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U N I V E R S I T Y O F V I C T O R I A F A C U L T Y O F L A W
I N T E R N A T I O N A L I N T E L L E C T U A L
P R O P E R T Y L A W S Y M P O S I A

INTELLECTUAL PROPER T Y IN
GLOBAL MAINSTRE AM
PRACTICE

FRIDAY, JULY 14, 2006
SATURDAY, JULY 15, 2006

UBC Robson S quare and the
Terminal City Club,
Vanc ou ver, British C olumbia, Canada

For detailed and updated information, go to www.ipint.org.

St. Peter’s College,
University of Oxford and Oxford
Intellectual Property
Research Centre at St. Peter’s

I am pleased to welcome you to the 2006 International Intellectual Property Law Symposium in Vancouver, British Columbia.

With links to technology, communications and global commerce, IP law and policy lie at the heart of the information economies of the 21st century. As such, IP issues have become increasingly important both to commercial law generalists, who must be able to identify the scope and effect of these issues within their practice, and to IP specialists, who are called upon to grapple with advanced aspects of the subject area. This Symposium seeks to address the needs of both groups.

ROBER T HOWELL

AC ADEMIC DIRECTOR INTERNATIONAL INTELLECTUAL PROPERT Y L AW SUMMER PROGRAM

Distinguished speakers from the judiciary, practice, government and academe will discuss contemporary issues at the cutting edge of IP law development. We are particularly fortunate this year to have Justice Louis LeBel of the Supreme Court of Canada delivering our keynote address. We are also delighted to welcome, among others, recently appointed Supreme Court of Canada Justice Marshall Rothstein and Canada’s Competition Commissioner Sheridan Scott.

PROFESSOR UNIVERSITY OF VICTORIA, FACULTY OF LAW

Professor Robert Howell has been with the Faculty of Law at the University of Victoria in British Columbia, Canada since 1980. He specializes in intellectual property law, private international law (conflict of laws), telecommunications law and the law and policies concerning the managing and marketing of intellectual property and related rights. He has published nationally and internationally in these fields and those of private international law and competition law to the extent that these areas concern intellectual property law. In 1999 he published (with Vincent and Manson) Intellectual

Property law, Cases and Materials and in 2002 he produced his

2nd edition of “Database Protection and Canadian Law” for the Canadian Federal department of Canadian Heritage. He is currently completing a text on telecommunications law in Canada including the law as applied to the Internet. He has organized and participated in national and international conferences and (from 1997) summer Intellectual Property Programs. The current summer International Intellectual Property program has received the Canadian Association of University Continuing Education (CAUCE) 2002 Award for the best international program.
This Symposium is offered as a stand alone event to members of the legal profession, the judiciary, and others with an interest in IP law. It also forms part of our six-week International Intellectual Property Law Summer Program. This highly successful program is provided jointly by the University of Victoria Faculty of Law, St. Peter’s College of the University of Oxford, and the University of Illinois College of Law. Now in its fifth year, the program has alternated between Victoria/Vancouver and Oxford. This summer, we once again welcome our partner institutions to British Columbia.

Finally, I wish to offer thanks to our two sponsors, Smart & Biggar in Canada and Brinks Hofer Gilson and Lione in the United States. These firms have been with us from the beginning, and their ongoing support has helped make possible this exciting endeavour in legal education and professional development.

Enjoy the Symposium.

Andrew Petter, Q.C.

Dean of Law, Victoria, B.C

www.law.uvic.ca

  • 2
  • 1

INTERN ATION AL INTELLECTUAL PROPER T Y L AW PROGRAM CO -DIRECTOR S

PROGRAM HIGHLIGHTS:

Luncheon with Keynote Speech at the Terminal

City Club on IP Law in Global Mainstream Practice, by The Honourable Justice Louis LeBel, Supreme Court of Canada

Symposium on Bench & Bar Practice Issues at

the Terminal City Club by The Honourable Justice Marshall Rothstein, Supreme Court of Canada, The Honourable Judge James F. Holderman, U.S. Federal District Court, N.D. Illinois (Chicago), and The Honourable Justice Johanne Gauthier, Federal Court of Canada

ROBERT HOWELL

PROFESSOR, UNIVERSIT Y OF VICTORIA , FACULT Y OF L AW

WWW. L AW. UVIC . C A

Symposium at UBC Robson Square:

