intellectual property law intellectual property law - Bristows

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INTELLECTUAL
PROPERTY LAW
SUMMER SCHOOL 2010
A comprehensive introduction and update on developments in
intellectual property law and practice from industry leaders
16th – 20th August 2010, Downing College, Cambridge, UK
FULLY INCLUSIVE RESIDENTIAL CONFERENCE WITH PANEL SESSIONS, WORKSHOPS,
CASE STUDIES AND A MOCK ARBITRATION EXERCISE
DAY ONE: BASICS DAY
Get up to speed with an introductory look into the full range of IP rights and licensing
Chaired by Brian Cordery, Partner, Bristows
DAY TWO:
PATENTS DAY
Future trends • Cross border
patent strategy • Freedom to
operate • International patent
validity • Risks of infringement
• Obviousness • Breakout
sessions: Software patents or
biotech and pharmaceutical
developments •
Chaired by: Morag
Macdonald, Joint Head of
International IP, Bird & Bird
DAY THREE:
TRANSACTIONS &
ENFORCEMENT DAY
Portfolio management • Due
diligence • Economics of IP •
Licensing • Enforcement
principles • IP valuations •
Anti-counterfeiting and
customs regulations • Domain
names • IP and Competition
law interface •
Chaired by: Trevor Cook,
Partner, Bird & Bird
DAY FOUR:
TRADE MARK AND
DESIGNS DAY
CFI and ECJ case law • Forum
shopping • Design rights •
Community Trade Marks •
Comparative advertising •
Pan-European litigation • Mock
arbitration exercise • Nontraditional
marks •
Chaired by: Isabel Davies,
Senior Partner, CMS Cameron
McKenna
DAY FIVE:
COPYRIGHT DAY
National and international
regimes • Database protection
• Internet issues • Collective
licensing • Orphan works •
Gowers Review • Reform
proposals update •
Chaired by: Professor
Adrian Sterling, Professorial
Fellow, Queen Mary IP
Research Institute, University
of London
PLUS…
• Share the experience and expertise of over 30 international industry leader speakers
• Registration is fully inclusive of accommodation, meals and entertainment (see back page for details)
• 5 exciting networking functions to extend your network of like-minded contacts from across Europe and
beyond: Quiz night, gala dinner, champagne and strawberry reception, punting on River Cam and barbeque
• Interactive mock trade mark arbitration exercise to really get to grips with the latest hot topics
• Up to 30 CPD hours available for attendance at all 5 days
…AND MUCH MUCH MORE!
Media
partners:
IBC Legal Conferences
Investing business with knowledge
Book online or find out more at
www.ibclegal.com/iplawss
Bar Council: Up to 30 CPD hours
SRA: Up to 16 CPD hours
ITMA: Up to 21 points
This brochure has been produced using environmentally-friendly paper sourced from sustainable forests and is bleach-free

Intellectual Property Law
Booking hotline: +44 (0)20 7017 5503 Bookings fax: +44 (0)20 7017 4746
BASICS DAY
PATENTS DAY
DAY ONE • Monday 16th August 2010
08.30 Registration and coffee
09:00 Chair's opening remarks
Brian Cordery
Partner
BRISTOWS (London)
09:10 Introduction to Intellectual Property
• What is intellectual property?
• The rights and how they interrelate
• International conventions
• European Union law
Dr. Jeremy Philips, Blogmeister, IPKAT (London)
10:10 Introduction to Trade Mark Law and Practice: UK, Europe and
International
• Unregistered trade marks
• The action for passing off
• Registered trade marks: UK and CTM
• Absolute grounds of refusal
• Relative grounds of refusal
• Opposition, revocation and invalidity proceedings
• Transactions involving trade marks
• Infringement proceedings
Brian Cordery, Partner, BRISTOWS (London)
11:10 Morning coffee
11:30 "Other Rights"
• Design right
• Domain names
• Trade secrets
Anna Duffus, Partner, BIRD & BIRD (London)
12:30 Lunch
14:00 Understanding Copyright: An Introduction to the Principles of
Copyright Law and Practice
• What attracts copyright protection and why?
