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Volume 11 Issue Article 41 Canada-United States Law Journal Volume 11 Issue Article 41 1986 Volume 11 Canada-United States Law Journal Follow this and additional works at: https://scholarlycommons.law.case.edu/cuslj Part of the Transnational Law Commons Recommended Citation Canada-United States Law Journal, Volume 11, 11 Can.-U.S. L.J. Iss. (1986) Available at: https://scholarlycommons.law.case.edu/cuslj/vol11/iss/41 This Front Matter is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Canada-United States Law Journal by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. VOLUME 11 1986 CONFERENCE PROCEEDINGS CANADA-UNITED STATES ECONOMIC TIES: THE TECHNOLOGY CONTEXT Conducted Under the Auspices of THE CANADA-UNITED STATES LAW INSTITUTE and CASE WESTERN RESERVE UNIVERSITY SCHOOL OF LAW Cleveland, Ohio April 18-20, 1986 Conference Chairman Henry T. King, Jr. Canada­ '--" United States ( Law Journal 1 Volume Eleven 1986 Case Western Reserve University School of Law 49 75CS2 104 XL. ee o s 21:\-:>7vv Cite as: CAN.-U.S. L. J. The Canada- United States Law Journal is published by the Case Western Reserve Journal of International Law on behalf of the Canada­ United States Law Institute. The Journal is currently an annual publica­ ..... tion and subscription rates are $5.00 per volume (domestic and foreign) . Subscriptions are accepted for an entire year and are payable in advance. Back volumes may be purchased by contacting William S. Hein & Co., Inc., 1285 Main Street, Buffalo, New York 14290. The Journal welcomes submission of comments and correspondence from readers and authors. All notifications of change of address should include both old and new addresses with ZIP codes. Address all correspondence to: Edi­ tor, Canada-United States Law Journal, 11075 East Blvd., Cleveland, Ohio 44106, U.S.A. The Journal also welcomes submission of articles on topics in inter­ national and comparative law. Manuscripts should be submitted in du­ plicate, typed triple-spaced, and should conform to the United States Government Printing Office Style Manual. Footnotes should be double­ spaced and should conform to A Uniform System of Citation (14th ed.}. Unpublished mansucripts will not be returned to the author unless requested. The Journal's policy requires that unless a claim for nonreceipt of a journal is received within 3 months after the mailing date, the Journal cannot be held responsible for supplying that issue without charge. The opinions expressed herein are those of the respective authors and not of the Canada-United States Law Journal. The Journal is printed by the Joe Christensen, Inc., 1540 Adams, Lincoln, Nebraska 68521. Notice: Subscriptions are renewed automatically unless timely no- tice of cancellation is received. THE CANADA-UNITED STATES LAW INSTITUTE Gratefully Acknowledges A Grant From THE WILLIAM H. DONNER FOUNDATION For the Underwriting of the CONFERENCE ON CANADA-UNITED STATES EcONOMIC TIES: THE TECHNOLOGY CONTEXT Cleveland, Ohio April 18-20, 1986 CANADA-UNITED STATES LAW INSTITUTE Canadian Director United States Director J. H. McLeod Henry T. King, Jr. Faculty of Law School of Law University of Western Ontario Case Western Reserve University London, Ontario N6A 3K7 11075 East Boulevard Canada Cleveland, Ohio 44106 ADVISORY BOARD Chairman Sidney Picker, Jr. Board Members David Brink Henry T. King, Jr. Hon. W. Z. Estey Monroe Leigh Paul Fraser Rosemary McCamey W. C. Graham Myres S. McDougal R. M. lvey J. H. Moore John Krajewski Louis B. Sohn D. Carlton Williams On behalf of the Canada-United States Law Institute, the Journal gratefully acknowledges foundiug grants from the governments of Can­ ada and the United States as well as the following foundations: The William H. Donner Foundation (U.S.); The Richard lvey Foundation (Canada); The Cleveland Foundation (U.S.); The Ontario Bar Founda­ tion (Canada); and The George Gund Foundation (U.S.). Canada-United States Law Journal Editors Renee F. Chudakoff David G. Meany Associate Editor Edmund T. MacMurray Associate Paul Vandevert Secretaries Linda Morris Cheryl Spence-Palfalvi 1 r·~, ~---------- Case Western Reserve Journal of International Law 1986-87 Editorial Board Editor-in-Chief Christopher P. Bauman Executive Editor David Funke Associate Executive Editor Tony Gemmato Senior Research Editor Senior Anicles Editor Erick C. Smith Lia Pascale Associate Research Editors Associate Articles Editors Stephen A. Douglas Elizabeth Frank Hilary Quay Sparks Donna L. Mitchell Notes Editor Solicitation and Topics Steve Rinaldi Development Editor Associate Notes Editor Julie Luft Nicholas z. Hegedus Canada-United States Law Journal Editor Rente F. Chudakotf Associate Canada-United States Law Journal Editor