Search of a Lost Object of Copyright Protection

Ewa Laskowska, Faculty of Law, Jagiellonian University, Kraków, Poland

Access to Education Vis-à-vis Protection of Copyright: Indian Copyright Jurisprudence

Vandana Singh, School of Law and Legal Studies, Guru Gobind Singh Indraprashta University, New Delhi, India

Copyright as an Access Right: Rethinking Copyright Law as a Vehicle for Cultural Participation and Social Progress

Christophe Geiger, Centre for International Intellectual Property Studies (CEIPI), University of Strasbourg, France

Copyright Scope and Copyright Misuse

Ann Bartow, Franklin Pierce Center for Intellectual Property, School of Law, University of New Hampshire, USA

Collective Management Systems Vis-À-Vis Competition Law and Policy, the European Response

Valeria Falce, Professor of Law, European University of Rome, Italy

Maria Letizia Bixio, Post Doc Researcher, European University of Rome, Italy

Session 7B (parallel). Patents Objective(s)

Chair: Daniel Gervais, Vanderbilt Law School, USA

Data exclusivity as an instrument of legal protection of pharmaceuticals

Żaneta Pacud, The Institute of Law Studies of the Polish Academy of Sciences, Warsaw, Poland

Patent Invalidation and Legal Certainty

Christoph Ann, Technical University of Munich, TUM School of Management, Germany

Stating the Obvious or Just Seeking Clarity? A Comparative Analysis of Objects and Purposes Clauses in Key Patent Jurisdictions

Natalie P Stoianoff, Faculty of Law, University of Technology, Sydney, Australia

The Purposes of Patent System and their Interactions with Green Technology Innovation Policies

Yu Xiang, Chinese-German Institute for Intellectual Property, School of Management, Huazhong University of Science & Technology, China

Reframing the Software and Business Method Patents Debate around Disclosure and Reuse

James Scheibner, Faculty of Law, University of Tasmania, Australia

Session 7C (parallel). Development and the Interpretation of Rules

Chair: Peter Yu, Texas A&M University School of Law, USA

The Role of Intellectual Property and Universities in Fostering Regional Socio-Economic Development and Regional Competitiveness

Helen Yu, Faculty of Law, University of Copenhagen, Denmark

An Update on Intellectual Property in Russia

(not presented)

Ivan Zenin, Moscow State University, Russia

Making Derivative Works Without Authorisation and the Interpretation of ‘Originality and Creativity’ under Thailand’s Copyright Law

Chongnang Wiputhanupong, School of Law, Sripatum University, Thailand

The Economic Considerations in Shaping Intellectual Property

Christian Schmitz Vaccaro, Universidad Católica de la Santísima Concepción, Chile

Creative Industries in Malaysia: Copyright Reform, Incentive Theory and Industrial and Trade Politics

Ida Madieha Abd. Ghani Azmi, Department on Civil Law, International Islamic University, Malaysia

Rokiah Alavi, Department of Economics, International Islamic University, Malaysia

Session 8. The Sui Generis and Intellectual Property’s Frontier

Chair: Jessica Lai, School of Accounting and Commercial Law, Victoria University of Wellington

Illegal Designs? Disclosure of Origin Requirements and the Draft Design Law Treaty

Margo Bagley, Emory University School of Law, USA

Licensing of Traditional Knowledge in Africa

Enyinna S Nwauche, Faculty of Law, Rhodes University, Grahamstown, South Africa

Protection of Traditional Knowledge: Finding A Legal Framework for Bangladesh

Towhidul Islam, Department of Law, University of Dhaka, Bangladesh

(co-author) Ahsan Habib, Faculty of Law, Eastern University, Bangladesh

Righting Wrongs: Rights in Traditional Knowledge as Corrective Justice

Evana Wright, Faculty of Law, University of Technology, Sydney, Australia

Non-conventional Copyright: do New and Non-traditional Works Deserve Protection?

Enrico Bonadio, The City Law School, London, UK

Nicola Lucchi, Jonkoping International Business School, Sweden

Where is the design? To capture the essence of EU design protection and verify its adequacy

Anna Tischner, Faculty of Law, Jagiellonian University, Krakow, Poland

Essay competition presentation

Essay Prize Winner, Verity Dawkins, University of Tasmania, Australia
Essay competition is sponsored by FICPI.

Chair: Graeme Dinwoodie, Faculty of Law, University of Oxford, UK

Evening event: Gala dinner at Te Papa  Te Papa Tongarewa, Museum of New Zealand in the Te Marae.

Day 3,

Thursday 26 October

Session 9. National Policy Drivers

Chair: Tana Pistorius, University of South Africa

The Object and Purpose of Intellectual Property: a National, Creative, Adversarial Approach

Abbe E L Brown, School of Law, University of Aberdeen, UK

IP Protection in China in the Context of Industry 4.0

Du Ying, Central University of Finance and Economics, Beijing, China

Access to Knowledge and the Purpose of IP Protection

Alfred Früh, Center for Information Technology, Society and Law, University of Zurich, Switzerland

Do Legislative Limitations and Judicial Attitudes to Copyright Enforcement Encourage Piracy?: Lessons from Fiji

Salvin Nand, University of Fiji

Aligning Intellectual Property and Labour Law Objectives

Lee-Ann Tong, Faculty of Law, University of Cape Town, South Africa

Session 10. Panel Discussion—Academic Publishing

This panel discussed a series of questions about the evolving challenges of academic publishing. Discussion covered the publishing of teaching texts and research and the issues raised by books (authored and edited) and the opportunities of open access.

Chair: Annette Kur, Max Planck Institute for Innovation and Competition, ATRIP President 2007-2009

Panellists:

Jane Ginsburg, Columbia Law School, New York, USA
Sherif Saadallah, Executive Director, WIPO Academy
Kimberlee Weatherall, Law School, University of Sydney, Australia
Jeremy de Beer, University of Ottawa, Canada

ATRIP General Assembly

Susy Frankel (President)
Alexander Peukert (Treasurer)
Daniel Gervais (Incoming President)

Optional afternoon activity. Wellington city sights and coastline tour. 360° view of Wellington from Mount Victoria, the rugged South Coast, and  quaint villages throughout the city.