IIPI - International Intellectual Property Institute


  Topics
 

Arts, Culture and Music
Congressional Education
Enforcement and Judicial Training
Health, Pharmaceuticals and Biotechnology
Information Technology
Regional Intellectual Property Integration
Technology Transfer and National Innovation

  Regions
 

Africa
Asia
Caribbean
Europe
Latin America
Middle East
Russia/NIS
United States

Establishment of the Caribbean Court of Justice:
The Effect on Intellectual Property
and International Trade
 

Agenda, Speaker Biographies and Materials

Sherbourne Conference Center, St. Michael, Barbados
April 18-20, 2004
 

With Support From
 

Day One: Sunday, April 18, 2004                                
18:00 Opening Reception - Hosted by the Government of Barbados

Opening Remarks
Hon. Sir David Simmons, Chief Justice, Supreme Court of Barbados, Chairman, Regional Judicial and Legal Services Commission

 
Day Two: Monday, April 19, 2004                                
08:30 Registration and Continental Breakfast
09:00 Opening Remarks

Hon. Sir Dennis Byron, Chief Justice, Supreme Court of the Organization of Eastern Caribbean States
Karen Turner, Mission Director, USAID/Jamaica-Caribbean
Remarks (PDF, 33 KB)
Hon. Bruce Lehman, President, International Intellectual Property Institute (IIPI)

 
10:00 Coffee and Tea Break

 
10:30 Business and Trade Developments: An Economic View of the CCJ's Effects on the Caribbean

Moderator:
Malcolm Spence, Technical Advisor/Intellectual Property, Caribbean Regional Negotiating Machinery

Panelists:
Karen Turner, Mission Director, USAID/Jamaica-Caribbean
Remarks (PDF, 37KB)
Hon. Bruce A. Lehman, President, IIPI

 
12:00 Luncheon

Speaker:
The Role, History and Impact of the U.S. Court of Appeals for the Federal Circuit: An Observation
Hon. Edward Damich, Chief Judge, U.S. Court of Federal Claims, Washington, DC
Fact Sheet: U.S. Court of Appeals for the Federal Circuit

 
13:45 Jurisdictional Boundaries of the CCJ and the Formation of the CSME

Moderator:
Duke Pollard, Director, CARICOM Legislative Drafting Facility

Panelists:
Hon. Edward Damich, Chief Judge, U.S. Court of Federal Claims, Washington, DC
J.S. Archibald, Q.C., J.S. Archibald & Co., One of Three Patron Members of the World Jurist Association, Tortola, BVI

 
15:15 Coffee/Tea Break

 
15:30 The Enforcement of Intellectual Property Rights and the CCJ

Moderator:
Dianne A. Daley, Partner, Foga, Daley and Co., Jamaica

Panelists:
Peter N. Fowler, Senior Counsel, U.S. Patent and Trademark Office
Hon. Roy Anderson, Justice, Supreme Court of Jamaica
Paper (PDF, 52KB)

 
Day Three: Tuesday, April 20, 2004                                
09:00 The Legal Impact of the CCJ on Fostering International Trade and Harnessing Regional Intellectual Property Rights

Moderator:
Christopher Gibson, Partner, Steptoe & Johnson LLP, London
Remarks (PDF, 74 KB)

Panelists:
Matthew Dunne, Attorney, Paul, Hastings, Janofsky & Walker LLP, Washington, DC
Dr. Trevor A. Carmichael, Q.C., Chancery Chambers, Attorneys-at-Law, Barbados
Maureen Crane-Scott, Registrar, Corporate Affairs and Intellectual Property Office, Barbados
Remarks (PDF, 43KB)
Alexander Koff, Attorney, Paul, Hastings, Janofsky & Walker, LLP
Paper


 
10:30 Coffee/Tea Break

 
11:00 The Administrative and Financial Stability of the CCJ

Moderator:
J.S. Archibald, Archibald & Co.

Panelists:
Duke Pollard, Director, CARICOM Legislative Drafting Facility
Douglas Leys, General Counsel, Caribbean Development Bank
Hon. Sir David Simmons, Chief Justice of the Supreme Court of Barbados, Chairman of the Regional Judicial and Legal Services Commission

 
12:30 Luncheon

Speaker:
Sheldon McDonald, Project Coordinator, Coordinating Unit of the CCJ, CARICOM

 
14:00 Admission to Practice, Attorney/Judicial Discipline, and Continuing Education in Connection with the CCJ

Moderator:
Nicole Foga, Partner, Foga, Daley and Co., Jamaica

Panelists:
Patrick Patterson, Esq., President, Organization of Commonwealth Caribbean Bar Associations
Mitradevi Ali, Permanent Secretary, Ministry of Legal Affairs, Guyana
Remarks (PDF, 85KB)
Othniel Sylvester, CMG, Q.C., President, OECS Bar Association, Member, Regional Judicial and Legal Services Commission