• Originality, authorship, ownership and duration
• International protection
• Infringement - covering defences, exceptions and limitations
• Enforcement
• Neighbouring rights
Jonathan P Cornthwaite, Partner, WEDLAKE BELL (London)
15:00 Reviewing the Basics of Intellectual Property Licensing
• Introduction to contract law
• Types of IP rights
• Enforcement of IP rights
• Contents of a licence agreement
• Payments and royalty fees
Marian Flattery, Global Head of Intellectual Property - Crop Protection,
SYNGENTA AG (Basel)
16:00 Afternoon tea
16:20 Introduction to the General Principles of Patent Law and Practice
• Anatomy of a patent: Title, introduction, figures, description, claims and
abstract
• Patent systems: National, regional, Patent Co-operation Treaty and Paris
Convention
• Requirements for a patent: Novelty, inventive step, industrial susceptibility
and sufficiency
• Protecting the right thing: Claim types, scope
• Post grant: Enforcement, opposition and revocation
Dr Julian Potter, Partner, W. P. THOMPSON & CO (London)
17:20 Chair's Closing Remarks
17:30 End of Basics Day
19.00 Dinner & Quiz Night
DAY TWO • Tuesday 17th August 2010
08:30 Registration and coffee
09:00 Chair's Opening Remarks: Future Trends in Patents
Morag Macdonald
Partner/Joint Head of International IP Group
BIRD & BIRD (London)
09:15 Cross Border Patent Strategy
• The current state of play on cross-border injunctions and "torpedoes"
• Preparing for a European-wide attack
• The pros and cons of the different jurisdictions
• Community regulation on service and jurisdiction
Morag Macdonald, Partner/Joint Head of International IP Group, BIRD &
BIRD (London)
10:00 INTERNATIONAL PANEL SESSION: Freedom to Operate - What are
the Risks of Infringement?
The panel will review and discuss a scenario in the context of freedom to
advise. Each panel member will give a short presentation after which a
discussion will follow, plus an opportunity for questions from the delegates.
Morning coffee will be taken at a convenient point during this session.
Panel Members:
Rowan Freeland, Partner, SIMMONS & SIMMONS (London)
Bert Oosting, Partner, LOVELLS (Amsterdam)
Felix T. Rödiger, Partner, BIRD & BIRD (Düsseldorf)
Ken Adamo, Partner, JONES DAY (Cleveland, US)
12:15 Lunch
13:45 INTERNATIONAL PANEL SESSION: Patent Validity
The panel will review and discuss the law on obviousness, novelty, sufficiency
and breadth of claims. As with the morning session, each panel member will
give a short presentation after which a discussion will follow, plus an
opportunity for questions from the delegates.
Issues to be discussed include:-
Europe
• Obviousness and approaches by the courts
• Novelty (and inevitable result)
• Novelty v. obviousness
• Presumption of validity and evidentiary burden to prove validity
• Validity and infringements/injunctions
U.S.A.
• Recent developments in American law concerning validity
• Validity challenges to business method patents
• Novelty and inevitable result
• Claim construction/inequitable conduct
Panel Members:
Rowan Freeland, Partner, SIMMONS & SIMMONS (London)
Bert Oosting, Partner, LOVELLS (Amsterdam)
Felix T. Rödiger, Partner, BIRD & BIRD (Düsseldorf)
Robert J. Goldman, Partner, ROPES & GRAY (Palo Alto, US)
15:45 Afternoon tea
16:00 PARALLEL WORKSHOP SESSIONS - CHOOSE FROM 2 OPTIONS:
Option 1 - Patentability of Computer-Implemented Inventions in
the US and Europe
• What scope of protection is available in the US?
• The impact of the US Supreme Court’s Bilski decision
• Patentability issues for software, business methods, and medical diagnostic
technologies
• Tips and strategies for drafting and prosecuting US patent applications in
these areas
Timothy May, Partner, FINNEGAN (Brussels)
Europe
• What scope of protection for business methods is available in Europe?
