TIP GROUP CONFERENCE. March 1st to March 4th, 2010

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1 2010 TIP GROUP CONFERENCE March 1st to March 4th,

2 Special Thanks The TIPG conference organizing committee would like to express our appreciation to Bereskin & Parr, Smart & Biggar, and the Students Law Society for their generous financial support.

3 11th Annual TIP Group Conference Emerging Trends 11th Annual TIP Group Conference 12:00-2:00pm, FLB March 1st to 4th is IP week! Join us each lunch hour as invited experts address emerging issues in the area of technology and intellectual property law. Welcome Welcome The Technology and Intellectual Property Group at the University of Toronto Faculty of Law warmly welcomes you to our 11th Annual Conference. This Welcome to year we present four panel our discussions featuring conference distinguished speakers who will address emerging issues in technology and IP. The week kicks off with a first panel that will take us through privacy complaints against Facebook. We continue on Tuesday with a panel that explores the patentability of business processes. To conclude, the last two panels will deal with new technologies and trends that are modifying our current understanding of IP law: open source programming and technology protection measures. 3

4 Panel Abstracts Privacy & Facebook Monday, March 1st It is hard to believe that the most popular social networking site, Facebook, did Panel not exist Abstracts a mere 4 years ago. Today, it boasts over 400 million users, with over 12 million residing in Canada. However, in a July 2009 report, the Privacy Commissioner of Canada found that Facebook was in breach of our privacy laws and made recommendations to correct the problem. This panel will explore the privacy concerns surrounding Facebook and whether the recent changes have addressed those concerns, including the effect of the Commissioner s report. Patenting Business Processes Tuesday, March 2nd A patent is a set of exclusive rights in respect of an invention, granted by the state to the inventor. Business method patents are a class of patents that disclose and claim a particular method of doing business, but there is considerable controversy over the appropriateness of such patents. How will future legislation deal with business methods patents, as they are often seen as radical departures from the traditional regime? QUICK PAGE REFERENCE Open March Source 1st Programming March 2nd Wednesday, March 3rd Monday Tuesday Open source refers to the practice of Privacy and Patenting Business Facebook Models QUICK at page PAGE REFERENCE at page University of Toronto Faculty of Law sharing information in the development of a University product. Applied to software, of Toronto it Faculty refers of to the sharing of source codes Law that is normally protected by copyright, while the resulting software is then released with an open license. Open source has become increasingly important due to technologies such as the internet that allow for easy distribution of information. Copyright & Digital Rights Thursday, March 4th The balance between the protection of authors works and the dissemination of information by users is made ever more precarious by the emergence of technologies such as the internet and digital media. Do technology protection measures tip the scale too far in favour of copyright holders? Or March 3rd Wednesday Open Source Programming at page March 4th Thursday Copyright and Digital Rights at page are they an appropriate reflection of the balance? March 1st Monday Privacy and Facebook at page March 2nd Tuesday Patenting Business Models Processes at page March 3rd Wednesday Open Source Programming at page March 4th Thursday Copyright and Digital Rights at page

5 Privacy & Facebook Prof. Lisa Austin, University of Toronto (Moderator) Lisa Austin is an associate professor at the Faculty of Law, where she is affiliated with the Centre for Innovation Law and Policy. She holds a bachelor s degree from McMaster, and a law and doctoral degree in philosophy from the University of Toronto. Prior to joining the faculty, she served as law clerk to Mr. Justice Frank Iacobucci of the Supreme Court of Canada. Professor Austin was called to the Bar of Ontario in Professor Austin s research and teaching interests include property, privacy, the legal regulation of information and the ethical and social justice issues raised by emerging technologies. She is currently developing work on issues such as the challenges that information technology poses to our conception of privacy, and what theory of law is most responsive to the needs of a technological society. Harley Finkelstein recently received his law degree from the University of Ottawa, and completed his MBA at the school s management faculty in the summer of He is the co-founder of the school s Law/MBA Student Society, and the founder of the Canadian MBA Oath. Harley is also serial entrepreneur who has launched a number of successful startups, and he is the founder of one of Canada s leading apparel companies, Finkinc. Currently, Harley serves as a mentor to the Ottawa Centre for Research and Innovation (OCRI), sits on the financing committee for the Canadian Youth Business Foundation (CYBF), and is an advisor to both the Canadian Internet Policy and Public Interest Clinic (CIPPIC), and to the Ottawa Community Loan Fund (OCLF). As of September 2009, Harley will be working with one of Toronto s leading business law firms where he ll be focusing on corporate finance and commercial law. Jordan Plener completed a joint JD/LLB at the University of Ottawa and Michigan State University. After being called to the Ontario bar in 2009, Jordan is currently an Associate at BrazeauSeller.LLP in Ottawa where he focuses on corporate and commercial law, technology law, and privacy law. Prior to his legal career, Jordan started several small businesses, which provided him with invaluable experience in small business creation and development. During law school, Jordan was also heavily involved in the Canadian Internet Policy and Public Interest Clinic (CIPPIC), where he worked on high profile files relating to international copyright and privacy law. Jordan was recently featured in the national media for his role in the recent Office of the Privacy Commissioner of Canada decision requiring Facebook to bring......its 5 continues next page

