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Program in Intellectual Property Law

Constructing International Intellectual Property Law: The Role of National Courts

Chicago-Kent College of Law, October 18-19, 2001

Graeme W. Austin
Professor of Law

B.A. (Hons.); LL.B.; LL.M. (1st class honors) Victoria University of Wellington
LL.M.; J.S.D. Columbia

Professor Austin joined the College of Law as a tenured professor in 2001, having previously held tenured positions at two of New Zealand’s leading universities.  He has also been a senior solicitor in the commercial law firm of Chapman Tripp Sheffield Young, practicing in the field of intellectual property litigation.  In 1997-98, he was Burton Fellow in Intellectual Property Law at Columbia University in New York.

Professor Austin has published extensively on intellectual property law in the United States, the United Kingdom and in New Zealand.  His particular field of research is cross-border intellectual property litigation, and he recently was invited to address the World Intellectual Property Organization on this topic in Geneva, Switzerland.  Professor Austin has also published widely in the area of family law, and has appeared as a barrister in leading family property law cases before the New Zealand High Court and Court of Appeal.  His book on rhetoric in child custody decisions, Children:  Stories the Law Tells, was published in 1994.



INTERNATIONAL INTELLECTUAL PROPERTY AND THE COMMON LAW WORLD (ed., with C.E.F. Rickett) Hart Publishers, Portland & Oxford, 2000

CHILDREN: STORIES THE LAW TELLS Victoria University Press, Wellington 1994

TRAPSKI’S FAMILY LAW (Volume 6A) (co-author with V. Grainer, and V. Ulrich) first published 1996


Social Policy Choices and Choice of Law for Copyright Infringement in Cyberspace 79 Oregon L. Rev. 101 (2001);

Copyright Infringement in New Zealand’s Private International Law 19 N.Z. Universities L. Rev. 1 (2000);

Domestic Laws & Foreign Rights – Choice of Law in Transnational Copyright Infringement Litigation 23 Colum.-VLA J. L. & Arts 1 (1999);

The Infringement of Foreign Intellectual Property Rights 113 Law Q. Rev.321 (1997);

Queering Family Law 8 Australasian Gay & Lesbian L. J. 39 (1999);

Children’s Rights in New Zealand Law and Society 23 Victoria U. of Wellington L. Rev. 249 (1997) (research supported by a N.Z. Law Foundation research grant);

The U.N. Convention on the Rights of the Child and Domestic Law, Butterworths Family L. J. 1(5) Jun 1994; also published (in condensed form) in New Zealand Youth Law Review Jun-Jul-Aug 1996:12-14 and Jun-Jul-Aug 1996:7-11;

The Treaty of Waitangi and Child Custody 10 Australian J. L. & Society 85 (1994);

Righting a Child's Right to Refuse Medical Treatment : s11 of the New Zealand Bill of Rights Act and the Gillick Competent Child 7 Otago L. Rev. 578 (1992).

Book Chapters

Copyright Beyond (and Within) Domestic Borders, in Austin & Ricketts (eds.), INTERNATIONAL INTELLECTUAL PROPERTY AND THE COMMON LAW WORLD 2000 (Hart);

Family Law in Aotearoa/New Zealand: Facing Ideologies (with W.R. Atkin) in Eekelaar & Nhlapo (eds.) THE CHANGING FAMILY 1998 (Hart);

Cross Cultural Challenges in Family Law in Aotearoa/New Zealand (with W.R. Atkin) in Lowe & Douglas (eds.) FAMILIES ACROSS FRONTIERS 1996 (Martinus & Nijhoff);

Shorter articles/ Notes, etc

Internet Domain Names, Jurisdiction, and the Territorial Nature of Goodwill 1 NZ Bus. L Q. 85 (1999);

Foreign intellectual property rights in the English Courts - a common law perspective N.Z. Intell’l Prop. Jnl 1(11) Feb 1998:284;

The Law of Family Property Bi-annual review of N.Z. family property law, [1998]  N.Z. Law Rev 645;

Partition - de facto couples - Property Law Act 1952, s140, Butterworths Conveyancing Bull. 7(19) Mar 1997:225;

New Zealand Copyrights in Conflict NZ Bus. L. Q. 85 (1995);

Forcing Access Parents to Share the Load [1992]N.Z. L. J. 379;

Custody and access - psychiatric reports 3Family L. Bull. 43 (1991);

The Guardianship Act 1968 - a Status Statute?  3 Family L. Bull. 14 (1991);

Maori Fishing Rights in the New Zealand Courts: Ministry of Agriculture and Fisheries v Pono Hakaria and Tony Scott 19 U. of W. Australia L. Rev. 401 (1989);

Crown Title to Navigable Rivers – paper prepared for the Waitangi Tribunal Poakani B hearings and published as an appendix to the Tribunal’s published Report.

Book review

Review of The Illusion of Equality: The Rhetoric and Reality of Divorce Reform by Martha Fineman, in 21 Victoria University of Wellington Law Review 417 (1991).




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