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DTSTART;TZID=Australia/Sydney:20211015T150000
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DTSTAMP:20260429T094741
CREATED:20240913T000243Z
LAST-MODIFIED:20240913T010800Z
UID:1784-1634310000-1634313600@law-events.sydney.edu.au
SUMMARY:Private International Law and Intellectual Property: the ILA Kyoto Guidelines
DESCRIPTION:Private International Law and Intellectual Property: the ILA Kyoto Guidelines\nIn 2020\, the 79th Conference of the International Law Association passed the Resolution 6/2020 and adopted the Guidelines on Intellectual Property and Private International Law (â€˜Kyoto Guidelines‘). \nThe Guidelines are part of international efforts to establish a cooperative global system for jurisdiction\, choice of law\, and judgment recognition and enforcement in transnational IP disputes. They apply to civil and commercial matters involving IP rights that are connected to more than one State. \nIn this webinar\, we invite distinguished professors from Japan\, Republic of Korea and Australia to discuss the contents\, implications\, and challenges of the Guidelines in regulating complicated IP disputes. \nSpeakers:\nProfessor Toshiyuki KonoÂ (Kyushu University\, Japan) \nThe background and significance of the ILA Kyoto Guidelines 2020 \nThe ILA Kyoto Guidelines were adopted in December 2020 at the General Assembly of the ILA. I will explain why and how the initiative to create the Kyoto Guidelines started 10 years ago and what its significance is under the current circumstances\, especially after the adoption of the Convention for the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters in 2019. The ILA Kyoto Guidelines adopted innovative approaches. Hence\, a few selected provisions will be explained in detail which include laws applicable to initial ownership and ubiquitous infringement. \nProfessor Gyooho LeeÂ (Chung-Ang University\, Republic of Korea) \nLaws applicable to transferability of an intellectual property right and employment contracts under ILA Guidelines \nTransferability of an intellectual property right is the law of the State for which protection is sought (Article 19 of ILA Guidelines). In this context\, a Korean case will be discussed (Seoul High Court on June 25\, 2020\, Case No. 2019 Na 2013948)\, whose main focus is which law is applicable to split-off of a company. My argument is that\, in this case\, lex loci protection is is the law applicable to transferability of shares of copyright co-owners. Also\, my presentation will deal with applicable laws in connection with employment contracts under Article 23 of ILA Guidelines. In this context\, it will discuss the Korean Supreme Court Decision on 15 January\, 2015 (Case No. 2012 Da 4763)\, which held that the grant of a free non-exclusive licence to an employer by operation of law would be governed by the law applicable to the employment relationship. \nProfessor Vivienne BathÂ (Sydney Law School\, Australia) \nKyoto Guidelines and injunction in transnational standard essential patents and parallel patent infringement disputes \nThe paper will look at the possibilities presented by the Kyoto Guidelines in view of the current controversy about jurisdiction over rate-setting for standard essential patents and parallel patent infringement cases. \nModerator:\n\nAssociate Professor Jie (Jeanne) HuangÂ (Sydney Law School) \n  \n\n\n——————————————————————————- \nAn English and Chinese translation of the Guideline can be downloaded from here. \nFlow chat of the Guidelines can be downloaded from here. \n——————————————————————————- \n\n\n  \nWebinar time:Â 3-4pm AEDT \nYou will receive Zoom details closer to the date of the event. \n  \nÂ  Â  Â   \nThis event is jointly sponsored by theÂ Centre for Asian and Pacific LawÂ at the Sydney Law School and International Law Association (Australian Branch). \n  \n(Image sourced from Canva.)