6 practices in line with Canadian privacy standards. Jordan was one of the key individuals involved in drafting a privacy complaint against social networking giant, Facebook. Since graduating from law school, Jordan has remained a key figure in representing CIPPIC with the media, as well as in addressing Facebook s response to the Privacy Commissioner s findings. Catherine Lovrics, Bereskin & Parr Catherine Lovrics is an associate lawyer with Bereskin & Parr and a registered Canadian trade mark agent. Catherine earned an honours B.A. in international comparative studies from the University of Western Ontario and a law degree from the University of Ottawa. While earning her law degree, Catherine was the recipient of several awards including the Osgoode Society Prize for Canadian Legal History for overall academic excellence throughout her legal studies. She also received awards in the areas of e-commerce and technology law, medical-legal issues, and business law. Catherine graduated from law school magna cum laude, and was the recipient of the Dean s Award for her graduating class. She has completed a course in International Trademark Law from John Marshall Law School. Patenting Business Processes Prof. Abraham Drassinower, University of Toronto (Moderator) Abraham Drassinower, B.A., M.A., Ph.D., LL.B. (Toronto) is Associate Professor at the Faculty of Law, Chair in the Legal, Ethical and Cultural Implications of Technological Innovation, and Director of the Centre for Innovation Law and Policy. He joined the Faculty of Law in 1999, held a Postdoctoral Fellowship in the Department of Political Science at the University of Toronto ( ) and lectured principally on political philosophy at York University ( ) and at the University of Toronto ( ). He served as a Law Clerk to Mr. Justice John C. Major of the Supreme Court of Canada ( ). Professor Drassinower s interests include property, intellectual property, legal and political philosophy, critical theory, and psychoanalysis. He has published in the areas of charitable trusts, unjust enrichment, intellectual property, and psychoanalysis and political theory. 6

7 Mark B. Eisen, Dimock Stratton LLP A registered patent agent and trademark agent, Mark has focused exclusively on the protection of inventions and trademarks since his call to the Ontario Bar in He has more than two decades of experience securing patent rights in a wide range of technologies, with particular emphasis on electrical, electronic, networking and business method technologies, and protecting trademark rights around the world. Mark is certified by the Law Society of Upper Canada as a Specialist in Intellectual Property (Patent) Law. He is a Fellow of the Intellectual Property Institute of Canada and is currently serving as Secretary on IPIC Council. He is also a member of the Canadian Bar Association, and is BV Preeminent rated by Martindale- Hubbell. Mark is actively involved in the intellectual property community and has made significant contributions to the Canadian intellectual property profession. He has authored articles and spoken at many IP law conferences and programs, most recently in the field of business methods. Mark served as a patent drafting tutor for IPIC s Patent Tutorials for more than a decade and led IPIC s program Advanced Patent Drafting for Information Technology Practitioners. He has served as Chair of IPIC s Tutorial Committee and IPIC s Joint Liaison Committee Patents, and is currently a member of IPIC s Joint Liaison Committee Patents and Joint Liaison Committee - Designs. Mark received his LL.B. from Osgoode Hall Law School in 1983 following undergraduate studies in maths and sciences at the University of Toronto. James Longwell, Gowling Lafleur Henderson LLP James Longwell is a lawyer, patent and trade mark agent in the Toronto and Waterloo Region offices of Gowling Lafleur Henderson LLP. Jim is the National Practice Group leader for Patents and a member of the firm s Technology Industry Group and China Initiative. Jim practices in all areas of intellectual property law, particularly as it applies to computer and information technologies. He advises start-up companies, small businesses, universities and large corporations on intellectual property strategy, including acquisition, protection, exploitation and enforcement issues. He is also involved in Canadian and foreign patent, trade mark and industrial design procurement, primarily preparing and prosecuting patent applications relating to computer software, hardware, telecommunications, medical devices, housewares and business methods. In addition to intellectual property law, Jim provides strategic analysis and advice to business owners and investors for commercial transactions including financing, joint ventures, technology procurement, development and commercialization. 7