• Leading EPO decisions dealing with the patentability of software and
inventions related to business methods
• EU directive on the patentability of computer implemented inventions
• Getting to grips with the "technical effect" requirement
• Tips for drafting patent specifications and claims on business methods
Ian Loveless, Partner, REDDIE & GROSE (London)

For the latest programme and online booking: www.ibclegal.com/iplawss
w Summer School 2010
Option 2 - Biotech and Pharmaceutical Developments
• The EU Biotechnology Directive
• Patenting of genes
• Patenting of stem cells and higher life forms
• Patenting of medical treatment and diagnostic methods
• Case law developments in the US
Dr Nina White, Partner, BOULT WADE & TENNANT (London)
Robert J. Goldman, Partner, ROPES & GRAY LLP (Palo Alto, US)
17:30 Close of DAY TWO
18.30 Champagne and Strawberries Reception
19.00 Gala Dinner
DAY THREE • Wednesday 18th August 2010
09:00 Chair's Opening Remarks
Trevor Cook
Partner
BIRD & BIRD (London)
09:15 IP Portfolio Management
• Claims and early life cycle protection
• Dispute assessment and avoidance strategies
• Generate revenue through licences or sue for infringement?
• Tactical manoeuvres
• Case studies
Gordon Wright, Partner, ELKINGTON & FIFE (London)
Richard Lawrence, Director, KELTIE (London)
10:15 Trade Secrets and Breach of Confidence
• Understanding breach of confidence - the "4 - step" test
• What is a "trade secret"?
• Identifying a relationship of confidence
• Breach and enforcement
• Litigation specifics and remedies
• Defences including the "public interest" defence
• Rise of the privacy action
John Hull, Partner, EVERSHEDS (London)
11.00 Morning coffee
11:15 Intellectual Property Licensing
• The philosophy of licensing
• The nature of the licence
• Key structural issues
• Negotiation fundamentals
• Open source agreements
Michael Luckman, Partner, WRAGGE & CO (Birmingham)
12.15 IP Due Diligence: Maximising the Benefits
• The purpose of due diligence
• Growing importance of IP/T
• Knowing the deal
• The role of warranties and indemnities
• Designing an effective strategy for due diligence
• IP searches
• Contract reviews
• Forms of reporting to the client
• Particular issues: Patents, trade marks, copyright and designs, know-how and
confidential information, domain names, IP licensing arrangements and IT
contracts
• Areas of particular concern - improvements, joint ownership etc.
Jim Ford, Partner, ALLEN & OVERY (London)
13.00 Lunch
TRANSACTIONS & ENFORCEMENT DAY
14.15 IP Enforcement Basics
• Jurisdiction and proper Law
• Provisional and precautionary measures and the Enforcement Directive
• Remedies on the merits and the Enforcement Directive
• Criminal jurisdiction over infringement
• Other approaches to enforcement
Trevor Cook, Partner, BIRD & BIRD (London)
14.45 IP Rights and Competition Law within the Pharmaceutical and TMT
Sectors
• IP rights and competition: Conflicting or complementary?
• The "tension" between IP rights and competition law
• IP rights, exhaustion and parallel trade in the European Union
• The IP "monopoly": Could this constitute an abuse of a dominant position?
• IP agreements and the prohibition on anticompetitive provisions
• Recent developments: The European Commission’s views on the ‘misuse’ of
the patent system
Dr Myles Jelf, Partner, BRISTOWS (London)
15.45 Afternoon tea
16.00 Using the Custom Regulations in Anti-Counterfeiting
• Making customs procedures work for your products
• EU transhipment case law
• Nokia v HMRC / Philips v Lucheng
• Regulation 1383/2003 as part of a litigation strategy
• Criminal Measures Directive and other developments
• Creating and implementing a practical anti-counterfeiting strategy
Geert Theuws, Attorney-at-Law - Intellectual Property, HOWREY (Amsterdam)
16.45 Domain names
• Introduction - property right or contractual right?
• Registration: How, where and how much?