 
15:30 Coffee/Tea Break

 
16:00 Looking Ahead: The Future of the Caribbean Region and the CCJ

Moderator:
Hon. Sir David Simmons, Chief Justice of the Supreme Court of Barbados, Chairman, Regional Judicial and Legal Services Commission

Panelists:
Sheldon McDonald, Project Coordinator, Coordinating Unit of the CCJ, CARICOM
Malcolm Spence, Technical Advisor, Intellectual Property, Caribbean Regional Negotiating Machinery
Karen Turner, Mission Director, USAID/Jamaica-Caribbean
Remarks (PDF, KB)

 
17:00 Closing Session

Speakers:
Hon. Bruce A. Lehman, President, IIPI
Peter N. Fowler, Senior Counsel, U.S. Patent and Trademark Office

 

Supplemental Material

Agreement Establishing the Caribbean Court of Justice
Intellectual Property Law index for the CARICOM countries
Intellectual Property Treaty Membership Chart and Treaty Guide
 

Related Links

Reshaping Caribbean Jurisprudence: Prospects and Possibilities of the Caribbean Court of Justice
By: Hon. Dr. Kenny D. Anthony, Prime Minister of Saint Lucia, Grenada, May 2003
An Address to the Grenada Bar Association

Draft Rules of Court of the Caribbean Court of Justice (Appellate Jurisdiction)
Caribbean Community

The Original Jurisdiction of the Caribbean Court of Justice and It's Role in the Successful Implementation of the CSME
By: David A. Cox, Crown Counsel I, Attorney General's Chambers, Saint Lucia

Caribbean Single Market in a Global Economy: Some Challenges for Law and Economics in the New Millennium
By: Hon. Anthony Hylton, Minister of State, Ministry of Foreign Affairs and Foreign Trade, Wednesday, November 17, 1999, for the Institute of Law and Economics (ILE)

The Administrative and Financial Stability of the Caribbean Court of Justice (CCJ)
By: Douglas Leys, General Counsel, Caribbean Development Bank

The Caribbean Court of Justice: The History and Analysis of the Debate
By: Hugh Rawlins, Lecturer, Faculty of Law, University of the West Indies, Commissioned by the Preparatory Committee on the Caribbean Court of Justice

The Original Jurisdiction of the Caribbean Court of Justice
By: Duke E.E. Pollard, Director, CariCom Legislative Directorate, CariCom Secretariat, Georgetown, Guyana

The Caribbean Court of Justice: An Historic Necessity
By: Sir David Simmons K.A., B.C.H., Chief Justice, Supreme Court of Barbados, Presented at the 13th Commonwealth Law Conference, Melbourne Australia, Aprial 13-17, 200

The Caribbean Court of Justice: An Overview of the Challenges & Prospects
By: Attorney General, Hon. Godfrey Smith, Government of Belize, August 28, 2001


 


Speaker Biographies



Honorable Roy Anderson
Chief Justice, Supreme Court of Judicature of Jamaica

Roy K. Anderson is the Chief Justice of the Supreme Court of Judicature of Jamaica since March 2001.

He is admitted to at the Bar in New York, Grenada, W.I.; Jamaica W.I. and United Kingdom, and admitted to the Federal Courts' Southern and Eastern Districts of New York.

Prior to the Court, he worked as a Consultant Attorney at Myers, Fletcher & Gordon, where he practiced Commercial, Financial Law and Regulation, IP, Environmental Law and ; Taxation Law. He worked as an international business development consultant to USAID in the OECS, and was the North American Director for JAMPRO (formerly JNIP) in New York from 1986 - 1989. Justice Anderson was also Director of Legal Services to the Jamaica National Investment Company and Special Counsel to Jamaica Bauxite Mining in Kingston, Jamaica.

From 1982-1986, Justice Anderson was the Commercial Attaché at the Embassy of Jamaica in Washington, DC and JNIP Representative for the Mid-Atlantic States. A small selection of his publications includes: "Some thoughts on a Caribbean Court of Appeal"(Jamaica Herald Newspaper, February 22, 1998); "Bauxite Mining and Environmental Regulation" (Daily Gleaner, July 8, 1997); "Changes in the Law of Evidence"(Money Index (Issues 452 and 453) of 1995); "NAFTA and related issues" (A paper presented to Meeting of International Bar Association - Mexico City March 13-15, 1996); and "The Role of Industrial Development Corporations in Investment Promotion" (in a special edition of "The New Bargainer", March 1990).

He received a Bachelor of Laws and a Master of Laws in Taxation from London University. Justice Anderson received his LL.M in International and Comparative Law from Georgetown University. His hobbies including watching sports - especially cricket, attending the theatre, and singing (he was a former member Jamaican Folk Singers).


