INTERNATIONAL INTELLECTUAL PROPERTY LAW

Transcription

1 A SUMMER PROGRAM FOR LAWYERS AND OTHER PROFESSIONALS AT: University of Victoria, British Columbia, Canada June August, 2006 St. Peter s College, Oxford University, UK July-August, 2007 St. Peter s College, University of Oxford and Oxford Intellectual Property Research Centre at St. Peter s

2 THE ACCREDITATION IS OFFERED BY THE UNIVERSITY OF VICTORIA, CANADA FACULTY OF LAW AND THE DIVISION OF CONTINUING STUDIES Sponsorship Partnership THE PROGRAM IS DESIGNED AND DELIVERED BY A PARTNERSHIP OF Faculty of Law, University of Victoria, Canada St. Peter's College, University of Oxford, and Oxford Intellectual Property Research Centre, at St. Peter s University of Illinois College of Law, USA THE PARTNER INSTITUTIONS GRATEFULLY ACKNOWLEDGE THE GENEROUS FINANCIAL SPONSORSHIP AND PARTICIPATORY SUPPORT OF THE FOLLOWING FIRMS: Smart & Biggar (Vancouver, Edmonton, Toronto, Ottawa, Montreal) Smart & Biggar is Canada s largest firm practising exclusively in IP and technology law. The firm has prepared, filed, and prosecuted more patent and trademark applications than any other firm in Canada, and has a national and international reputation for the quality of its work and the calibre of its professionals. For over a century, the world s most innovative corporations as well as law firms have looked to Smart & Biggar for a full range of services related to IP and technology law from trying complex patent litigation to managing trademark portfolios around the world. For more information, visit or contact: Michael D. Manson, Smart & Biggar, West Georgia Street, Box 11560, Vancouver Centre, Vancouver, BC Canada V6B 4N8; phone (604) ; or fax (604) Brinks Hofer Gilson & Lione (Chicago, Ann Arbor, Arlington, Indianapolis) Brinks Hofer Gilson & Lione is one of the largest intellectual property law firms in the U.S. and is at the cutting edge of intellectual property law. With more than 150 attorneys, supported by a full complement of scientific advisors, patent agents and paralegals, the firm specializes in IP litigation and all aspects of patent, trademark, copyright, trade secret, unfair competition, technology, licensing agreements and intellectual asset management. Brinks routinely handles assignments in fields as diverse as electrical, chemical, mechanical, biotechnology, pharmaceutical, nanotechnology and computer technology, as well as in trademarks or brand names for a wide variety of products and services. The firm is repeatedly ranked by Chambers & Partners as the #1 IP firm in Chicago and the Midwest and is ranked #4 among American Lawyer s law firms representing the IP needs of the most companies in the Global 100. For more information, visit or contact: Marc V. Richards, Brinks Hofer Gilson & Lione, NBC Tower, Suite 3600, 455 N. Cityfront Plaza Drive, Chicago, IL USA ; phone (312) or (866) ; or mrichards@usebrinks.com. Cover Photos UVic Photo Services Tourism Victoria

3 AN AND COMPARATIVE IP LAW PROGRAM FOR LAWYERS AND POLICY MAKERS This award winning program, focusing on international and comparative intellectual property (IP) law, is a unique collaborative initiative among three partnering institutions in Canada, the United Kingdom, and the United States. It integrates international academic coverage with symposia presented by leading IP law firms. Participants who complete the full, six-week program are granted the Professional Specialization Certificate in International Intellectual Property Law under the auspices of the Senate of the University of Victoria. This is an intensive program consisting of academic sessions, tutorials, and symposia. Each of Sessions I and II is three weeks in length and involves up to 60 hours of academic courses and up to 10 hours of tutorials. A two-day symposia will include presentations by practitioners from leading IP law firms, academics and judges. Participants may choose to complete the full program in Victoria in 2006, or to divide their studies between Victoria in 2006 and Oxford in Since the program s introduction in 2002, a diverse group of professionals from Asia, Africa, Europe, and North America have attended. In 2003, the program won an award of excellence for international programs from the Canadian Association for University Continuing Education. WHO WILL BENEFIT FROM THE PROGRAM? Legal practitioners specializing in IP law, those in general practice, law graduates, and government and private sector IP analysts who want to gain or enhance their knowledge of international and comparative IP law and related policies and practice will benefit from this program. 3