• The Internet, Information & Copyright, including Google’s Grand Plan – Is it Grand Infringement? and the latest on file sharing

JAY KESAN

A SSOCIATE PROFESSOR, UNIVERSIT Y OF ILLINOIS COLLEGE OF L AW

• Trademark Developments: Functionality and Famous Marks in the Supreme Court and Non-traditional Trademarks

WWW. L AW. UIUC . EDU

• IP and Competition (Anti-Trust) Law, including Policy Directions: IP and

DAVID VAVER

PROFESSOR OF INTELLECTUAL PROPERT Y AND INFORMATION TECHNOLOGY L AW, UNIVERSIT Y OF OXFORD

Competition Law by Sheridan Competition Bureau
Scott, Chair,
• Databases: Lessons from Europe and Directions for Canada

DIRECTOR, OXFORD INTELLECTUAL PROPERT Y RESE AR CH CENTRE, ST. PETER’S COLLEGE

• Recent Patent Developments in U.S. and Canada

WWW. SP C . OX . AC . UK WWW. OIPR C . OX . AC . UK

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THE HONOURABLE LOUIS LEBEL

SUPREME COURT OF C ANADA

THE HONOURABLE MAR SHALL ROTHSTEIN

SUPREME COURT OF C ANADA

July 14, 2006 2:30–5:30 pm
July 14, 2006 12:30–2:30 pm

KE YNOTE LECTURE

“Procedures and Practice - An Appellate Perspective”
“IP Law in Global Mainstream Practice: Influence

of Extra-Territorial Trends”

Justice Rothstein was appointed to the Supreme Court of Canada by the Prime Minister on March 1, 2006 and was sworn in on March 9, 2006. Having been a featured speaker in the International Intellectual Property Law summer program since the program began in 2002, we are extremely pleased that Justice Rothstein has agreed to join us again this year.
Justice LeBel was appointed to the Supreme Court of Canada, January 7, 2000.

www.scc-csc.gc.ca www.scc-csc.gc.ca

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THE HONOURABLE JUDGE JAME S F. HOLDERMAN
THE HONOURABLE JUSTICE JOHANNE GAUTHIER

U. S. FEDERAL DISTRICT COURT,
FEDERAL COURT OF C ANADA
N. D. ILLINOIS (CHIC AGO)

  • July 14, 2006 2:30–5:00 pm
  • July 14, 2006 2:30–5:00 pm

“Do’s and Don’ts”
“Specialized IP Courts: Reduced Litigation Costs and Lower Reversals on Appeal?”

Justice Gauthier was appointed Judge of the Federal Court of Canada, Trial Division and ex officio member of the Federal Court of Canada of Appeal, December 11, 2002 and Judge of the Court Martial Appeal Court of Canada, February 20, 2003. Since July 2, 2003, the date of the coming into force of the Courts Administration Service Act, she is now Judge of the Federal Court.
Judge James F. Holderman has been a United States District Judge in Chicago since 1985 and this summer will become chief judge of the federal trial courts in Chicago. During his tenure on the bench, Judge Holderman has presided over numerous cases in all areas of federal jurisdiction, including intellectual property cases. Judge Holderman has been an important part of the International Intellectual Property Law summer program since the program began in 2002, and we look forward to seeing him again in Victoria this year.

www.fct-cf.gc.ca www.ilnd.uscourts.gov

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LOC ATION

UBC ROB S ON S QUARE

UBC Robson Square is conveniently located adjacent to the courthouse in downtown Vancouver, close to transit and within walking distance of many of the city's finest hotels, on Robson Street between Hornby and Howe Street. The entrance is located on the Plaza Level and may be accessed by stairways on either side of Robson Street at Howe, or by elevator from the underground parkade.

SHERIDAN S COT T

COMMISSIONER OF COMPETITION, COMPETITION BURE AU, C ANADA

DIRECTIONS BY C AR

In Vancouver's downtown core, turn south on Howe Street - a one-way street. Enter Robson Square's underground parkade at Howe at the corner of Nelson Street. Hourly parking charges apply ($3.00/hr weekdays, $13.00 maximum weekday rate, $3.50 evening flat rate and $4.00 all day weekends). There is also limited, metered street parking on Howe, Hornby, and Georgia Street.

