5Pm 7Pm International Board Meeting

2012 AIDV ANNUAL CONFERENCE BENTO GONÇALVES

Thursday 4 October 5pm – 7pm International Board Meeting

Friday 5 October

8.30am – 9.00am CONFERENCE REGISTRATION 9.00am – 9.30am CONFERENCE OPENING AIDV President: Félix S. Pérez Conference Host: Roner Guerra Fabris State Governor: Tarso Genro – To be confirmed

9.30am – 10.30am SESSION 1 PRESERVATION OF THE ENVIRONMENT

The increasing need to preserve our environment imposes on every responsible government the need to regulate. Of course, Governments have the need to take a national view, commonly designed to deal with all industries or all agricultural sectors. This obviously raises a range of legal compliance problems for the wine sector which is faced with increasing regulations.

The AIDV speakers will identify sustainable environment laws now in place or foreshadowed or predicted for their region and, where appropriate, what problems or legal issues are raised by such laws. These laws include, for example:

 obtaining and transferring the right to take water from the land (from bores, rivers, streams or even from collected rainfall) - known in some countries as water licences;

 restrictions on the use of particular chemicals;

 carbon production limitations; and

 waste disposal.

Chairman: Roner Guerra Fabris - Brazil Speakers:

1. Ivanira Falcalde, Professora-Pesquisadora da Universidade de Caxias do Sul (UCS), Caxias do Sul, Brasil 2. Richard Mendelson, Attorney/of Counsel Dickenson Peatman & Fogarty PLC, Napa, USA

6272334/7 24/04/2012 7:07 PM 10.30am – 11am Morning Tea

11am – 12.30pm Session 2 BARRIERS TO ENTRY OF WINES INTO LOCAL MARKETS AND HOW TO DEAL WITH THEM

This topic deals with the legal and fiscal barriers to entry of wines into various markets, be they taxes, labelling requirements, licensing laws, customs restrictions, blending restrictions, oenological / winemaking restrictions, or others.

Chairman: Vince O’Brien - USA Speakers:

1. Andreas Clark, Chief Operating Officer at Wine Australia Corporation., Australia 2. Kelly Bruch, Advogada no Instituto Brasileiro do Vinho (IBRAVIN), Bento Gonçalves, Brazil 1. Wiebke Gorny, Advogado na Anwaltsbüro Gorny, Frankfurt, Germany

12.30pm – 2pm Lunch

2pm – 3.30pm SESSION 3 GEOGRAPHICAL INDICATIONS

How has the law of GIs been developing around the world? What international treaties on GIs are currently under discussion? How have the Mercosur countries been implementing GI systems? How have the developing concepts of wine landscape and heritage being built into the GI systems?

Issues to be discussed include:

 What lessons can be learned from the impacts of other wine treaties such as the EC - Australia Wine Treaty insofar as GI misuse is concerned

 The change of the meaning in legal concepts of GIs

 How aspects of the wine landscape can be used as GIs

 What are the Mercosur wine GI systems and are there any ongoing international negotiations

Chairman: Mauro Celso Zanus Speakers:

1. Luiz Cláudio Dupin, Engenheiro Químico, Pesquisador em Propriedade Industrial na Coordenação de Fomento de Registros de IG do Instituto Nacional da Propriedade Industrial (INPI), Rio de Janeiro, Brazil 2. Peter Brody, Sócio-Advogado no Escritório ROPES & GRAY LLP, Washington, USA 3. Andrés Melossi, Advogado na BBP - Beuchat, Barros & Pfenniger, Santiago, Chile

6272334/7 24/04/2012 7:06 PM page 2 3.30pm – 4pm Afternoon Tea

4pm– 5.30pm SESSION 4 CHINA - THREATS & OPPORTUNITIES The Chinese market is seen as one offering great opportunities for wine businesses. The question of opportunities is not so much a legal one, but a commercial one. This session will commence with a short overview of the growing Chinese wine market, it's growth rates, where it sources it's products (both local and imported) and so forth. The preliminary presentation could also describe the nature of the economy and one's ability to enter it. Then the legal aspects could then be addressed, touching on or perhaps starting with the very significant threats posed to all brands with any reputation, namely that of counterfeiting and of trade mark theft in China, having impacts on both the local Chinese market and on foreign markets to where counterfeits are exported. This part of the session would deal with the key IP issues, including obtaining registration of a Chinese trade mark, how to do that, what would happen if a third party gets in and registers your trade mark before you, and how to fight counterfeits. Other legal problems or issues should then be addressed, including the existence of barriers to entry (if any) of wines.