• Avoiding registry scams
• Researching domain names - due diligence
• Sale, purchase and transfer
• Disputes - UDRP and Nominet's DRS (for .uk)
Stuart Helmer, Senior Associate - IP/IT, CMS CAMERON MCKENNA (London)
17.30 Close of DAY THREE
19.00 Dinner
TRADE MARKS & DESIGN RIGHTS DAY
DAY FOUR • Thursday 19th August 2010
09:00 Chair's opening remarks
Isabel Davies
Senior Partner
CMS CAMERON MCKENNA (London)
09:15 New Designs Regime, CTM Interface, Community and UK Designs: A
Case Study of Mattel v Simba
• The Community registered design
• The unregistered Community design
• Harmonised national law on designs
• Novelty and individual character
• Designs dictated by the product’s technical function
• Design right or three-dimensional trade mark?
• Jurisdiction
• Standards for infringement; Proctor & Gamble v Reckitt Benckiser
David Keeling, Member, Second Board of Appeal, OHIM (Alicante)
Morag Macdonald, Partner/Joint Head of International IP Group, BIRD &
BIRD (London)
10.45 Political Developments Relating to Trademarks and Designs
• EC consultation
• Designs consultation
• What lies ahead in the General Court and ECJ
Isabel Davies, Senior Partner, CMS CAMERON MCKENNA (London)
11:10 Morning coffee
11.25 Pan-European Trade Mark Litigation and Forum Shopping
• Unitary character of CTMs
• Jurisdiction of CTM courts
• Forum shopping in the EU
• Relevance of the Brussels Regulation
• Pan-European injunctions and damages: When will they be granted?
• Counterclaims for invalidity or revocation
• Comparative advertising
Alan Bryson, Barrister, WILBERFORCE CHAMBERS (London)

Email: professionalcustserv@informa.com
16th – 20th August 2010
Downing College, Cambridge, UK
12:25 Overview of Recent CFI and ECJ Case Law: What Guidelines are
Imposed from Luxembourg?
Isabel Davies, Senior Partner, CMS CAMERON MCKENNA (London)
13:10 Lunch
14:15 BREAK OUT INTERACTIVE WORKSHOP: Trade Mark Mock Arbitration
In this interactive workshop session, a case involving many aspects of trade
mark law in Europe will be arbitrated and debated in small groups. Delegates
will be given the opportunity to consider a number of issues related to trade
mark infringement and how those issues should be presented at an arbitration.
Provided with facts in advance, delegates will be split into small groups and will
be asked to prepare an argument on behalf of each party to the arbitration.
They will be given an opportunity to present their case as well as to reply. In
order to benefit from the session, delegates are advised to read and consider
the paperwork which will be provided in advance.
Facilitators:
Isabel Davies, Senior Partner, CMS CAMERON MCKENNA (London)
Alan Bryson, Barrister, WILBERFORCE CHAMBERS (London)
Morag Macdonald, Partner/Joint Head of International IP Group, BIRD &
BIRD (London)
Tea will be taken at a convenient interval in the afternoon.
16:30 Reconvene for discussion of results of workshop break-out groups
16:45 Close of DAY FOUR
17.00 Punting on the River Cam
(weather permitting)
19.00 Barbeque
(weather permitting)
12:15 Internet Issues
• Peer-to-peer file sharing
• Social networking
• YouTube and social networking
• EC CISAC decision
• Virtual worlds
Prof Adrian Sterling, Professorial Fellow, Queen Mary Intellectual Property
Research Institute, UNIVERSITY OF LONDON (London)
13:00 Lunch
14:00 Collective Societies and Licensing
• The role of collecting societies
• Licensing: Present and future
• Challenges of digitisation and globalisation (Google Book settlement)
Kevin Fitzgerald, Chief Executive, THE COPYRIGHT LICENSING AGENCY
(London)
14:45 Proposed Reforms
An up to the minute update on the latest proposals for change to copyright law
at home and abroad
Phillip Johnson, Barrister (London)
15:30 Chair's Closing Remarks
15:45 Close of Summer School
WHAT IS SPECIAL ABOUT IBC LEGAL’S SUMMER
SCHOOLS?