July 15, 9:00 – 11:00 am

“Policy Directions, IP and Competition Law”

Sheridan Scott is Canada's Commissioner of Competition, the head of the Competition Bureau. Under the Competition Act, the Commissioner can launch inquiries, intervene as a competition advocate before federal and provincial bodies, challenge civil and merger matters before the Competition Tribunal and make recommendations on criminal matters to the Attorney General of Canada.

BY P UBLIC TRANSIT

Burrard and Granville SkyTrain stations are located within walking distance of UBC Robson Square. Buses stop near Robson Square on Burrard, Georgia, and Howe Streets. Visit the Translink website at www.translink.bc.ca to plan your route.

Before joining the Competition Bureau in January 2004, Ms. Scott was Chief Regulatory Officer of Bell Canada, responsible for overseeing all activities involving the CRTC, the Copyright Board and the Competition Bureau on behalf of Bell Canada, Bell Mobility and Bell ExpressVu. Ms. Scott previously served as Vice President - Office of the President and Vice President, Multimedia Law & Regulation at Bell Canada. From 1992 to 1994, Ms. Scott worked as Assistant Vice-President, Planning and Corporate Development and Vice-President of Planning and Regulatory Affairs at the Canadian Broadcasting Corporation. From 1983 to 1992, she worked as Legal Counsel and Senior Legal Counsel at the CRTC and was a part-time law professor at the University of Ottawa in 1990/1991 and at Carleton University in 1991/1992.

TERMIN AL CIT Y CLUB

Approximately four blocks from Robson Square, the Terminal City Club is located at 837 West Hastings Street. For those attending the full conference, travel time has been scheduled to allow for the short walk or cab ride from Robson Square to the luncheon and afternoon symposium. These will be held in the Ferguson Ballroom at the Terminal City Club.

Visit the club's website at www.tcclub.com for additional information and a virtual tour of the facilities.

Ms. Scott is a member of the Law Society of Upper Canada. She obtained a law degree from the University of Victoria in 1981, after which she served as Law Clerk to the Chief Justice, the Right Honourable Bora Laskin. In 2005, Ms. Scott was named one of Canada's 100 Most Powerful Women in the Trailblazer category by the Women's Executive Network (WXN) and received a Distinguished Alumni Award from the University of Victoria, where an entrance scholarship has been established in her name.

www.competitionbureau.gc.ca

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U N I V E R S I T Y O F V I C T O R I A F A C U L T Y O F L A W

S ATURDAY, JULY 15, 20 0 6
FRIDAY, JULY 14, 20 0 6

REGISTRATION AND REFRE SHMENTS

8:3 0 – 9:0 0 AM

REGISTRATION AND REFRE SHMENTS

8:3 0 – 9:0 0 AM

THE INTERNE T, INFORMATION & COP YRIGHT

IP AND COMPE TITION (ANTI-TRUST) L AW

9:0 0 – 10:45 AM

9:0 0 – 11:0 0 AM

  • “Google's Grand Plan – Is it Grand Infringement?”
  • “Policy Directions: IP and Competition Law”

  • William H. Frankel, Matthew Zischka
  • Sheridan Scott, Chair, Competition Bureau, Ottawa

“File Sharing -- Current Confusion and Reform”

Matthew Zischka, William H. Frankel

“Competition Law Enforcement of IP Ab(Use)”

Randall J. Hofley

REFRE SHMENT BRE AK

10:45 – 11:0 0 AM

11:0 0 – NOON

“Anti-Trust Issues for Standard Setting Organizations and Patent Pools”

TRADEMARK DE VELOPMENTS

Glen Belvis

“Non-Traditional Trademarks”

Jeffery Handelman

REFRE SHMENT BRE AK :

11:0 0 – 11:15 AM

“Functionality and Famous Marks in the Supreme Court”

John Bochnovic

DATABA SE S: LE S S ONS FROM EUROPE
11:15 – 12:0 0 NOON

TRAVEL TO THE TERMIN AL CIT Y CLUB

LUNCHEON: KE Y NOTE

NOON TO 12:3 0

12:3 0 – 2:3 0 PM

“Do Recent ECJ Decisions Encourage Additional Database Protections in Canada?”
Welcome

Tanya Aplin Robert Howell
The Honourable Lance Finch, Chief Justice of British Columbia

“IP Law in Global Mainstream Practice: Influence of Extra-Territorial Trends”

The Honourable Louis LeBel,

LIGHT LUNCH

NOON – 1:0 0 PM

Supreme Court of Canada

RECENT PATENT DE VELOPMENT

  • IN U. S. AND C AN ADA
  • 1:0 0 – 2:3 0 PM

  • BENCH AND BAR PRACTICE IS S UE S
  • 2:3 0 – 5:0 0 PM

“New Patent Reform Legislation in the U.S.”