8 Open Source Programming Maya Medeiros, Bereskin & Parr Maya Medeiros is an associate lawyer with Bereskin & Parr and a registered Canadian patent agent. Maya holds an honours B.Sc. in computer science and mathematics from the University of Toronto, and graduated with highest distinction. While an undergraduate student, Maya worked for a technology start-up company. She also holds a law degree from the University of Victoria, where she won an award for contract law. While completing her law degree, Maya attended the International Intellectual Property program at the University of Oxford, where she studied Canadian, European and American patent and copyright law. Prior to being called to the Bar, Maya was an articling student with Bereskin & Parr. Her practice focuses on high technology patents with an emphasis on computer software technology, as well as new media and copyright matters. Richard Owens, Stikeman Elliott Richard Owens is counsel in the Toronto office of Stikeman Elliott specializing in business and commercial law, intellectual property and technology. He has acted on behalf of many technology companies, financial institutions, and others in technology-intensive transactions, including outsourcing, licensing, mergers and acquisitions, strategic alliances and joint ventures, privacy, financing, electronic commerce, public-private partnerships and Internet issues. Richard has been repeatedly recognized as one of Canada s leading technology lawyers including the 2009 edition of The Best Lawyers in Canada in the area of technology law. 8

9 Copyright & Digital Rights Prof. Pascale Chapdelaine, University of Toronto (Moderator) Pascale Chapdelaine is an Adjunct Professor at the University of Toronto, Faculty of Law. Pascale is a lawyer who practiced law for more than 14 years in the area of intellectual property and corporate/ commercial law, mainly in the telecom industry. As Vice-President and Executive Director Intellectual Property of Bell Canada and BCE Inc., she was responsible for the overall management of Bell Canada and affiliates intellectual property. Pascale advised senior executives on intellectual property strategic matters, drafted and negotiated numerous IP development, licensing, ISIT Outsourcing and other commercial agreements. Prior to joining Bell Canada, Pascale was an associate with the Montréal-based law firm Lavery, de Billy in the area of corporate, commercial and securities law. Before that, she was a Teaching and Research Associate at the Faculty of Law of the K.U. Leuven, Belgium. Brian Isaac, Smart & Biggar Brian Isaac is a partner in our Toronto office. Mr. Isaac has significant experience in IP and commercial litigation. He has acted in trade-mark, patent, trade secret, copyright and commercial litigation before the Federal Court of Canada, the Ontario Superior Court of Justice, and the Federal and Ontario Courts of Appeal. Mr. Isaac has significant experience in trademark prosecution and enforcement, and in civil and criminal trade-mark counterfeiting and copyright piracy matters, and has written and made many presentations on intellectual property and litigation related matters. He has recently presented talks on product counterfeiting and copyright piracy, trade-mark litigation in Canada and copyright border and internet issues. James Gannon, McCarthy Tétrault James Gannon is an associate in McCarthy Tétrault s Technology Group in Toronto. His practice focuses on intellectual property, technology and Internet law issues and he represents a variety of clients in these fields, including media industry organizations and technology manufacturers. Mr. Gannon received his B.A.Sc. (Hons.) in System Design Engineering from the University of Waterloo in 2005, graduating with distinction. He received his LLB from Osgoode Hall Law School in Mr Gannon is a member of the Law Society of Upper Canada, the Canadian Bar Association, and the Toronto Computer Lawyers Group. He was called to the Ontario bar in

10 About TIP Group The Technology and Intellectual and Intellectual Property Property Group is a Group student is association a student at the association University of Toronto at the Faculty Faculty University of Law. of Law. of Our Our Toronto mandate mandate Faculty is to provide is to provide of Law. law law students students Our mandate with exposure with exposure is to to to provide theories and theories and law practices practices students in in technology with exposure and intellectual to theories property and law. In practices addition technology and intellectual property law. In addition to in organizing technology our and annual intellectual conference, we property host to many organizing guest speakers our annual at the conference, law school throughout we host law. In addition to organizing our annual many the year guest and speakers arrange at visits the law for school students throughout conference, we host many guest speakers to law the firms. year and arrange visits for students to law at the law school throughout the year and firms. arrange visits to law firms for students Conference Organizing Committee Conference Organizing Committee TIP Group Executives: Billy Barnes (2L) Fereshteh Ghadyani (2L) Jean Lee (Conference Chair, 2L) Rebecca Rodal (3L) Sie Tjew (3L) Conference Organizers Raul Iturralde Gonzalez (2L) Conference Conference Organizing Organizing Committee Committee Yihua Hu (LLM) Vanessa Komarnicki (1L) Andreas Rief (3L) David Shultz (2L) Nicole Ting (2L) Andrew Yolles (1L) Rachel Weiner (1L) 10

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