6th Annual Wine Law Conference
The wine industry as a whole is expected to grow to over $400 billion by the early 2020s and Australia’s market will have its share of the pie with current exports exceeding record levels. Ensure you maximise on this growth by clearing regulatory hurdles and understanding potential future legal risks. This annual Wine Law conference is bigger and better than ever and is essential for anyone dealing with legal and regulatory issues within the wine industry.
Description
Attend and earn 7 CPD units in Substantive
This conference was recorded in SA on 20 November 2018
Session 1
Wine Industry Regulatory Landscape
Chair: Will Taylor, Partner, Finlaysons; Best Lawyers 2019, Commercial Law, Corporate Law, Corporate/Governance Practice; Preeminent Agribusiness Lawyer, Doyle’s Guide 2018
9.00am to 9.05am Opening Remarks by the Chair
9.05am to 9.20am: Keynote Address: State of the Australian Wine Industry
Presented by Andreas Clark, Chief Executive Officer, Wine Australia
9.20am to 10.15am: Labelling Regulations: Organic and Biodynamic Certification
- Labelling requirements for organic and biodynamic wines; vegan wine
- "The Food Standards Code does not require the addition of isinglass to be called out on labels if it is used in beer or if it is used in wine." –Rachel Triggs from Wine Australia
Presented by Kenneth Stanton, Principal, Barraket Stanton Lawyers
10.15am to 11.10am: Is it a Wine or Wine Product? Labelling and Tax Ramifications
- WET regime or excise regime?
- Wine or wine product regulation under the Food Standards Code
Presented by Tom Hendrick, Associate – Tax & Revenue, Finlaysons
11.10am to 11.25am Morning Tea
11.25am to 12.20pm: Competition Law Update
- The ACCC’s perspectives on viticulture
- Recent amendments to the Competition and Consumer Act (including new and improved offence provisions)
Presented by Rebecca Halkett, Director, Kain Lawyers
12.20pm to 1.15pm: Privacy, Data Protection and Breaches
- Overview of the mandatory data breach provisions and regime under the Australian Privacy Act 1998 (Cth)
- Regulator's approach to date: What can be gauged from the Privacy Commissioner's 1st and 2nd Quarterly Reports, and what are the implications?
- EU General Data Protection Regulation: implications for Australian businesses
- Lessons learned: practical steps to minimise risk to your organisation
Presented by Lisa Jarrett, Partner, MinterEllison; Leading IP & TMT Lawyer, Doyle’s Guide 2018
Session 2
Selling in the Current Market: Legal Issues in Export
Chair: Sandy Donaldson, Director, DW Fox Tucker Lawyers; Best Lawyers 2019, Agriculture & Rural Affairs, Commercial Law, Corporate Law, Information Technology Law, Intellectual Property Law
2.00pm to 2.45pm: By Road, Train or Ship: Legal Issues Relating to the Transport of Wine
- Changes to heavy vehicle national laws: chain of responsibility
- Shipping export compliance
- Bill of lading
- Letters of credit
- Your wine is stuck on the wharf: What can you do?
- Insurance issues
- Recent examples and cases
Presented by Ian Maitland, Partner, Wallmans Lawyers; Best Lawyers 2019, Shipping & Maritime Law, Transportation Law
2.45pm to 3.30pm: Blockchain and Wine Fraud
- The problem of food fraud including wine fraud; prevalence, examples
- Blockchain and smart contracts and how these can mitigate wine fraud
- Why blockchain and smart contracts will not eliminate wine fraud
- Legal problems associated with wine fraud in the blockchain
- Liability across the distributed ledger
- Mandatory legal obligations eg misleading and deceptive conduct
- Enforcing collateral contracts
- Overall assessment of the benefits of this technology in securing wine provenance
Presented by Professor Vicki Waye, School of Law, University of South Australia
3.30pm to 3.45pm Afternoon Tea
EXPORTING TO CHINA
3.45pm to 4.30pm: Protecting Your Wine Brand In China
Presented by Mark Hamilton, Managing Partner and Commercial Lawyer, Grope Hamilton Lawyers
4.30pm to 5.15pm: SPECIAL INTERNATIONAL SPEAKER LIVE FROM CHINA: IP Issues in China: Overcoming Bad Faith Registrations
- Establishing of bad faith and dealing with trademark squatters
- Social media handles: how to deal with squatters and bad faith
- Enforcement against counterfeit selling on alibaba
- Establishing of unregistered rights: character rights, name rights and well-known status
- Buyback: how to strategically engage and negotiate
Presented by Anna Mae Koo, Partner, Vivien Chan & Co.