Bradley Lane

“Specialized IP Courts: Reduced Litigation Costs and Lower Reversals on Appeal?”
“U.S. Patents and Cross Border Transmissions”

Robert Howell
The Honourable Judge James F. Holderman, U.S. Federal District Court, N.D. Illinois (Chicago)

“IP Trials – Expert Witness Examination”

Thomas Filarski

“Patent Developments in Canada: A Year in Review”

Michael Manson
Michael Manson

“Do’s and Don’ts”

The Honourable Justice Johanne Gauthier, Federal Court of Canada

CLOSING REMARK S

2:3 0 – 3:0 0 PM

“Procedures and Practice – An Appellate Perspective”

The Honourable Justice Marshall Rothstein, Supreme Court of Canada

11
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TANYA APLIN
GLEN P. BELVIS

LECTURER,
BRINKS HOFER GILSON & LIONE

KING'S COLLEGE LONDON, FACULT Y OF L AW

July 15, 9:00 am – 11:00 am
July 15, 11:15 am – Noon

“Anti-Trust Issues for Standard Setting Organizations and Patent Pools”
“Do Recent ECJ Decisions Encourage Additional

Database Protections in Canada?”

Glen P. Belvis has more than 20 years of experience in all facets of intellectual property law, including patents, trademarks, copyrights, trade secrets and related antitrust matters. He has substantial patent litigation experience, including bench and jury trials, appeals before the Federal Circuit and alternate dispute resolutions. He has also participated in several multinational litigations involving related patent lawsuits in the U.K., Europe, Asia, Canada and the United States.
Tanya Aplin joined the King’s College London School of Law in September 2002 as Lecturer in Law. She was previously a Lecturer in Law at Robinson College, Cambridge (2000-2002), and a Research Fellow at Murdoch University (1997-1999). Dr Aplin graduated from Murdoch University, Western Australia with a joint LLB/BA degree (1994) and from the University of Oxford with a BCL (1997) and D Phil (2002). She is a visiting lecturer on law programmes offered by the London Law Consortium, Pepperdine University, University of Tulsa, University of Victoria, B.C. and University of Illinois.
Mr. Belvis' experience covers a wide range of technologies including bio-tech, software, Internet, lasers, polymers, heavy equipment and pharmaceuticals. Mr. Belvis is also experienced in patent prosecution, interferences and proceedings before the PTO board of appeals. Mr. Belvis has testified as an expert witness on patent and trade secret matters. He has spoken, written and been interviewed on a wide range of topics related to intellectual property.
Dr Aplin’s research lies in the field of intellectual property law. She has written extensively on how digital technologies are regulated by copyright law at an international, European and national level (in the UK and Australia).

Her current research relates to the evolution of the action for breach of confidence. In particular, she is concerned with how privacy-based decisions in this area are altering the shape of this action as a whole, and not just in the realm of personal information. This research will form part of a second edition of the text Gurry on Confidence (Clarendon Press, 1984), which she is co-authoring with Professor Lionel Bently and Mr Simon Malynicz. Dr Aplin is also working (with Dr Jennifer Davis) on a Cases and Materials textbook on Intellectual Property Law, to be published by Oxford University Press.
Mr. Belvis obtained a B.S. in Chemistry from the University of Notre Dame and a J.D. from the University of DePaul Law School, where he was an editor of the law review and received the West Publishing Company Hornbook Award, which is presented to the student having the highest academic average in class. Mr. Belvis also served as an extern for the Honorable William J. Bauer, United States Court of Appeals for the Seventh Circuit. Mr. Belvis has been named an Illinois Super Lawyer in Intellectual Property Litigation, 2005-06, and a Leading Intellectual Property Lawyer, 2004-05 (Law Bulletin Publishing Co.).

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