Edmund T. MacMurray Senior Associate Editors William Herrmann Jonathan Sands Editors Lori A. Acosta Laura Carlson Chen Yonhi Park Jeffrey A. Bloom Mary Davis Dennis P. Sawan Alan R. Caramella Ralf Greenwood Mark A. Sindler Rick McKenna Associates Pippa Henderson Chip Rader Santo Incorvaia Richard Wolfson Candidates Drew Alatis John Forg Danielle Pemberton Janet Albers Gale Freeman Mark Pusey Don Arndt Carla Freudenberg Carol Young Quayle Brett Barenholtz Hans Geho Nancy Rich Clarissa Barnett Jodi Green Lisa Robinson Onee Bergfeld Dawn Haghigi Brian Ross Donna Bertko Bill Hayes Beth Salisbury Joanne Barsh Andrea Hazell L. Scarcella Timothy Brick Harold Hom Ray Schmidlin Gloria Capt Chris Hunter Mark Silecky Mary Cermelj Mitchell Johnson Hewitt Smith Joe Cohen Jeff Kirchmeier Mike Smith Michele Cold Kathi Koehler Julianne Sonderlund Bill Costello Roy Krall Loren Sonkin Mike Denea Jeff Lehman Brian Stapleton Jeff Denning Mark Lindsay Lisa Stevens Rebecca De Simone David Lutz Tenni Tarchinski Rick DiLisi Juliano Marinkovich Doug Tulin Denise DiPasquale Katila Markulin Rosemary Turk Tim Downing Jacqueline Musacchia Jeff Van Fossen Dan Emma Bob Neault David Webster Rita Fagan Dean Nielson Jeffrey Weidenthal Mario Fazio Nancy Oretskin Cheri Westerburg Francesca Fiecconi Andrew Paisley Marie Wheeler Shari Feldman John Paxman Jeff Wolf Tom Pellis Advisory Board Francis A. Boyle Henry T. King, Jr. Robert A. Friedlander Barry M. Fischer Christopher C. Joyner Faculty Advisor Secretary Sidney Picker, Jr. Linda Morris EDITOR'S NOTES The following are the proceedings of a Conference held under the auspices of the Canada-United States Law Institute and Case Western Reserve University School of Law. The conference was held in Cleve­ land, Ohio on Aprill8-20, 1986. The theme of the Conference was Can­ ada-United States Economic Ties: The Technology Context. The articles and discussions printed here have been compiled from transcripts of the Conference and papers provided by the speakers. Foot­ notes are provided only to the extent they were included in these papers. Questions regarding unfootnoted factual assertions should be addressed to the authors. The views expressed within are those of the authors or Conference participants and do not necessarily reflect the opinions or policies of any organization, governmental agency, corporation, etc. of which they may be affiliated. Canada­ ~ United States c= Law Journal J VOLUME II 1986 PROCEEDINGS OF THE CANADA-UNITED STATES LAW INSTITUTE CONFERENCE CANADA-UNITED STATES ECONOMIC TIES: THE TECHNOLOGY CONTEXT Cleveland, Ohio April 18-20, 1986 Introduction and Conference Opening Professor Henry T. King, Jr. ......................... , ..... The Importance of Intellectual Property in Trade Between Canada and the United States The Honourable Michel Cote . 7 U.S.-Canada High Technology Trade Issues (remarks) Harvey E. Bale, Jr. 13 Discussion Following the Remarks of The Honourable Michel Cote and Dr. Bale, Jr.......... 19 Intellectual Property Protection in Canada: The Technology Challenge James Keon. 27 Overview of the United States Intellectual Property System: Current Issues Michael S. Keplinger . 51 Discussion Following the Remarks of Mr. Keon and Mr. Keplinger.. 65 The Relation of Intellectual Property Rights to Cross-Border Trade in the EEC Hans Smit. 69 I/ II I I I, ~ Discussion Following the Remarks of Professor Smit . 81 Patent Laws of the United States and Canada: Similarities and Differences Roy V. Jackson . 83 Differences Between United States and Canadian Intellectual Property Laws-Real and Apparent William L. Hayhurst....................................... 91 Discussion Following the Remarks of Mr. Jackson and Mr. Hayhurst . 141 An Introduction to "From Investment Screening to Investment Development: The Impact of Canada's Foreign Investment Review Agency (FIRA) and Investment Canada in Canada's Technological Development" Sydney G. Harris . 147 From Investment Screening to Investment Development: The Impact of Canada's Foreign Investment Review Agency (FIRA) and Investment Canada in Canada's Technological Development Gordon Dewhirst & Michael Rudiak . 149 Current Approaches to Foreign Investment Review in Canada James Spence.............................................. 161 Discussion Following the Remarks of Mr. Dewhirst and Mr. Spence . 179 The Impact of U.S. Export Controls on Trade Between Canada and the United States Jonathan T. Fried. 185 The Impact of U.S. Export Controls on Trade Between Canada and the United States (remarks) Arthur Downey. 195 Hypotheticals and Discussion Following the Remarks of Mr. Fried and Mr. Downey . 199 U.S. Tax Aspects of Technology Transfers Between the United States and Canada
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