Chairman: Luis De Javier - Spain Speakers:

1. Ricardo Schaefer, Secretário Executivo Adjunto do Ministério de Desenvolvimento, Indústria e Comércio (MDIC), Brasília, Brasil 2. Liam Zhu, Advogado da Boss & Young Patent and Trademark Law Office, Beijing, China 3. Morgana Miolo, Gerente de Exportação da Miolo Wine Group, Bento Gonçalves, Brasil. 4. Andréia Gentilini Milan, Gerente de Projeto Wines of Brazil – IBRAVIN, Bento Gonçalves, Brasil.

6pm – 7pm General Assembly Saturday 6 October

9am – 10am SESSION 5 PLAIN PACKAGING FOR THE ALCOHOL SECTOR – THE ONGOING THREAT

Chairman: Philippe Hunziker.- Switzerland Speakers:

1. Jeremy Stevenson, General Counsel Accolade Wines, Reynella South Australia, Australia 2. Stephen Stern, Partner da Corrs Chambers Westgarth, Melbourne, Australia

6272334/7 24/04/2012 7:06 PM page 3 10.00am – 10.30am Morning Tea

10.30am – 12.30pm SESSION 6 INTELLECTUAL PROPERTY The topic of intellectual property is always important for the wine sector, and there seems to be a never- ending series of disputes dealing with intellectual property matters. Indeed, the question of the conflict between trade marks and geographical indications appears still to be live. This session will deal with topics such as:  the GI –v- TM conflict  how patenting wine technology can retard industry development  counterfeits in the wine sector  licensing vineyard names and so forth.

Chairman: Félix S. Pérez - Spain Speakers:

1. Theodore Georgopoulos, Diretor do Programa Wine & Law University of Reims (Reims, França) e Consultor Jurídico no Greek Wine Federation (Atenas, Grece). 2. Scott Gerien, Advogado e Diretor - EUA no Escritório Dickenson Peatman & Fogarty PLC, Napa, USA 3. Ana Lúcia Borda, Coordenadora da Comissão de Estudos de IGs na Associação Brasileira de Propriedade Intelectual (ABPI) e Advogada na Dannemann, Siemsen, Bigler & Ipanema Moreira, Rio de Janeiro, Brazil. 12.30pm – 2pm Lunch

2.00pm – 3.30pm SESSION 7 ORGANIC WINES’ REGULATION While the organic wine market is growing exponentially, every nation is looking to establish their own certification. What is considered organic in one country may not be in another. Both the consumers and wine professionals would benefit from a harmonization of regulations. The implementation of universal standards would eliminate all barriers blocking organic trades now because of the current lack of consistency.

 Definition of “organic”  Laws, regulations or guidelines regulating the use of the term  The organic wines’ standards established by these norms  Problems that have been encountered to date.

Chairman: Celina Esteller- Argentina

6272334/7 24/04/2012 7:06 PM page 4 Speakers :

1. José Cleber Dias de Souza, Fiscal Federal Agropecuário - Engenheiro Agrônomo Ministério da Agricultura, Pecuária e Abastecimento (MAPA), Porto Alegre, Brazil. 2. Robert Caroll, Advogado da Nixon Peabody LLP, San Francisco, USA 3. Annie Paly, Diretora da Fédération des AOC du Sud-Est (FRAOC), Avignon, France

3.30pm – 4pm Afternoon Tea

4pm – 5.30pm SESSION 8 AGRICULTURE INSURANCES IN THE WINE SECTOR How is this put into practice around the world. What are the controversial matters?

Chairman: Des. Ney Wiedmann Neto – from the Rio Grande do Sul State Court of Appeal

Speakers

1. Laura Neves, Diretora Executiva da AgroBrasil Operadora de Seguro Agrícola, Porto Alegre, Brazil 2. Marco Aurélio Mello Moreira, Advogado no Müller & Moreira, Porto Alegre, Brazil.

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