J. S. Archibald QC
J.S. Archibald & Co., One of Three Patron Members of the World Jurist Association, Tortola, BVI

Joseph Samuel Archibald QC was born in St. Kitts-Nevis in the West Indies. He was educated at the Basseterre Boys' Primary School and on scholarship at the St. Kitts- Nevis Grammar School in St. Kitts. He was admitted as a Barrister-at-Law of Lincoln's Inn, London on July 12, 1960. He holds the Inns of Court Special Certificate in Public International Law, London, 1960. He was also a Magistrate, the High Court Registrar, Senior Crown Counsel, President of the Civil Service Association, and Director of Prosecutions. He served as Attorney General in St. Kitts Nevis - Anguilla from 1960-1964 and 1966-1968. He was Crown Attorney (Principal Law Officer of the Government - now styled Attorney General), a Member of Executive and Legislative Councils, and an Administrator's Deputy on two occasions administering the Government of the British Virgin Islands in the absence of the UK appointed Administrator Mr. Martin Staveley. He was the Leader of the BVI overseas delegation on the Economic Integration in the Caribbean, Chairman of Legislative Council Committees for Constitutional Reform in the British Virgin Islands from 1964-1965. Mr. Archibald was a private law practitioner and trial lawyer from 1968-2004 in the Eastern Caribbean from Chambers in the British Virgin Islands with practice at all Court levels in the Caribbean up to the Judicial Committee of the Privy Council in England. He was a Member of the Constitutional and International Arbitration Committees of the Washington-based World Association of Lawyers (now known as the World Jurist Association) 1977-2004. Mr. Archibald's name was inscribed on the Rule of Law Monument among 18 names of outstanding Members of the World Jurist Association and donors of the Monument which stands in St. Margarethen, Austria. He was a Patron Member of the World Jurist Association in December 2003.

In 1978, Mr. Archibald was the Acting Judge of the Supreme Court of the West Indies assigned to Dominica. He was appointed ad Queen's Counsel in 1980. He was President of the BVI Bar Association from 1986-1994. He was Member of the Commonwealth Lawyers' Association from 1987-2004. Mr. Archibald was appointed by the Heads of Governments of the Organisation of Eastern Caribbean States as Chairman of a new Committee of Attorneys-General of the Organisation of Eastern Caribbean States for the creation of a single Judicial and Legal Service from 1988-1996. Also, he was a Member of a three-man panel of international lawyers appointed to evaluate the Justice System in the Organisation of Eastern Caribbean States and Barbados under the US Aid/UWI Justice Improvement Project 1989.

In March 1991, Mr. Archibald was elected Founding President of the Organisation of Eastern Caribbean States Bar Association ("the OECS Bar"). He was re-elected President of the OECS Bar from March 1993 to July 1996, and was appointed Chairman of its Ethics and Discipline Committee. He was elected as the first Chairman of the newly created Disciplinary Committee of the St. Kitts - Nevis Bar Association from 1993-2002. He was appointed Chairman of the BVI Bar Committee to explore the possibility of establishing a BVI Commercial Court with High Court Jurisdiction from 1996-2004. He delivered the Inaugural Sir Archibald Nedd Memorial Lecture in Grenada, West Indies on "Essentials for a West Indies Supreme Court" to replace the Judicial Committee of the Privy Council as the Final Appellate Court for Commonwealth Caribbean States and Territories in July 1996. This lecture was published verbatim as feature article pages 4 and 5 of the November/December 1996 issue of "The World Jurist."

Mr. Archibald was Acting Judge of the Eastern Caribbean Supreme Court assigned to St. Lucia in 1998. He served as a Justice of the Court of Appeal of the Eastern Caribbean Supreme Court from May 2001 to October 2001. He was appointed by the Chief Justice of the Eastern Caribbean Supreme Court to be Chairman of the Civil Justice Task Force relating to the working and implementation of the new Civil Procedure Rules 2000 of the Supreme Court. He delivered an invited Address on February 25, 2002, entitled "The Changing Role of the Judge in the Modern Society" to all the assembled Judges of the Court of Appeal and the High Court of the Eastern Caribbean Supreme Court and also the Chancellor of the Supreme Court of Guyana on the Occasion of the Orientation Programme for 7new judges in St. Lucia. He served as a Justice of the Court of Appeal of the Eastern Caribbean Supreme Court during sittings in Grenada in July 2002.

He is married to the former Miss Inez Hodge of the British Virgin Islands who became the Speaker of the Legislative Council of the British Virgin Islands in July 2003. There are three adult daughters of the marriage.


Honorable Sir Charles Michael Dennis Byron
Chief Justice & President of the Court of Appeal

Professional Qualification 1962-1966: Cambridge University Graduated with MA: L.L.B [Cantab] 1965: Called to the Bar at the Hon. Society of Inner Temple as Barrister-at-Law of the High Court of Justice of England and Wales.

