Cross-Border Business Transactions: Intellectual Property and Related Issues
What You Will Learn
The growing importance of e-commerce, products being made with international parts, NAFTA, the rise in licensing and franchising, and the outsourcing of services have truly made the world "flat." The production, distribution, and marketing of goods and services across borders raise a myriad of legal intellectual property issues and related concerns. Changing laws, evolving trends, and new technologies require in-house and outside counsel advising clients who are or may be transacting business across borders to remain well-acquainted with the evolving differences in intellectual property law and practice in the relevant jurisdictions to be aware of the new developments that impact on clients' rights and obligations. Under various circumstances, these attorneys must also be able to counsel on the implications of proposed business approaches within the framework of intellectual property and other technology-related rights.
This intermediate-level course of study, comprising 14 hours of instruction, addresses current developments and emerging trends in intellectual property as they relate to cross-border commerce. The program considers the impact of various laws and regulations which address or impact on intellectual property and related rights in the context of client counseling and planning.
An experienced, international faculty provides practical advice on:
Creation and management of relationships for doing business across borders
Manufacturing and distribution agreements
Monetary considerations
Staffing issues
Technology transfers
Solving business problems without running afoul of competition laws
Dealing with common legal issues relating to intellectual property across different cultures and legal regimes
Avoiding traps when working across different jurisdictions
Registrants will benefit from the perspectives of in-house counsel, private practitioners, and attorneys, barristers, and solicitors from a range of backgrounds and jurisdictions. Time is reserved throughout the program to address questions from registrants.
Planning Chairs
(Also on faculty)
Gary T. Daniel, Blake, Cassels & Graydon, LLP, Toronto, Ontario
Roberta Jacobs-Meadway, Ballard, Spahr, Andrews & Ingersoll, LLP, Philadelphia
Faculty
Raymond G. Arner, Miller, Canfield, Paddock and Stone, P.L.C., Cambridge, Massachusetts
Michael E. Charles, Bereskin & Parr, Toronto, Ontario
Arthur J. DeBaugh, Moore & Van Allen, PLLC, Durham, North Carolina
Abraham Drassinower, University of Toronto, School of Law and Counsel with Torys, LLP, Toronto, Ontario
Corey Field, Ballard Spahr Andrews & Ingersoll, LLP, Philadelphia
Cory Furman, Furman & Kallio, Regina, Saskatchewan
Greg Kanargelidis, Blake Cassels & Graydon, LLP, Toronto, Ontario
Michael A. Lampert, Saul Ewing LLP, Princeton, New Jersey
Jackie Leimer, Kraft Foods, Northfield, Illinois
Timothy M. Lowman, Sim Lowman Ashton & McKay LLP, Toronto, Ontario
R. Scott MacKendrick, Cameron MacKendrick LLP, Toronto, Ontario
Jennifer McKenzie, Bereskin & Parr, Toronto, Ontario
William J. McNichol, Jr., Reed Smith LLP, Philadelphia
Jay K. Meadway, Ballard Spahr Andrews & Ingersoll, LLP, Philadelphia
Lateef Mtima, Professor of Law, Howard University School of Law, Washington, DC
Mark J. Nicholson, Cassels Brock & Blackwell LLP, Toronto, Ontario
Xuan-Thao Nguyen, Professor of Law, Dedman School of Law, Southern Methodist University, Dallas
Rory J. Radding, Morrison & Foerster LLP, New York
Larry Rickles, Johnson & Johnson, New Brunswick, New Jersey
David R. Rudd, Ballard Spahr Andrews & Ingersoll, LLP, Salt Lake City
Robert L. Soza, Jackson Walker, L.L.P., San Antonio
Ken Strasberg, Express Vu, Bell Canada, Toronto, Ontario
Maury M. Tepper, III, Womble Carlyle Sandridge & Rice, PLLC, Raleigh, North Carolina
John M. Tuzyk, Blake Cassels & Graydon LLP, Toronto
William Thomashower, Schwartz & Thomashower, LLP, New York
Steven J. Wadyka, Jr., Greenberg Traurig, LLP, Tysons Corner, Virginia
ALI-ABA Staff Attorney: Kevin J. O'Connor, Sr. Assistant Director, Office of Courses of Study
TRAVEL TO CANADA
The Western Hemisphere Travel Initiative (WHTI) requires all travelers to and from Canada, Mexico, Central and South America, the Caribbean, and Bermuda to present a passport or other accepted document that establishes the bearer's identity and nationality to enter or re-enter the United States after September 30, 2007.
For more details, please go to http://travel.state.gov/travel/cbpmc_2223.html.
Program Schedule
THURSDAY, OCTOBER 18, 2007
7:30 a.m. Registration and Continental Breakfast
8:30 a.m. Trademark and Copyright Issues (Non-Patent) -
Messrs. Daniel, Field, and Meadway
10:00 a.m. Networking Break
10:15 a.m. Advertising Issues, Including Comparative Advertising - Mr. DeBaugh and Ms. McKenzie
11:30 a.m. Special Regulatory Considerations Relating to I.P., Territoriality, and GM, GI , Foods, Drugs, Drink, and Others -
Messrs. Arner, Tepper, and Tuzyk
12:30 p.m. Lunch Break
2:00 p.m. Patents, Trade Secrets, and Technical Transfer -
Messrs. Furman and Radding
3:30 p.m. Networking Break
3:45 p.m. I.P. Aspects of Customs, Including Recordal, Restricted Goods, and Recall - Messrs. Charles and Soza
4:30 p.m. In-House Panel Discussion: Major Concerns and Hot Topics - Ms. Leimer and Messrs. Rickles and Strasberg
5:30 p.m. Adjournment for the Day
FRIDAY, OCTOBER 19, 2007
8:00 a.m. Continental Breakfast
8:30 a.m. Does the Internet Change Anything: What and How? -
Mr. Erdle and Professor Mtima
10:00 a.m. Networking Break
10:15 a.m. Gray Markets and Parallel Imports -
Professors Drassinower and Ghosh
11:00 a.m. Ethics - Mr. Thomashower
12:00 noon Lunch Break
1:30 p.m. I.P. Aspects of Labor, Employment and Immigration Issues - Including Ownership, Intangibles, Personal Rights and Transfers - Messrs. Lowman and Wadyka
2:30 p.m. Structuring the Deal, I.P. Aspects of Tax Issues, and Avoiding Unintended Results - Messrs. Kanargelidis and Rudd, and
Ms. Nguyen
3:15 p.m. Networking Break
3:30 p.m. Antitrust/Competition Issues - Messrs. Lampert and Nicholson
4:30 p.m. Dispute Resolution - Ms. Jacobs-Meadway and
Mr. MacKendrick
5:30 p.m. Adjournment
Total 60-minute hours of instruction: 14, including one hour of ethics
