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The Profectional Newsletters
4 September 2019

Medicine, Wine, Art,
Traditional Skills and
Cultural Appropriation:
Intellectual Property or
Intangible Cultural
Heritage?
#

Update on
Equity and Trusts:
Trusts, Companies,
Divorce and Death
#

Medicine, Wine, Art, Traditional Skills and Cultural Appropriation: Intellectual Property or Intangible Cultural Heritage? Update on Equity and Trusts: Trusts, Companies, Divorce and Death

by
Prof. Steven Gallagher,
Associate Professor of Practice in Law,
Associate Dean (Teaching & Learning),
The Faculty of Law,
The Chinese University of Hong Kong

by
Prof. Steven Gallagher,
Associate Professor of Practice in Law,
Associate Dean (Teaching & Learning),
The Faculty of Law,
The Chinese University of Hong Kong

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Code: EVT000000289 Code: EVT000000291
Date: 26 September 2019 (Thursday) Date: 18 October 2019 (Friday)
Time: 14:30 - 17:45
(Reception starts at 14:00)
Time: 09:30 - 12:45
(Reception starts at 09:00)
Venue: Kornerstone Institute
15/F, Hip Shing Hong Centre
55 Des Voeux Road Central
Central, Hong Kong
Venue: Kornerstone Institute
15/F, Hip Shing Hong Centre
55 Des Voeux Road Central
Central, Hong Kong
Level: Intermediate Level: Intermediate
Language: English Language: English
Accreditations: LSHK CPD Points being applied for Accreditations: LSHK CPD Points being applied for
Admission: Standard Fee: HK$1,780.00
Advanced Booking: HK$1,480.00
(on or before 12 September 2019)

Please call 2116 3328 for details
and Group Discount
Admission: Standard Fee: HK$1,780.00
Advanced Booking: HK$1,480.00
(on or before 4 October 2019)

Please call 2116 3328 for details
and Group Discount
Discount ends Thursday,
register now!
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Prof. Steven Gallagher

Steven Gallagher was awarded a first class LL.B.  He was called to the Bar of England and Wales in 2006.  Steven has taught Equity and Trusts, Land Law and Company Law to undergraduates and International Corporate Liquidation and International Corporate Governance to postgraduates in England and Hong Kong.  Steven teaches the Equity and Trusts courses for undergraduate students, the Principles of Equity and Trusts course on the Juris Doctor course and, in 2013, introduced the Principles of Cultural Heritage Law course to the LLM programme at the Chinese University of Hong Kong.  Steven has presented continuing professional development courses for solicitors in Hong Kong on many topics associated with equity.  Steven’s research interests include equity and the law of trusts, cultural heritage law and legal history.

Course Outline:

This 3-hour seminar will provide an introduction to the interplay between intellectual property (IP) and intangible cultural heritage (ICH).  UNESCO's 2003 Convention for the Safeguarding of the Intangible Cultural Heritage identified intangible cultural heritage as, "the practices, representations, expressions, knowledge, skills... that communities, groups and, in some cases, individuals recognize as part of their cultural heritage."  China, as a party, and Hong Kong, through China, have embraced the ideals of the Convention, in particular the "safeguarding" obligation of membership, which includes "the identification, documentation, research, preservation, protection, promotion, enhancement, transmission... as well as the revitalization of the various aspects of such heritage."

However, included in the identification of the intangible cultural heritage, among much else, may be works of art in any form, the skills of the artist, foods and drinks, and the recipes and manufacturing skills behind these foods and drinks, traditional remedies, cosmetics, and the style, design, pattern and skills used in the making of clothes.  Many of these forms of intangible cultural heritage may also be recognised as forms of intellectual property.

This seminar considers the problems that have arisen when those asserting the need for a jurisdiction to safeguard intangible culture heritage, under one of the newest international and domestic legal frameworks, have met when this identification threatens intellectual property rights, under a very well established international and domestic framework.

Some of the topics considered in this seminar will be:

  • What is intellectual property?
  • What is intangible cultural heritage?
  • The relationship between IP and ICH;
  • Why is ICH so popular?
  • Why is IP so important?
  • Traditional remedies and medical practices;
  • Indigenous knowledge and big business;
  • World Heritage status for Prosecco, but who cares about Prošek?
  • Works of art as cultural heritage and artists' rights;
  • Appreciating artists' work while infringing their rights;
  • Language, sharks' fins and ivory carving;
  • Cultural appreciation and/or cultural appropriation.