Career 1966-1982: Private practice as Barrister-at Law throughout Leeward Islands with Chambers in St. Kitts, Nevis and Anguilla 1982-1990: High Court Judge of the Eastern Caribbean Supreme Court 1986: Acting Chief Justice of the Supreme Court of Grenada. Maurice Bishop murder Trial. 1990: Court of Appeal Judge of the Eastern Caribbean Supreme Court 1996: Acting Chief Justice of the Eastern Caribbean Supreme Court 1999: Chief Justice of the Eastern Caribbean Supreme Court

2000 - Conferment of the award of Knight Bachelor by Her Majesty Queen Elizabeth II.


Dr. Trevor A. Carmichael Q.C.
Chancery Chambers, Attorneys-at-Law, Barbados

Dr. Trevor Carmichael was born in Barbados and educated at Harrison College and the University of the West Indies, Mona, Jamaica. After pursuing post graduate studies in the United States, he was called to the United Kingdom Bar as a member of the Middle Temple in London and the Barbados Bar in December of 1977. He is a member of the International Bar Association, the Inter-American Bar Association and a Committee Member of the Inter-American Bar Foundation as well as an associate member of the Canadian Bar Association. He holds membership in the International Tax Planning Association, the International Fiscal Association and was one of the parties responsible for establishing a Barbados Chapter of the International Fiscal Association of which he is Charter President. He is the Barbados Country Chairman of the International Litigation Committee on Business Law of the International Bar Association and a Deputy Secretary General of the International Bar Association. He is a Life Fellow of the Institute for Advanced Legal Studies in the United Kingdom and a Life Member of the Commonwealth Magistrates and Judges Association.

Dr. Carmichael has spoken to a wide range of audiences on international, commercial and tax matters and has also been twice the keynote speaker at the Canadian Condominium Institute's Annual Meetings in Toronto, Canada. He has authored over one hundred (100) articles and monographs in the areas of Law, Economics and Public Policy, and he serves as a Panel Member of the International Centre for Settlement of Investment Disputes of the World Bank in Washington. He is also a Certified International Arbitrator with the International Centres for Arbitration, and a Vice President of the International Institute of Association and Foundation Lawyers, as well as a Member of the International Council of Environmental Law. Dr. Carmichael's civic involvement encompasses his past role as President of the Barbados National Trust for five years and his current Presidency of the Barbados Museum and Historical Society since 1989. He is a past President of the Rotary Club of Barbados of which he has been a member since 1978 and was awarded the Paul Harris Fellowship of Rotary International. He is a founding member and trustee of the Heart Foundation of Barbados; a founding member and Honorary Legal Adviser to the Barbados Branch of the Royal Commonwealth Society; an original Trustee and Chairman of the Duke of Edinburgh Trust in Barbados, and the charter Chairman of the Governor General's Awards on Environmental Achievements. He is also the Chairman of the Barbados Youth Business Trust and the Chairman of the United World Colleges Selection Committee for Barbados. Dr. Carmichael acts as a Visiting Professor of Caribbean Foreign Investment Law to the Florida State University Summer Programme at the University of the West Indies and is a Trustee of Europhil in the United Kingdom.

He is one of two persons conferred with honorary life membership by the University of the West Indies Medical Alumni Association. In November of 1992, he was a recipient in the National Honours List of the Silver Crown of Merit for his contribution to law, financial services and the preservation of the national heritage. Dr. Carmichael was appointed as one of eight Organisation of American States experts responsible for drafting a new OAS Convention on International Contracts and is a Member of the Committee on Joint Ventures Model Contracts of the International Trade Centre of the United Nations Conference on Trade and Development. He has also been a member of the International External Grant Review Panel of the North South Centre of the University of Miami. He was also appointed by the Government of The Seychelles under the auspices of the United Nations to act as its Consultant and Adviser on the reform of various aspects of its planning and environmental law legislation. He is the co-author of the book Land Use Under The Law - A Commentary and Compilation of Select Legislation in Small Island Developing States. He is also the editor of "Barbados: Thirty Years of Independence" published in 1996 and the author of the book "Passport to the Heart: Reflections on Canada Caribbean Relations" and the co-author of "Commonwealth Caribbean Trusts Law".

He is the Principal of Chancery Chambers, a Barbados law firm engaged primarily in international business law, environmental law and the law relating to charities.


Maureen Crane-Scott, LLB (Hons) LLM
Registrar, Corporate Affairs and Intellectual Property Office, Barbados

Maureen Crane-Scott qualified as an attorney-at-law in 1979. She graduated from the Hugh Wooding Law School, Trinidad and Tobago in 1979 with the Certificate of Legal Education, having previously obtained the LL.B (Hons) degree in law from the University of the West Indies (Cave Hill Campus) in 1977. In 1993 she was awarded the LL.M degree in legislative drafting from the University of the West Indies.