COPYRIGHT DAY
DAY FIVE • Friday 20th August 2010
09:00 Chair's Opening Remarks
Prof Adrian Sterling
Professorial Fellow, Queen Mary Intellectual Property Research
Institute
UNIVERSITY OF LONDON (London)
SESSION 1: OVERVIEW OF INTERNATIONAL COPYRIGHT LAWS
09:15 Overview of National Copyright Laws
• Common law systems (UK and other Commonwealth countries, Ireland, USA
etc.)
• Civil law systems: Continental European countries including France, Germany,
Russia, Latin American and Francophone countries etc.
Fully inclusive
As an attendee for the full 5 day conference, your registration fee is fully
inclusive of 4 nights full board accommodation from Monday night through to
Thursday night and a varied programme of networking events and entertainment
each evening.
Unique education and networking opportunities
Not only are you guaranteed the highest level of teaching from our panel of
international experts, but the inclusion of networking activities creates an
informal and relaxed learning environment. The full and varied networking
functions are the perfect way to cement newfound relationships within the IP
industry.
09:45 International Copyright Law
• Berne, Universal Copyright, Rome Conventions, TRIPS, WIPO Treaties
10:15 Current Issues
10:30 Regional Aspects
• European Union
• North American Free Trade Agreement
• Other US Free Trade Agreements
• Cartagena Agreement
Prof Adrian Sterling, Professorial Fellow, Queen Mary Intellectual Property
Research Institute, UNIVERSITY OF LONDON (London)
11:00 Morning coffee
SESSION 2: CURRENT TOPICS
11:20 Database Protection
• What constitutes a database? Is it dynamic?
• When is a database protected by a database right, rather than copyright?
• Who can exploit rights?
• How long does the database right last?
• How to spot an infringement
• What defences are available?
• Does the legislation make sense?
• The FA Case
• BHB v William Hill
• Traps to look out for
Catriona Smith, Partner, ROUSE & CO (London)
Historical venue
Downing College has a unique setting amidst 17 acres of lawns and trees and
yet it is within easy walking distance of the historic centre of Cambridge. The
buildings that will be your home for the duration of your time attending the
Summer School date back to the beginning of the 19th Century and are
predominantly neo-classical in style conveying a sense of elegance and
spaciousness. Cambridge is easily accessible from Stansted airport and from
London.

The 10th annual residential
Intellectual Property Law Summer School 2010
16th – 20th August 2010, Downing College, Cambridge, UK
Dear Colleague,
Join IBC Legal’s 10th annual residential Intellectual Property Law Summer
School 2010 to gain an in-depth refresher or introduction to the world of
IP. You will meet with leading international IP practitioners who will be sharing
their vast experience and expertise with you over the course of this relaxed 5-day
summer school.
Delegates who have benefited from this course in previous years include
experienced General Counsel looking for fresh information on the areas of IP
they don’t have the time to keep up to date on, newly qualified lawyers looking
to get fully up to speed before embarking on the next stage of their careers
and non-lawyers looking for a thorough introduction to all areas of IP law to
assist with the running of their businesses.
The unique all-inclusive nature of this course means that you will not only leave
with all the legal and practical updates you need on this area of law, but
with new contacts within the field of IP concreted through 5 days of learning and
networking.
The speakers and I look forward to welcoming you to the beautiful surroundings
of Downing College in August.
Best regards
Catherine Watson
IBC Legal
KEY REASONS TO ATTEND
THE IP LAW SUMMER
SCHOOL 2010:
• Separately bookable "Basics Day"
for beginners in IP
• Opportunity to study with a distinguished, international faculty
• Time allowed throughout the conference for questions and
answers with the expert faculty
• Panel sessions, parallel sessions, case studies, workshops and a
mock trade mark arbitration
• Social interaction and networking each evening, including a quiz
night, punting, gala dinner, champagne and strawberries reception
and a barbeque (weather permitting)
• Full board accommodation (including meals) for the duration of
the conference
• A unique opportunity to gain a full insight into intellectual
property law in a relaxed and informal atmosphere
PLUS: Cambridge is within easy reach of Stansted airport, and all
London airports
HOW TO GET YOUR CPD POINTS
SRA: Earn 1 point per hour of attendance up to 16 CPD hours
Bar Council: Earn 1 point per hour of attendance up to 30 CPD hours
ITMA: Earn 3 points for attending Day 1, and 6 each for days 3,4 and 5,
up to a maximum of 21 CPD points
CONFERENCE DOCUMENTATION IS AVAILABLE:
If you are unable to attend, why not pass the brochure on to a colleague?