Course Outline:

This 3-hour seminar will provide an update on important cases from Hong Kong and England which have involved the following: the availability of assets of trusts and companies to settle ancillary relief and other creditor actions after Prest v Petrodel Resources Limited [2013] UKSC 34 and Kan Lai Kwan v Poon Lok To Otto & HSBC International Trustee Limited [2014] HKEC 1174; illusory and sham trusts after the English High Court decision in JSC Mezhdunarodniy Promyshlenniy Bank and another v Pugachev (Pugachev v. Pugachev) [2017] EWHC 2426 (Ch); the (possible) resurrection of the presumption of resulting trust by the Privy Council in Marr v Collie (Bahamas) [2017] UKPC 17; and, joint ownership of bank accounts after Whitlock v Moree (Bahamas) [2017] UKPC 44.

Topics considered include:

  • Companies, Divorce and Trusts: Prest v Petrodel Resources Limited
  • Trusts, Companies and Divorce: Kan Lai Kwan v Poon Lok To Otto
  • Illusory trusts and Sham trusts: MezhProm Bank v Pugachev
  • Trusts and Friendship: Marr v Collie (Bahamas)
  • Trusts and Death: Money in Bank Accounts: Whitlock v Moree (Bahamas)

10% Off Special Discount: Enroll any 3 or more courses | Register a group of 3 or more
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- The Laws, Procedures and Pitfalls
#
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Presenter(s): Dr. Roger So
Code:
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Date: 6 September 2019 (Friday)
Time: 14:30 - 17:45
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55 Des Voeux Road Central, Central, Hong Kong
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Presenter(s): Dr. Alan W.K. Lee
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Venue: Kornerstone Institute, 15/F, Hip Shing Hong Centre,
55 Des Voeux Road Central, Central, Hong Kong
Language: English
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#
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Code:
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Time: 09:30 - 12:45 (Amended)
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55 Des Voeux Road Central, Central, Hong Kong
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*
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Code:
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Venue: Kornerstone Institute, 15/F, Hip Shing Hong Centre,
55 Des Voeux Road Central, Central, Hong Kong
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55 Des Voeux Road Central, Central, Hong Kong
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Accreditation(s): LSHK 3.0 CPD Points
SFC 3.0 CPT Hours
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*
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Presenter(s): Mr. Ip Ho Kin, Honic
Code:
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Time: 14:30 - 17:45
Venue: Kornerstone Institute, 15/F, Hip Shing Hong Centre,
55 Des Voeux Road Central, Central, Hong Kong
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#
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Time: 09:30 - 12:45
Venue: Kornerstone Institute, 15/F, Hip Shing Hong Centre,
55 Des Voeux Road Central, Central, Hong Kong
Language: English
Accreditation(s): LSHK 3.0 CPD Points
SFC 3.0 CPT Hours
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#

Last Chance, Register Now!
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Code:
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55 Des Voeux Road Central, Central, Hong Kong
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Last Chance, Register Now!
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Presenter(s): Dr. Stephen Thomson
Code:
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Time: 14:30 - 17:45
Venue: Kornerstone Institute, 15/F, Hip Shing Hong Centre,
55 Des Voeux Road Central, Central, Hong Kong
Language: English
Accreditation(s): LSHK CPD Points being applied for
Admission: Standard Fee: HK$1,780.00
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Last Chance, Register Now!
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Code:
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Time: 09:30 - 12:45
Venue: Kornerstone Institute, 15/F, Hip Shing Hong Centre,
55 Des Voeux Road Central, Central, Hong Kong
Language: English
Accreditation(s): LSHK 3.0 CPD Points
Admission: Standard Fee: HK$1,780.00
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#

Last Chance, Register Now!
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Presenter(s): Dr. Roger So
Code:
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Time: 14:30 - 17:45
Venue: Kornerstone Institute, 15/F, Hip Shing Hong Centre,
55 Des Voeux Road Central, Central, Hong Kong
Language: English
Accreditation(s): LSHK 3.0 CPD Points
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Last Chance, Register Now!
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Code:
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Time: 09:30 - 12:45
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55 Des Voeux Road Central, Central, Hong Kong
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Accreditation(s): LSHK 3.0 CPD Points
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Last Chance, Register Now!
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Time: 14:30 - 17:45
Venue: Kornerstone Institute, 15/F, Hip Shing Hong Centre,
55 Des Voeux Road Central, Central, Hong Kong
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Accreditation(s): LSHK 3.0 CPD Points
SFC 3.0 CPT Hours
Admission: Standard Fee: HK$1,780.00\
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