An Attorney-at-law of some 22 years, Mrs. Crane-Scott has broad legal experience in the Caribbean Region having worked in both the public and private sectors in Guyana, Jamaica and Barbados. In 1993, she was seconded to the University of the West Indies and worked as Project Coordinator of the UWI/UNDCP Legal Training Programme with responsibility for the conduct of workshop training programmes for regional magistrates, police prosecutors and Crown/State Counsel in eighteen (18) English speaking Commonwealth Caribbean states.

She has served in the Barbados Public Service in various capacities - the two most recent being, as acting Deputy Solicitor General between 1996 and 1997, and as Registrar of the Corporate Affairs and Intellectual Property Office from July 1997 to present.

Mrs. Crane-Scott has written extensively and delivered lectures on a variety of legal topics.


Dianne Daley LL.B.(Hons) LL.M. (McGil)
Partner, Foga, Daley and Company, Jamaica (intellectual property)

Dianne Daley is one of the founding partners of Foga Daley & Co. and the head of the firm's Intellectual Property (IP) Department. Her principal practice areas are transactional IP rights and rights acquisition in the areas of trademarks, designs, copyright and patents, IP policy development and IP audits serving a broad-based clientele including corporations, governmental entities and international organizations. Dianne is also an Adjunct Lecturer on Intellectual Property Law for the Master of Laws Course on Intellectual Property Law at the University of the West Indies, Cave Hill Campus, Barbados and St. Augustine Campus, Trinidad & Tobago. She qualified as an Attorney-at-Law in 1990 in Jamaica and holds a Master of Laws Degree in Comparative Law, with specialization in Intellectual Property and International Copyright from McGill University in Quebec, Canada.

Dianne served as consultant to the Jamaican Government in the position of Special Advisor on Intellectual Property to the Minister of Industry, Commerce & Technology (now Commerce, Science & Technology) under which the portfolio for IP falls. She coordinated the formation of the Jamaica Intellectual Property Office, formally established in January 2001. Prior to that she headed the Government's Copyright Unit for five years (1995-2000). In that capacity she held the Chairmanship of several local and regional committees and consultations.

Dianne served as Deputy Chairman of Jamaica's Copyright Tribunal for the past three years. She has represented the Government of Jamaica as an Intellectual Property expert at many regional, hemispheric and international meetings and negotiations in the context of the World Intellectual Property Organization, the Free Trade Area of the Americas, the Commonwealth Secretariat, UNESCO and the Caribbean Community (CARICOM). She was lead expert for Jamaica in the negotiations of the WIPO "Internet" Treaties in December 1996 and was a Vice President of the WIPO Diplomatic Conference on the Protection of Audiovisual Performances in December 2000.

She is frequently invited to speak on IPRs at international and regional conferences some of which are highlighted on this website. She has authored several papers on intellectual property rights in the Caribbean context. Some of her publications are noted on the PUBLICATIONS page of this website.

Dianne is a Director and an active Board Member of several intellectual property-related Institutions and a member of the Associations listed below.


Honorable Edward Damich
Chief Judge, U.S. Court of Federal Claims, Washington, D.C.

Judge Damich was appointed Judge of the United States Court of Federal Claims on October 22,1998, by President Bill Clinton for a term of 15 years. On May 13, 2002, Judge Damich was designated Chief Judge of the United States Court of Federal Claims by President George W. Bush. TheUnited States Court of Federal Claims, based in Washington, D.C., hears cases for monetary damages against the federal government, except cases for physical injury. Its docket includes cases involving government contracts, tax refunds, government employee and veterans benefits, land use, Indian lands, and patent and copyright. Judge Damich was born in Pittsburgh, Pennsylvania, and raised in Miami, Florida. He is the son of John Damich of Bentleyville, Pennsylvania, and Josephine M. (Lovrencic) Damich of Pittsburgh. Judge Damich is a resident of Washington, D.C. Judge Damich has an A.B. degree from St. Stephen's College, Dover, Massachusetts; a J.D. degree from Catholic University; and L.L.M. and J.S.D. degrees from Columbia University. From 1995-98 Judge Damich served as Chief Intellectual Property Counsel for the Senate Judiciary Committee. During his tenure on the Committee, Judge Damich assisted the Chairman, Senator Orrin Hatch, with the passage of the Digital Millennium Copyright Act (DMCA), the most significant change in copyright law since the Copyright Act of 1976. The DMCA updated U.S. law for the digital age and for the Internet. Judge Damich also worked on the Omnibus Patent Act, which would have reorganized the Patent and Trademark Office and which would have made important changes to patent law. He was a member of the U.S. delegation at the World Intellectual Property Organization (WIPO)diplomatic conference, which concluded the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty. In September 1992 Judge Damich was appointed by President George Bush to be a Commissioner of the Copyright Royalty Tribunal (CRT). In formal adjudicatory proceedings, the CRT set rates and distributed royalties under the statutory license provisions of the Copyright Act regarding cable television, non-commercial broadcasting, satellite television, sound recordings, and digital audiorecording technology. Judge Damich served as a Commissioner until November 1993.At present Judge Damich is an adjunct professor of law at the Georgetown University Law Center. Judge Damich has been a professor of law at George Mason University and at Delaware Law School of Widener University.

