IPRIA Seminar Series

Brands and the Challenges of Grey Markets

A free public seminar in Melbourne proudly presented by IPRIA in association with the Centre for Media and Communications Law (CMCL) and the Melbourne Business School (MBS)

Podcast recording of the event available below

Brand owners have traditionally been able to control the geographical markets in which their products were sold. But now looser regulation of parallel imports, the internet's seamless distribution channels and the high Australian dollar have all combined to make generally cheaper-priced 'grey' (ie unauthorised but legitimately labelled) branded goods an attractive option for Australian consumers. How are brand owners and their local licensees handling the challenges of these alternative modes of distribution of their branded products? What new business models are being tried by grey marketers and how might these affect the shape of the retail sector in Australia? Should the law be changed to regulate grey markets? These questions will be examined by a panel of business, marketing and legal experts as well as grey market consumers, chaired by Janice Luck of the Melbourne Law School.



Janice Luck

Janice Luck (Chair) has held a fractional appointment in the Law School at The University of Melbourne for many years teaching intellectual property law in the Melbourne Law Masters. Until recently Janice also practised in the intellectual property law area in Melbourne. Prior to this Janice was a Senior Lecturer in Law in the Faculty of Law at Monash University where she taught intellectual property law both at graduate and under-graduate level. Janice has a Bachelor of Laws with First Class Honours from the University of Tasmania and a Master of Laws from London University. Janice has been a member of the Intellectual Property Committee of the Law Council of Australia since 1985. She was a member of the Federal Government's Working Party to Review the Trade Marks Legislation and has been a member of the Federal Government's Copyright Law Review Committee. She was also a Consultant to the Australian Law Reform Commission on their Designs Law Reference.

Owen Malone

Owen Malone has more than 30 years experience in working in intellectual property in both industry and governement. Having worked with Telstra Corporation (General Manager, Intellectual Property) and Freehills (Executive Director, Freehills Technology Services Pty Ltd), in 1998 Owen moved to the Foster's Group as Intellectual property Director with responsibility for the Group's intellectual property globally. In 2011 with the demerger of Foster's wine business, he was appointed as global Director Intellectual Property for Treasury Wine Estates Limited. Owen was a member of the Australian Government's Advisory Council on Intellectual Property (ACIP) from 1996-2002 and the chairman of ACIP from 1998-2002. He is a frequent speaker at conferences dealing with intellectual property management and commercialisation. In 2003 he was awarded the Centenerary Medal by the Australian Government for outstanding service to the advancement of Australian intellectual property.

Susy Frankel

Susy Frankel is a Professor at the School of Law, Victoria University of Wellington, teaching in intellectual property law and international trade law. Susy also teaches the law of contract. She is Co-Director of the New Zealand Centre of International Economic Law. Susy holds an LLM in Intellectual Property from the University of London. She is a member of the Editorial Board of the Journal of World Intellectual Property Law. In addition to her position at the university, she is Chair of the Copyright Tribunal (NZ). Susy has also held the position of an Assistant Commissioner of Trade Marks, Patents and Designs for the Intellectual Property Office of New Zealand. She also holds an appointment as an arbitrator and mediator for the World Intellectual Property Organisation Arbitration and Mediation Center, Geneva. Before joining Victoria University, in 1997, Susy practiced law in New Zealand and London. Susy qualified as Barrister and Solicitor of the High Court of New Zealand in 1988 and as a Solicitor of England & Wales in 1991.

Don O'Sullivan

Don O'Sullivan (Discussant) is a member of the marketing faculty at Melbourne Business School. His primary academic interest is in the impact of marketing activities on company performance. Don is an active member of the Chief Marketing Officers (CMO) Council of the USA. Since 2003 he has led the Council's Marketing Performance Measurement (MPM) research program, and is a co-author of the Council's Report on this topic. His research has been published in leading international journals such as Journal of Marketing, Journal of the Academy of Marketing Science, International Journal of Research in Marketing and Marketing Letters. Don has consulted on marketing performance measurement and marketing communications for a wide variety of companies. Previously, Don was Client Services Director at a marketing services agency targeting the European technology sector.


Vicki Huang is a lecturer in Marketing Law at Deakin University. Ms Huang graduated from the Melbourne Law School with first class honours. She also graduated with an LL.M. from Columbia University as a Burton Memorial Fellow and Harlan Fiske Stone Scholar. Ms Huang previously worked for the Federal Court of Australia as a Research Associate to the Hon. Justice Finkelstein.  She also worked for a number of years for law firms in Melbourne and California with a focus on intellectual property law.  She has been admitted to practice in Victoria and the State Bar of California.


DATE: Wednesday 26 October 2011, 6pm - 7:30pm (Refreshments from 5:30pm)

VENUE: Coles Theatre, Melbourne Business School, 200 Leicester Street CARLTON

COST: Free of charge

Grey Markets - Part 1 (Janice Luck)

Grey Markets - Part 2 (Owen Malone)

Grey Markets - Part 3 (Vicki Huang)

Grey Markets - Part 4 (Susy Frankel)

Grey Markets - Part 5 (Don O'Sullivan)

Gray Markets - Part 6 (Right of Reply by Owen Malone)


SEMINAR CONTACT: Michelle Wilson, IPRIA, Alan Gilbert Building, The University of Melbourne, VIC 3010
Telephone: (03) 8344 2153 Fax: (03) 8344 2111
Email: mawils@unimelb.edu.au