IPRIA Seminar Series
The Trans-Tasman Realtionship: Competition Law and Intellectual Property Law
A free public seminar in Sydney, Melbourne and Canberra, proudly presented by IPRIA in association with the Institute of Patent and Trade Mark Attorneys of Australia and IP Australia.
Under the Closer Economic Relationship (CER) between Australia and New Zealand there is a broad principle to harmonise laws that affect business. Two areas where there are considerable differences in the laws of both countries are competition law and intellectual property law.
Despite New Zealand’s competition law (the Commerce Act 1986) being substantially based on Australia’s Trade Practices Act 1974 – the two countries have diverged greatly on monopolisation arrangements and understandings, the purpose of substantially lessening of competition and mergers. Even though New Zealand Courts have said that Australian law is extremely important and influential they have ignored Australian case law. This seminar will discuss the differences and outline the preferred approach to competition law.
The Governments of Australia and New Zealand have announced as part of the Single Economic Market (SEM) strategy, which has evolved out of CER, the goals of having a single trade mark regime and a shared patent application and examination process. Yet, the relevant laws of New Zealand and Australia are not the same. Many aspects of trade mark law are similar, but in reality New Zealand and Australia are different markets frequently with different consumer perceptions. Also, in New Zealand trade mark registration can be refused on the grounds that if is, or is likely to be, offensive to Maori. Unlike Australian law New Zealand patent law has no term-extension for pharmaceutical patents, exceptions for medical use patents and a current bill proposes exclusions for computer programs and matters of ordre public. Also, despite proposed law changes, in both countries, there remains a considerable difference in the standard of inventive step. This seminar will discuss these differences of approach, how significant the differences are and how they might be dealt with in the SEM context, particularly in view of the Trans Pacific Partnership negotiations.
PRESENTERS:
 |
Paul G Scott is a Senior Lecturer at Victoria University of Wellington and has written a number of articles and chapters on Competition Law. Before joining Victoria University he was a Crown Counsel at the New Zealand Crown Law Office, in the government business team. |
 |
Susy Frankel is a Professor of Law at Victoria University of Wellington and Chair of the Copyright Tribunal (NZ). She has also held an appointment as a Hearings Officer for the Intellectual Property Office of New Zealand. She is the author of many books, articles and chapters on a variety of intellectual property and international trade law topics. Susy is Director of the New Zealand Centre of International Economic Law. |
DATE: Monday 24 October 2011, 1pm - 2pm (Refreshments from 12:30pm)
VENUE: Davies Collison Cave, 255 Elizabeth Street, SYDNEY
COST: Free of charge
DATE: Tuesday 25 October 2011, 1pm - 2pm (Refreshments from 12:30pm)
VENUE: Davies Collison Cave, Level 15, 1 Nicholson Street, MELBOURNE
COST: Free of charge
DATE: Thursday 27 October 2011, 1pm - 2pm (Refreshments from 12:30pm)
VENUE: IP Australia, Room NG.F08, 47 Bowes Street, WODEN
COST: Free of charge
Continuing Professional Development
Patent and Trade Mark Attorneys
If this particular educational activity is relevant to your professional development, improving your practice and service to your clients, you may be able to claim CPE hours.
Please refer to the Professional Standards Board Website and its guidelines on CPE
SEMINAR CONTACT: Michelle Wilson, IPRIA, Alan Gilbert Building, The University of Melbourne, VIC 3010
Telephone: (03) 8344 2153 Fax: (03) 8344 2111
Email: mawils@unimelb.edu.au