Judge Damich is the author of numerous articles, mostly on copyright law, but also on jurisprudence, land use planning, and criminal law. His copyright law articles have been cited in three federal district court opinions, most notably in Wojnarowicz v. American Family Assn. (745 F. Supp. 130 (S.D.N.Y. 1990)), in which the court adopted his interpretation of a New York statute. Judge Damich's articles are cited in all the major casebooks in copyright law and in the leading treatise, Nimmer on Copyright. Judge Damich has testified before congressional committees on five occasions on copyright issues and on U.S. foreign policy regarding the former Yugoslavia. Judge Damich is admitted to the Bars of the Supreme Court of the United States, the Federal Circuit, the District of Columbia and the Commonwealth of Pennsylvania. He is a member of the District of Columbia Bar Association, the Bar Association of the District of Columbia, the Pennsylvania Bar Association, the American Bar Association, and the Association litteraire et artistique internationale. Judge Damich was the first president of the National Federation of Croatian Americans.


Matthew Dunne
Associate, Paul, Hastings, Janofsky & Walker LLP, Washington, DC

Matthew Dunne is an associate in the Litigation Department of Paul, Hastings, Janofsky & Walker LLP Mr. Dunne is admitted to the New York State Bar. Mr. Dunne received a J.D. and a Certificate in WTO Studies from the Georgetown University Law Center in 2002. In addition, he received a M.S. in Foreign Service from the Georgetown University School of Foreign Service, where he participated in the Karl F. Landegger Program in International Business Diplomacy. Mr. Dunne graduated summa cum laude with a B.A. in History and French from Emory University in 1998. Mr. Dunne also received a M.A. in History from Emory University. Prior to entering private practice, Mr. Dunne completed judicial clerkships with the Honorable Edith Brown Clement of the U.S. Court of Appeals for the Fifth Circuit and the Honorable Eugene Sullivan of the United States Court of Appeals for the Armed Forces. Mr. Dunne also worked as a legal intern for the World Trade Organization's Appellate Body; the United States Trade Representative's Office of General Counsel in Geneva, Switzerland; the United States Senate's Commerce Committee; the United States Agency for International Development's Office of General Counsel; and the Feinberg Group. In addition, Mr. Dunne worked as an intern for the United States Trade Representative's Office of Intellectual Property, the United States Department of Defense, and former Congressman William Paxon. Mr. Dunne served as a research assistant to Professor John H. Jackson and Professor Susan Low Bloch of the Georgetown University Law Center, as well as Professor Polly Price of Emory University Law School. Mr. Dunne served as a Fellow with the Institute for International Economic Law. In addition, Mr. Dunne served as the Banner Issue Editor for Law and Policy in International Business and as the Law & Ethics Editor for the Georgetown Journal of International Affairs. Mr. Dunne has published "The Path Not Chosen: The French Army, Its Influences, and Its Potential for Change, 1927-1934" (Emory University, 1998) and "Redefining Power Orientation: A Reassessment of Jackson's Paradigm in Light of Asymmetries of Power, Negotiation, and Compliance in the GATT/WTO Dispute Settlement System" (Law and Policy in International Business, Fall 2002


Nicole Foga, B.A. (1st Class Hons), LL.B., LL. M.
Partner, Foga, Daley and Company, Jamaica (telecommunications, media & technology)

Nicole Foga is experienced in commercial transaction planning, regulatory compliance and negotiation in the technology, media and telecommunication industries. She has advised on domain name protection and disputes, software development and internet and e-commerce regulation.

Nicole Foga is the Managing Partner in the law firm Foga, Daley & Co. She provides legal advice primarily in the areas of Telecommunications, Information Technology, Intellectual Property Policy Development, Utilities Regulation and Commercial Law. She has advised on commercial investments in Jamaica, technology transfer, software escrow, web hosting agreements and other contractual matters involving electronic commerce.

Ms. Foga is Chairman of the WIPO Caribbean Regional Committee on Electronic Commerce and Intellectual Property and Chairman of the Technology, Broadcasting and Telecommunications Committee of the Jamaican Bar Association. Ms. Foga is a Deputy Chairman of the Jamaican Copyright Tribunal and a Board member of the Town and Country Planning Authority, Kinston and Montego Bay Free Zones and Factories Corporation of Jamaica. Ms. Foga is also a Director and Secretary of the Environmental Foundation of Jamaica.