4 SESSION I SESSION I June 19-July 8, 2006 ACADEMIC COURSES In Session I, participants complete two of the following three courses and may choose to audit the third course. ACA-1: AND COMPARATIVE TRADEMARK AND UNFAIR COMPETITION LAW An examination of comparative systems of trademark (registered and unregistered) between North America, the European Union, and certain Commonwealth jurisdictions, within the framework of the relevant international treaties and conventions. This framework will itself receive detailed attention within a general background of public international law. Attention will be given, directly or by case studies, to selected topics of international significance, including: extra-territorial protection of marks, indicia, and business goodwill; protection of personality interests of celebrities and others in controlling commercial use of their persona; and parallel importation, dilution, trade dress or get up, and industrial designs or design patents. European Trademark Law and Trademark Theories US Trademark Issues Canadian Trademark Issues ACA-2: AND COMPARATIVE COPYRIGHT AND NEIGHBOURING RIGHTS The primary objectives are: a comparative coverage of the civil law concept of droit d'auteur ( author s right system ) with copyright in common law jurisdictions; a comparison of copyright in the United States with that in Commonwealth countries; and a study of all systems within the international framework provided by international treaties concerning copyright and other intellectual property rights (IPRs). Particular attention is given to the Berne Convention, the Universal Copyright Convention, the Rome Convention 1961, the World Trade Organization (WTO) Agreement on Trade-related Aspects of Intellectual Property (TRIPs), the World Intellectual Property Organization (WIPO) treaties of 1996, and subsequent WIPO draft treaties and initiatives. These international perspectives are presented within the framework of public international law. In addition, the course will provide case study sessions presenting international perspectives on selected topics, including: compilations and databases; computer programs and multimedia products; moral rights (droit moral); neighbouring rights; and the balance between copyright and user interests. European droit d'auteur US and Canadian Copyright Issues International IP Treaties ACA-5: ART AND CULTURAL PROPERTY LAW AND POLICY This course considers the concepts of art and cultural property (folklore and traditional knowledge) and the linkages between tangible and intangible items, interests and values within these fields. Tangible interests are considered in the context of national and international laws and treaties (such as those developed under UNESCO) affecting trade in art and cultural property. Laws concerning stolen and smuggled art and export prohibitions are examined, as well as the roles of museums, art dealers, and nongovernmental agencies. Cultural property interests of indigenous peoples and intangible interests of folklore and traditional knowledge are considered in relation to intellectual property, including copyright, trademarks, patents, and trade secrets. Issues of biodiversity and IP rights are examined in the context of the relevant international treaties and the July 2000 Draft Report of the World Intellectual Property Organization (WIPO) on Traditional Knowledge. Tutorial topics for this course to be based on participant interest and enrolment. 4

5 SESSION II SESSION II July 10-August 1, 2006 ACADEMIC COURSES ACA-3: PROPERTY ISSUES IN INTERNET AND INFORMATION TECHNOLOGIES The application of the principal categories of IP law to information technology, telecommunications, the Internet, and new media communications is presented from an international perspective with comparative attention to North America, the European Union, and elsewhere. Detailed attention is given to the international management and marketing of information technology and to business and economic theories concerning information technology and new media communications. Internet and Information Technology Issues in the USA Internet and Information Technology Issues in the EU Business Management of IP ACA-4: AND COMPARATIVE PATENT AND TRADE SECRET PROTECTION This course presents detailed coverage of international patent law and the patenting of inventions, with particular emphasis on the systems in North America and the European Union. A specialized focus is given to biotechnological and pharmaceutical products and processes in their historical and current situations. Trade secret protection within North America, the European Union, and elsewhere is included. A component is presented on international management and marketing, including corporate compliance, misuse theories, strategies, and the interface between competition law and IP law. Trade Secrets and Related Issues US Patent Law Issues IP and Competition Law 5

6 SYMPOSIA PROPERTY ALAW SYMPOSIA July 14 to July 15, 2006 A two-day symposia on current issues in international intellectual property law will be held in Vancouver, B.C. over Friday, July 14 and Saturday, July 15, It will include presentations by judges, practitioners from leading IP law firms and government, and academics. The keynote presentation will coincide with a formal lunch reception on July 14th. Lawyers and other professionals not attending the academic program may register for the full Symposia or to attend the lunch reception only by selecting the preferred option on the application form on the back page of this brochure. TOPICS MAY INCLUDE: Google s Grand Plan Is it Grand Infringement? Audio File Sharing Current Canadian Confusion and Reform IP Law in Mainstream Practice: Influence of Extra-territorial Trends Specialized IP Courts Reduced Litigation Costs and Lower Reversals on Appeal Procedures and Practice An Appellate Perspective IP and Competition (Anti-Trust) Law Recent Patent Development in the U.S., E.U. and Canada Trademark Developments in the U.S. and Canada 6

