Victoria University of Wellington law review最新文献

Sir Owen Woodhouse and the Making of New Zealand Law 欧文-伍德豪斯爵士与新西兰法律的制定

Victoria University of Wellington law review Pub Date : 2024-03-24 DOI: 10.26686/vuwlr.v54i4.9369

G. McLay

引用次数: 0

Reimagining the Law of the Sea: Evolution or Revolution? 重新认识海洋法：进化还是革命？

Victoria University of Wellington law review Pub Date : 2024-03-24 DOI: 10.26686/vuwlr.v54i4.9370

Joanna Mossop

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Other Special Circumstances and the Registration of Trade Marks 其他特殊情况与商标注册

Victoria University of Wellington law review Pub Date : 2024-03-24 DOI: 10.26686/vuwlr.v54i4.9367

Rob Batty

{"title":"Other Special Circumstances and the Registration of Trade Marks","authors":"Rob Batty","doi":"10.26686/vuwlr.v54i4.9367","DOIUrl":"https://doi.org/10.26686/vuwlr.v54i4.9367","url":null,"abstract":"Under s 26(b) of the Trade Marks Act 2002 (the 2002 Act), where \"other special circumstances\" exist and it is considered \"proper\", a trade mark application may be registered despite its conflicting with an existing trade mark. What amounts to \"other special circumstances\" is not defined in the 2002 Act, and the exception has not been subject to detailed judicial consideration. This lacuna creates challenges for applicants, their advisers, the Intellectual Property Office and the courts. In this article, by considering the text, context and historical purpose of such an exception, I argue that the provision should be understood as a mechanism to grant registration where this would avoid injustice because of the existence of out-of-the-ordinary circumstances faced by the trade mark applicant or which relate to the position between the trade mark applicant and the owner of a conflicting registration. A wide range of circumstances may be deemed \"special\" under s 26(b). However, I suggest that evidence of prior use per se and without more does not and should not automatically fall within the exception. Further, adjudicators should continue to approach the exception cautiously and narrowly to ensure it does not undermine other core tenets of New Zealand's trade mark system.","PeriodicalId":426444,"journal":{"name":"Victoria University of Wellington law review","volume":" 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140385552","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Woodhouse Heresies 伍德豪斯异端邪说

Victoria University of Wellington law review Pub Date : 2024-03-24 DOI: 10.26686/vuwlr.v54i4.9368

Richard Gaskins

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Ubiquity of Legal Pluralism and its Consequences 法律多元化的普遍性及其后果

Victoria University of Wellington law review Pub Date : 2024-03-24 DOI: 10.26686/vuwlr.v54i4.9371

B. Tamanaha

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State-Sponsored Abduction to Enforce British Law for Aotearoa New Zealand Pre-Annexation 国家支持的绑架，以便在吞并前对新西兰奥特亚罗瓦实施英国法律

Victoria University of Wellington law review Pub Date : 2023-12-06 DOI: 10.26686/vuwlr.v54i3.8789

Spencer Scoular

{"title":"State-Sponsored Abduction to Enforce British Law for Aotearoa New Zealand Pre-Annexation","authors":"Spencer Scoular","doi":"10.26686/vuwlr.v54i3.8789","DOIUrl":"https://doi.org/10.26686/vuwlr.v54i3.8789","url":null,"abstract":"Prior to the annexation of Aotearoa New Zealand in 1840, British authorities sponsored and practised the abduction of suspects from the islands of New Zealand to New South Wales and Van Diemen's Land, where they could be charged and tried before British courts for infringing laws for New Zealand passed by the British Parliament, as well as orders for New Zealand issued by governors of New South Wales. The sponsorship and practice of state-sponsored abduction occurred in two distinct periods: between 1814 and 1823, governors of New South Wales sponsored \"magistrates\" to practise abduction; and, between 1833 and 1840, the British Government sponsored British Residents to practise abduction. Specific cases are examined where the sponsorship of abduction was put into practice. The unlawful, expensive and impractical nature of state-sponsored abduction contributed to the ineffectiveness of the British system of law and order for New Zealand pre-annexation, which ultimately influenced Britain's decision to annex New Zealand after first signing a treaty with Māori. With the arrival of Hobson, the signing of te Tiriti o Waitangi/the Treaty of Waitangi and Britain's annexation of New Zealand in 1840, state-sponsored abduction became unnecessary and was quietly discontinued.","PeriodicalId":426444,"journal":{"name":"Victoria University of Wellington law review","volume":"26 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138597021","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Care of Children Act 2004: Continuation of Cultural Assimilation 2004 年《儿童保育法》：文化同化的继续

Victoria University of Wellington law review Pub Date : 2023-12-06 DOI: 10.26686/vuwlr.v54i3.8786

Alison Cleland

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Sovereign Encounters 主权邂逅

Victoria University of Wellington law review Pub Date : 2023-12-06 DOI: 10.26686/vuwlr.v54i3.8787

Joel I Colón-Ríos

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Weaving "Equity, Belonging and Power/Authority" for Pasifika into the Law Schools and Universities in Aotearoa New Zealand 将 Pasifika 的 "平等、归属感和权力/权威 "融入新西兰奥特亚罗瓦的法学院和大学中

Victoria University of Wellington law review Pub Date : 2023-12-06 DOI: 10.26686/vuwlr.v54i3.8790

Mele Tupou Vaitohi

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Catholic Canon Law and Homosexuality: An Assessment of the Natural Law Justification for Homosexual Intolerance 天主教法典与同性恋：评估不容忍同性恋的自然法理由

Victoria University of Wellington law review Pub Date : 2023-12-06 DOI: 10.26686/vuwlr.v54i3.8788

Rusi Jagose

{"title":"Catholic Canon Law and Homosexuality: An Assessment of the Natural Law Justification for Homosexual Intolerance","authors":"Rusi Jagose","doi":"10.26686/vuwlr.v54i3.8788","DOIUrl":"https://doi.org/10.26686/vuwlr.v54i3.8788","url":null,"abstract":"The Catholic Church is a global power capable of influencing the development of domestic law in multiple jurisdictions. This influence can be obvious, such as where politicians vote according to a religiously formed conscience. The influence of the Church can also be more subtle. At the heart of several social conventions is a collection of traditional societal norms that originated within the boundaries of the Catholic canon law. In many states these conventions have developed naturally due to advancements in modern philosophical and scientific thought. However, in states with strong Catholic or Christian traditions, societal development is prone to stagnation due to conflicts between the official canons, the more liberal canons and societal development. One example where this conflict is most obvious is the canon law surrounding homosexuality. The official position of the canon law is conservative. Homosexuality is treated as a disease-like condition requiring strict abstinence to achieve spiritual enlightenment. The foundation for this position derives from natural law theory. Natural law theorists repel suggestions for reform based upon the idea that the rules stemming from natural law theory are either divine in origin or are articulations of naturally existing goods. I make the appraisal that the natural law foundation to the conservative position collapses when the true historical origins and motivations for the traditional position are revealed. When the origins of the canon law are no longer regarded as \"divine in nature\", the law can be more receptive to societal development.","PeriodicalId":426444,"journal":{"name":"Victoria University of Wellington law review","volume":"52 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138597595","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0