Ms Foga has acted as Legal Advisor to the Minister of Industry, Commerce and Technology and prior to establishing Foga, Daley & Co., she was the, General Counsel for the Office of Utilities Regulation, Legal Advisor to the Broadcasting Commission in Jamaica and a Crown Counsel in the Attorney General's Chambers.

Ms. Foga qualified as an Attorney-at-Law in Jamaica in 1993 and holds a Master of Laws in Commercial Law from the Aberdeen University in Scotland, a Bachelor of Laws Degree as well as a Bachelor of Arts Degree with First Class Honours from the University of the West Indies. She has been a Tutor and Lecturer at the University of Technology and the Norman Manley Law School and a tutor at the Law faculty of the University of the West Indies.

Ms Foga has been an invited speaker at international and regional conferences and has authored and delivered many papers on telecommunications and intellectual property in the context of digital issues.


Peter Fowler
Senior Attorney-Advisor for Enforcement, Office of Enforcement, External Affairs United States Patent and Trademark Office (USPTO)

Peter Fowler joined the USPTO Office of Legislative and International Affairs in 1995 as an Attorney-Advisor working on international and domestic copyright policy matters. From 1998-2002, he served as Executive Assistant for Assistant Secretary of Commerce and Commissioner of Patents and Trademarks Bruce Lehman, and, in turn, as Chief of Staff for Under Secretary and Director Todd Dickinson, Acting Director Nicholas Godici, and Under Secretary and Director James E. Rogan. He also served from March to August 2002, as Acting Deputy Administrator for External Affairs.

Mr. Fowler has traveled extensively on behalf of the U.S. Government, particularly in Asia and the Middle East, providing technical assistance and training on intellectual property policy and enforcement issues. From 1995-1998, he chaired and facilitated the work of the Conference on Fair Use, authoring its three reports. In 1996, he organized the Intellectual Property Conference of the Americas, and served as a member and executive secretary of the U.S. Delegation to the WIPO Diplomatic Conference on Copyright and Neighboring Rights. In 1997, he received the U.S. Department of Commerce Gold Medal Award for Distinguished Achievement in the Federal Service for his work on the WIPO Copyright Treaty and WIPO Performances and Phonograms Treaty, and in 2002, he received the U.S. Department of Commerce Bronze Medal Award for Superior Federal Service. Prior to joining the USPTO, he was the managing partner of the law firm of Lilienthal, Jacobson & Fowler in San Francisco, California, where he practiced business, intellectual property, and entertainment law, representing a wide range of visual and performing artists, composers, authors, filmmakers, software developers, and musical groups

Admitted to practice in California and Nevada, Mr. Fowler over the years has been active in California Lawyers for the Arts, authored several law review articles, and served as a Judge Pro Tem of the Municipal Court of the City and County of San Francisco. He taught as an Adjunct Associate Professor of Law at Golden Gate University School of Law from 1988-1995, as well as at the University of California Hastings College of the Law, University of San Francisco, and Bolivarian Pontifical University in Medellín, Colombia. He received a J.D. from Golden Gate University School of Law, an M.A. in Secondary Education from the University of Alabama, an M.A. in Political Science from Ball State University, and a B.A. in Political Science from John Carroll University.


Christopher Gibson
Partner, Steptoe & Johnson, LLP, London

Mr. Christopher Gibson is a partner in the London office of Steptoe & Johnson and is a member of the International Dispute Resolution Group and the Technology/Telecoms Group.

International Dispute Resolution Mr. Gibson represents clients in commercial conflicts, focusing on international arbitration and litigation, particularly where intellectual property, technology or complex international law issues are involved. He has acted in disputes involving breach of software licenses or confidentiality in a multinational satellite joint venture, arbitrations involving insurance and investment in technology, and disputes involving domain names and intellectual property infringement. He is a member of several international arbitrator rosters, including domain name panels.

Intellectual Property Mr. Gibson advises clients on a wide variety of issues involving intellectual property and related commercial and regulatory matters. His practice focuses on evaluating intellectual property and negotiating/drafting related agreements, particularly where international issues are involved. He also advises on trade-related intellectual property issues, such as the TRIPS Agreement, anti-counterfeiting and enforcement of IP rights. Mr. Gibson represents a number of telecommunications companies concerning intellectual property and technology issues, and he has extensive experience on the intellectual property issues raised by electronic commerce.

Technology and E-commerce Mr. Gibson advises on a full range of technology and e-commerce commercial and regulatory issues, and represents a number of leading e-commerce companies. He also acts for an innovative industry group developing technologies and entertainment in the mobile phone sector, and he represents a variety of telecommunications companies.

