Program

 Limitations on Trademark Rights from 

Comparative and Interdisciplinary Perspectives

CONFERENCE PROGRAM

 Monday, January 7 (Day 1)

Venue: Moot Court, 2/F Cheng Yu Tung Tower, HKU Faculty of Law

9.00 – 9.20am

Registration and Arrival of Speakers

9.20 – 9.30am

Welcome Remarks

Simon Young, Associate Dean & Professor of Law, University of Hong Kong Faculty of Law

Haochen Sun, Associate Professor of Law & Director, Law and Technology Center, University of Hong Kong Faculty of Law

Barton Beebe, John M. Desmarais Professor of Intellectual Property Law & Co-Director, Engelberg Center on Innovation Law & Policy, New York University School of Law

9.30 – 10.00am

Keynote Speech

Moderator: Barton Beebe, John M. Desmarais Professor of Intellectual Property Law & Co-Director, Engelberg Center on Innovation Law & Policy, New York University School of Law

“The Reach of Trade Marks Has Increased, Is Increasing and Ought to Be Diminished”

Rt. Hon. Professor Sir Robin Jacob, Sir Hugh Laddie Chair of Intellectual Property Law, Faculty of Laws, University College London

10.00 – 11.30am

 

Sharing Panel on Trademark Law and Practice

Moderator: Annie Tsoi, Second Deputy Secretary General, the International Association for the Protection of Intellectual Property (AIPPI)

Rt. Hon. Professor Sir Robin Jacob, Sir Hugh Laddie Chair of Intellectual Property Law, Faculty of Laws, University College London
Denis Croze, Director, Singapore Office, World Intellectual Property Organization
Andrew Liao, GBS, SC, JP, Senior Counsel, Past Member of the Executive Council, Hong Kong Special Administrative Region
Mayank Vaid, Intellectual Property Director – Asia Pacific & China (Civil), Louis Vuitton and Fashion Group

11.30 – 12.00pm

 

Group Photo

Coffee Break

12.00 – 1.00pm

 

Panel 2

Moderator: Loke-Khoon Tan, Partner & Head, Intellectual Property Practice Group (Hong Kong and China), Baker & McKenzie

“The Rise and Fall of Genericism”

Lionel Bently, Herchel Smith Professor of Intellectual Property & Co-Director, Centre for Intellectual Property and Information Law, Faculty of Law, University of Cambridge

“Trade Marks and Cultural Identity”

Rochelle Dreyfuss, Pauline Newman Professor of Law & Co-Director, Engelberg Center on Innovation Law & Policy, New York University School of Law

1.00 – 2.30pm

Lunch

2.30 – 4.00pm

 

Panel 3

Moderator: Jeanne Fromer, Professor of Law & Co-Director, Engelberg Center on Innovation Law & Policy, New York University School of Law

Rogers and the Structure of Trademark Defenses”

Graeme Dinwoodie, Global Professor of Intellectual Property Law, Chicago-Kent College of Law

Externalizing Trademark’s Limits”

Mark McKenna, John P. Murphy Foundation Professor of Law, Notre Dame Law School

Myth of A Dormant Volcano: Searching the Missing Free Speech Safeguards in Chinese Trademark Law”

Haochen Sun, Associate Professor of Law & Director, Law and Technology Center, University of Hong Kong Faculty of Law

4.00 – 4.30pm

Coffee Break

4.30 – 6.00pm

 

Panel 4

Moderator: David Tan, Vice Dean & Professor of Law, Faculty of Law, National University of Singapore

The Exceptional Nature of the Right to Control Use in Advertising”

Robert G. Burrell, Head of Law Department & Professor of Law, School of Law, The University of Sheffield

Overhauling Trademark Distinctiveness”

Jeanne Fromer, Professor of Law & Co-Director, Engelberg Center on Innovation Law & Policy, New York University School of Law

Due Cause as a Counterweight to Dilution”

Dev Gangjee, Associate Professor of Intellectual Property Law & Director of the Oxford IP Research Centre (OIPRC), Faculty of Law, University of Oxford

Tuesday, January 8 (Day 2)

Venue: Academic Conference Room, 11/F Cheng Yu Tung Tower, HKU Faculty of Law

9.00 – 9.30am

Registration and Arrival of Speakers

9.30 – 11.00am

 

Panel 1

Moderator: Rochelle Dreyfuss, Pauline Newman Professor of Law & Co-Director, Engelberg Center on Innovation Law & Policy, New York University School of Law

“On Gripe Sites and Trademark User-Rights: Lessons from Canada’s Cooperstock Case”

Carys Craig, Associate Professor, Osgoode Hall Law School, York University

“Limitations as Collision Norms – A Systems Theoretical Analysis of Limitations to Trade Mark Rights”

Marc Mimler, Senior Lecturer in Law, Bournemouth University

Judging Trademark Infringement From the Distinction Between Property Rules and Liability Rules”

Ming Yang, Professor of Law, Peking University Law School

11.00 – 11.30am

Coffee Break

11.30am – 1.00pm

 

Panel 2

Moderator: Yahong Li, Associate Professor of Law, University of Hong Kong Faculty of Law

“The Protection of Brand Reputation in India: A Case for Pigeonholing Three Torts”

Arpan Banerjee, Scientia Scholar, University of New South Wales & Assistant Professor, Jindal Global Law School

“Rethinking Trade Mark Exhaustion: Does Australia’s New Defence Offer a Way Forward?

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

“Limitations on Trademark Rights in Major Asian Jurisdictions: A Survey and Some Reflections

Kung-Chung Liu, Lee Kong Chian Professor of Law & Director, Applied Research Centre for Intellectual Assets and the Law in Asia, School of Law, Singapore Management University

1.00 – 2.30pm

Lunch

2.30 – 4.00pm

 

Panel 3

Moderator: Alice Lee, Associate Dean & Associate Professor of Law, University of Hong Kong Faculty of Law

Trademark Parody under Japanese Trademark Law: Finding Line of Japanese Humor”

Christoph Rademacher, Associate Professor of Law, School of Law, Waseda University

Safeguarding Cultural Follow-On Innovation in the Age of Branded Culture: How to Set Limits to Trademark Rights”

Martin Senftleben, Professor of Intellectual Property, Faculty of Law, Vrije Universiteit Amsterdam

“Fashion Brands as Marks and Works: Is There a Limit to Humour?”

David Tan, Vice Dean & Professor of Law, Faculty of Law, National University of Singapore

4.00 – 4.30pm

Coffee Break

4.30 – 6.00pm

Panel 4

Moderator: Barton Beebe, John M. Desmarais Professor of Intellectual Property Law & Co-Director, Engelberg Center on Innovation Law & Policy, New York University School of Law

“Only Fifty Shades of Grey? A Critical Look at Abstract Colour Marks in the Post-Sieckmann Era”

Eugene C. Lim, Assistant Professor of Law, School of Law, City University of Hong Kong

“Empirical Study of the Aesthetic Functionality of Color Trademarks – A Psychological Approach”

Xiaoren Wang, J.S.D. Candidate, College of Law, University of Illinois

“Trade Marks and the Digital Marketing Era”

Stephanie Wong, Lecturer in Law, University of Hong Kong Faculty of Law