7 PROGRAM TEAM PROGRAM TEAM ACADEMIC FACULTY Tanya Aplin, Senior Research Associate, Oxford Intellectual Property Research Centre at St. Peter s College, and Lecturer, King s College, University of London Graham Dutfield, Herchel Smith Senior Research Fellow in Intellectual Property Law, Queen Mary Intellectual Property Institute, University of London, and Senior Research Associate, Oxford Intellectual Property Research Centre at St. Peter s College George Fisk, Q.C., Sessional Instructor, Faculty of Law, University of Victoria Ysolde Gendreau, Professor, Faculty of Law, Université de Montréal Robert Howell, Professor, Faculty of Law, University of Victoria Mark D. Janis, Professor, University of Iowa, College of Law Jay Kesan, Professor, University of Illinois, College of Law Ejan Mackaay, Professor, Faculty of Law, Université de Montréal Michael D. Manson, Adjunct Professor, Faculty of Law, University of Victoria, and Partner, Smart & Biggar Robert K. Paterson, Professor, Faculty of Law, University of British Columbia Robert Pitkethly, Senior Research Fellow, St. Peter s College, and Lecturer in Management Studies, Oxford University R. Anthony Reese, Thomas W. Gregory Professorship in Law, University of Texas, School of Law Stephen F. Ross, Professor, University of Illinois, College of Law Bruce Smith, Associate Professor, University of Illinois, College of Law David Vaver, Professor of Intellectual Property and Information Technology Law, University of Oxford, and Director, Oxford Intellectual Property Research Centre at St. Peter s College ACADEMIC DIRECTORS Robert Howell, Professor, Faculty of Law, University of Victoria Jay Kesan, Professor, University of Illinois, College of Law David Vaver, Professor of Intellectual Property and Information Technology Law, University of Oxford, and Director, Oxford Intellectual Property Research Centre at St. Peter s College PROGRAM DIRECTOR Heather McRae, Program Director, IIPL Program, Division of Continuing Studies, University of Victoria ADMISSIONS, MARKETING AND SPONSORSHIP Claire Abbott, Special Projects Coordinator, Faculty of Law, University of Victoria Anne Pappas, External Relations, Faculty of Law, University of Victoria 7

8 APPLICATION INFORMATION OPTIONS: A. Full Certificate Program $9900 (CDN) B. One Academic Session $7275 (CDN) C. Symposia (incl. reception) $850 (CDN) D. Lunch Reception only $85 (CDN) CANCELLATION POLICY If you are admitted to the program and cancel on or before May 15, 2006, you will receive a full refund, less your application fee. Refunds will not be issued for cancellations made after that date. If you are unable to attend, you are welcome to send a qualified colleague in your place. Please advise us in advance. JUST FOR LAW STUDENTS The academic courses in this program are offered to law students as part of a program in International Intellectual Property Law. For more information, visit or lawadmss@uvic.ca. HOW TO APPLY You may apply online at or submit the application form included below. If you are applying for Option A or B, application fees will be deducted from the total program fee. Additional information including admission requirements, a complete list of symposia topics (when available), what is covered by the program fees, accommodation options, program timetables, CLE and ABA accreditation and much more is available on our website or by contacting us at: Phone (250) Fax (250) iplaw@uvcs.uvic.ca Web: APPLICATION: SUMMER, 2006 Last name First Name Middle Initial Preferred First Name Title Office/Organization Address City Province/State Country Postal Code Preferred Phone Number for Messages Fax A. Full Certificate Program B. One Session (incl Symposia) $9900 (CDN) $7275 (CDN) Options A or B, please submit a $100 application fee. Additional fee deposit of $500 required upon acceptance into the program. C. Symposia (incl. reception) $850 (CDN) (early bird special of $750 until April 15, 2006) D. Lunch Reception only $85 (CDN) Options C or D, please submit full payment with your application. Seats are limited. Early registration recommended. Payment Method: Cheque (payable to University of Victoria) Visa MasterCard American Express Account No. Expiry Date Signature (mandatory if paying by credit card) Mail: Detach form and mail with fees to: Division of Continuing Studies, University of Victoria, PO Box 3030 STN CSC,Victoria, BC V8W 3N6 CANADA Registration phone: (250) ; Fax: (250) (credit card payments only) register@uvcs.uvic.ca Send ALL information requested on registration form, along with course title In person: Continuing Studies Building, 2nd floor, corner of Ring Rd. and Gabriola Rd., University of Victoria campus, 8:30 a.m. to 4:30 p.m., weekdays