Property and Intellectual Property
At this seminar the impact and implications of various aspects of intellectual property as property will be discussed.
08:30-09:00 Registration and coffe/tea
Session 1: IP and Property Concepts (09:00-10:45)
- Professor Andreas Rahmatian, University of Glasgow: The Concept of Dematerialised Property
The speaker will discuss his concept of 'dematerialised property' - a highly versatile and flexible concept that applies to any kind of 'property objects', whether tangible, intangible and purely intangible, demonstrated with with the examples of intellectual property rights and of money as a form of debt in Law.
- Professor Ole-Andreas Rognstad, University of Oslo: Property Aspects of Intellectual Property
The speaker will discuss various legal implications of using the term 'property' in relation to intellectual property in the international discourse, not least on the background that intellectual property in certain legal regimes, notably Scandinavian law, is not considered as 'property' (in the meaning of 'eiendomsrett').
Session 2: Practical Aspects of IP as Property (11:15-13:00)
- Associate Professor Harald Irgens-Jensen, University of Oslo: The business' secret - the business' property?
The speaker will discuss the legal status of trade secret protection, in particular in light of the recent EU Directive on Trade Secrets, and the practical implications thereof
- Attorney Marie Vaale-Hallberg, Kvale Law Firm: Reality check for trade mark holders when lawmakers desire healthier festyles
The speaker will discuss how new laws promoting healthier lifestyles restrict the use of trademarks and well-established marketing rights. The 'plain packaging saga' regarding marketing restrictions on tobacco products illustrates the obstacles that both the law makers and the producers face when new laws are established. But also in other areas of the law, limitations on the use of trade marks are set out and restricting the use of well-known and reputable brands without compensation, e.g. Regulation (EC) no 1924/2006 on health and nutrition claims. Sometimes also the industry sets its own regimes and limitations to accommodate to Governmental push for healthier Choices.
About the speakers
Andreas Rahmatian is Professor of Commercial Law at the University of Glasgow, Scotland, UK. Originally from Vienna. He obtained a degree and a PhD in law and a second degree in musicology and history there, and continued his studies with an LLM at the University of London. Rahmatian qualified as a solicitor in London before he became an academic. His research interests comprise commercial law, intellectual property law, property law and property theory, legal history, intellectual history and the law. In 2014-15 he was a Fellow at the Institut d’Études Avancées, Nantes, France. Rahmatians books include Copyright and Creativity: The Making of Property Rights in Creative Works (2011) and Lord Kames: Legal and Social Theorist (2015).
Marie Vaale-Hallberg is an attorney at law and partner at Kvale law firm. She is an IP and regulatory specialist, representing major international and national brands in IP matters, marketing law matters as well as regulatory work. Vaale-Hallberg is frequently used as lecturer in Norway for lawyers and non-lawyers within her field of competence. She is ranked in Chambers (both Europe & Global) and Legal 500.
Ole-Andreas Rognstad. Professor at Department of Private Law, University of Oslo since 2002. Rognstads main fields of research are Copyright Law, Industrial Property Law, Unfair Competition Law, EU/EEA Law and Legal Methodology.
Harald Irgens-Jensen. Associate Professor at Department of Private Law, University of Oslo.since 2014. He previously worked as a lawyer in the law firm Thommessen, one of Norway’s biggest law firms. Both as a practicing lawyer and as an academic Irgens-Jensen has mainly been working in the fields of Intellectual Property Law, Unfair Competition Law and Contract Law.