Don't forget you need not miss out; the conference notes are available
after the event for only £495.To order copies or for further information
contact:Tel: +44 (0) 20 7017 5503 Email:
professionalcustserv@informa.com
IN PREVIOUS YEARS INDIVIDUALS FROM
AROUND THE WORLD HAVE BENEFITED FROM
SUMMER SCHOOL EVENT, REPRESENTING
ORGANISATIONS INCLUDING:
A&L Goodbody
ADDLESHAW GODDARD
Allen & Overy LLP
ARM Ltd
Barlow Lyde & Gilbert LLP
Bauer Consumer Media
BBC
Bekaert NV
Clyde & Co
Cleary Gottlieb Steen & Hamilton
LLP
Corrs Chambers Westgarth
DLA Piper
Elan Corporation Plc
Farrer & Co
Eversheds
Emap
Freshfields Bruckhaus Deringer
Hermes Intl
Intellectual Ventures
Jones Day
Jumeirah Group
KPN Telecom
London Organising Comitee of the
Olympic Games & Paralympic
WHO SHOULD ATTEND?
• IP Lawyers
• IP Specialists
• IP Consultants
• Heads of Licensing
• Technical Assistants
• In-House Counsel
• Legal Advisors
• Lecturers
• IP Managers
• Legal Officers
• Patent Managers
• Business
Consultants
• Trainee Solicitors
• Solicitors
• Barristers
Games
Nestle
McGrigors LLP
Nike
Nokia
Novartis
PA Consulting
Philips Intellectual Property &
Standards
Portakabin
PricewaterhouseCoopers Legal LLP
Roche Diagnostics
Romtelecom SA
Royal Mail
SABMiller Plc
Saudi Aramco
Turkish Airlines Technic Inc
UK Film Council
UK Intellectual Property Office
Veolia Water
Wardell Chambers
Weil Gotshal & Manges
WHICH Ltd
Woodfines LLP
• Patent & Trade
Mark Attorneys
• Rights Managers
• Trade Mark
Managers
• Patent Engineers
• Commercial
Managers
POSTGRADUATE LEGAL DISTANCE LEARNING
COURSES
Gain a recognised university qualification at work, at home or on the
move. These legal courses are offered in association with Informa
Professional Academy. Courses for 2010 include: EU Competition Law,
Copyright Law, European Union Law, Economics for Competition Law
(King’s College London) and Business Law, Medical Law, Sports Law,
Environmental Law, Food Law, Employment Law (De Montfort
University). All courses start in Autumn 2010, for further information
call +44 (0)20 7017 5906, email: andrew.pini@informa.com or visit:
www.informadl.com
Booking hotline: +44 (0)20 7017 5503 Email: professionalcustserv@informa.com

Intellectual Property Law Summer School 2010
16th – 20th August 2010
Downing, College, Cambridge, UK
VIP CODE:
Please quote the above VIP code when registering
Please quote the below VIP code when registering
WHEN AND WHERE
KW8092
Monday 16th August - Friday 20th
August 2010
Venue:
Downing College
Regent Street
Cambridge, CB2 1DQ.
Tel: + 44 (0) 1223 334860
Fax: +44 (0) 1223 467934
Web: www.dow.cam.ac.uk
The price per delegate includes full-board accommodation (included are 4 nights
accommodation from Monday night to Thursday night and all meals - except drinks at
college bar). For information on accommodation for extra nights please contact
jennie.o'sullivan@informa.com
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