URL:https://law-events.sydney.edu.au/event/private-international-law-and-intellectual-property-the-ila-kyoto-guidelines/
LOCATION:NSW
CATEGORIES:CPD eligible events,International and Asia-Pacific law events
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BEGIN:VEVENT
DTSTART;TZID=Australia/Sydney:20211022T130000
DTEND;TZID=Australia/Sydney:20211022T140000
DTSTAMP:20260429T094741
CREATED:20240913T000229Z
LAST-MODIFIED:20240913T010736Z
UID:1777-1634907600-1634911200@law-events.sydney.edu.au
SUMMARY:Cross-border flow of personal data: globalized Internet and fragmented (inter)national regulations
DESCRIPTION:Cross-border flow of personal data: globalized Internet and fragmented (inter)national regulations\nPersonal data is the fuel of the digital economy. However\, in the globalised world of personal data being used over the Internet\, there is a lack of harmonized international governance mechanisms. A typical example is the ideological\, legal and functional divergence in data regulations between countries in the Asia-Pacific region. \nThis webinar will explore the conflicts and challenges brought by globalized Internet and fragmented international regulations. Using a comparative-law and multilayered approach\, it aims to analyze the potential for future law reform. \nSpeakers and topics\n\nDr Robert Walters\, Victoria University\n\nThe Evolution of Data Protection Law and Cross Border Data Flows in the New Digital Economy. \nThis paper examines the role personal data plays in the evolving digital economy. From its beginning as a rights-based concept\, data was regulated to protect the privacy of individuals over the Internet. Yet\, today\, increasingly as technology evolves this data is being a core component of trade\, business\, law enforcement\, national security\, defense amongst others. This paper explores the rights-based approach to regulating data. It further examines the value of the trade in data\, and how that data is increasingly being used in sectors such as agriculture\, environment\, consumer – customer\, health and education\, transport and infrastructure [ITC]. On the backdrop of the above\, the paper will address a further accentuating question as to how far\, if at all\, the cross-border data flows are being considered in the area of national security and defense. It proposes a way forward by establishing an international harmonised policy approach that\, will assist with future law reform between all nation states. \n\nMr Ken Dai\, Dentons China\n\nRegulatory Restrictions on Cross-border Data Transfer under PIPL and DSL in China. \nWith the enactment of the PRC Data Security Law (DSL) and Personal Information Protection Law (PIPL)\, China has provided the regulatory requirements on dealing with data cross-border\, including the important data and personal data. The proposed discussion will focus on how China has developed the enforcement regime of data cross-border transfer and the impact (such as more data localization setting and the procedure of handling security assessment under certain circumstances) of such arrangement on business operation in Chinese market. \nGraduated from the University of Bristol in the UK\, Ken Dai is one of the pioneering lawyers in China practicing in the area of data protection. Since 2012\, he has been offering professional legal services upon the application and enforcement policies of relevant laws in data and privacy protection sphere for multinational corporations and large-scale enterprises\, including: (1) reviewing and revising privacy policies\, (2) advising on the data protection & privacy issues pertain to employment\, (3) issuing compliance opinions upon cross-border transfer of data\, (4) analysing the feasibility of business modes from the perspective of data and privacy protection\, (5) advising on the data protection & privacy issues pertain to cross-border litigation\, arbitration and investigation\, (6) advising on the legislation and enforcement trend of data protection & privacy\, and cybersecurity\, (7) advising on the intersection between data and competition. Ken was ranked as one of the â€œClient Choice Top 20 Lawyersâ€ by Asian Legal Business (ALB) in 2014 and 2017\, and as Competition Lawyer of the Year in China by Corporate INTL in 2017. \n\nProfessor Leon Trakman\, University of New South Wales\n\nRegulating Data Flows in the Digital Economy: Ideological\, Legal and Functional Divergence. \nA formidable challenge for national and international regulators is to develop a compatible legal regime to regulate cross border data flows. Their obstacle is to respond to ideological\, legal and functional divergence over data protection across national boundaries. Their task is to remedy the aberrant consequences of regulatory inertia and inconsistency in regulating data flows efficiently and fairly. This presentation explores these obstacles and challenges. It concludes with possible pathways to ensure greater legal harmonisation across nation states. \nModerator\nAssociate Professor Jie (Jeanne) Huang\,Â Sydney Law School \n  \nFriday 22 October 2021\, 1-2pm AEDT \nYou will receive Zoom details closer to the date of the event. \n  \nThis event is sponsored by theÂ Centre for Asian and Pacific LawÂ at the Sydney Law School. \n  \nBanner image source: Canva
URL:https://law-events.sydney.edu.au/event/cross-border-flow-of-personal-data-globalized-internet-and-fragmented-international-regulations/
LOCATION:NSW
CATEGORIES:CPD eligible events,International and Asia-Pacific law events
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