Internet Domain Names Mr. Gibson has extensive experience in all aspects of domain name matters, including representing clients in disputes, advising on domain name system (DNS) legal and technology issues, providing strategy in relation to the Internet Corporation for Assigned Names and Numbers (ICANN), and covering the emerging issues arising from convergence of the DNS with the telecommunications sector.


Honorable Bruce A. Lehman
President & CEO, IIPI

Bruce Lehman is President and Chief Executive Officer of the International Intellectual Property Institute (IIPI), a non-partisan, not-for-profit organization, based in Washington, D.C. The Institute promotes the creation of modern intellectual property systems and the use of intellectual property rights as a mechanism for investment, technology transfer and the creation of wealth in all countries of the world.

From August 1993 through December 1998, Lehman served as Assistant Secretary of Commerce and U.S. Commissioner of Patents and Trademarks. As the Clinton Administration's primary representative for intellectual property rights protection, he was a key player on these issues, both domestically and internationally.

In 1994, the National Law Journal, the largest-selling weekly publication for lawyers, named Lehman its "Lawyer of the Year." In 1997, another publication, the National Journal, a Washington-based national magazine of public policy, named Lehman one of the 100 most influential men and women in Washington.

Serving as the leader of the U.S. delegation to WIPO's December 1996 Diplomatic Conference on Certain Copyright and Neighboring Rights Questions, he successfully concluded negotiations which resulted in the adoption of two treaties: the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty. These treaties, by updating international copyright law for the digital age, will greatly facilitate the growth of on-line digital commerce over the Internet. Likewise, Lehman's guidance on the development of the intellectual property provisions of the Uruguay Round Agreement, now known as TRIPS (Trade Related Aspects of Intellectual Property), has enabled American creators and inventors to more easily protect their creations from piracy throughout the world.

Prior to entering private practice, Lehman worked for nine years in the U.S. House of Representatives as counsel to the Committee on the Judiciary and chief counsel to the Subcommittee on Courts, Civil Liberties, and the Administration of Justice. Lehman was the Committee's principal legal adviser in the drafting of the 1976 Copyright Act, the 1980 Computer Software Amendments, and 1982 Amendments to the Patent Laws.

Early in his career, Lehman served as legal counsel to the Wisconsin State Legislature, as an attorney with the U.S. Department of Justice, and as an officer in the U.S. Army. He was born on September 19, 1945, and attended the University of Wisconsin -- earning a B.A. in 1967, and a J.D. in 1970. He is a member of the bar in the District of Co


Sheldon McDonald
Project Co-Ordinator, Caribbean Court of Justice Preparatory Committee, Caribbean Community Secretariat

Former Responsibilities Caribbean Community Lead Negotiator, Negotiating Group on Dispute Settlement, Free Trade of the Americas. Former Employment Special Advisor to the Hon.Attorney-General of Jamaica [1994-1999]. Special Advisor to the Hon. Minister of Foreign Affairs and Foreign Trade of Jamaica [1989-1992]. Senior Legal Executive [January 1988- 1989] PCD Yorke & Co. (Solicitors) 5-9 Beadon Road, Bachelor of Arts [Law}, with distinction, Carleton University, Ottawa, Canada, 1987 Courses. LLM, International Law, University of Nottingham, England, 1988. Dissertation completed for International Trade Law on the theme: The Immunity of States and Their Property Awards Lady Hinds Scholarship. PhD, Programme commenced at the University of Nottingham, 1992, Thesis subject was Legal Ordering Within the Caribbean Community: The Need for Binding Dispute Settlement Mechanisms.

Professional and International Experiences Founding Member of the modern Jamaican Political Youth Movement. Studies Association of the University of southern Carolina. Instructing Solicitor to Queen's Counsel in the Central Criminal Court of London [the Old Bailey,] as well as instructing solicitor in the High Court and County Courts. Member of Jamaican Delegations to: -The United Nations General Assembly [including the Sixth (Legal) Committee -The Preparatory Committee for the Establishment of the International Seabed Authority and the International Tribunal for the Law of the Sea [with responsibility for Special Commission II on The Enterprise and Special Commission III on the Mining Code. Formerly Group of 77 Co- Ordinator in Special Commission II] -The Meetings of States Parties to the Law of the Sea -The International Seabed Authority [and now a Deputy Permanent Representative, where I have made an outstanding contribution to the elaboration of the Mining Code, as well as working to ensure Group of 77 solidarity is sustained.] I also served on the National Co-Ordinating Committee Which was responsible for making arrangements for the First Session of the Authority, upon the Entry Into force of the United Nations Convention on the Law of the Sea, in November, 1994. -The Conference of the Non-Aligned Movement -International Year of the Youth Assembly -The International and Regional Conference on Peace, Disarmament and the New International Economic Order -A Large number of countries, including the United Kingdom, Cuba, Tanzania, the United States of America, Libya, Algeria, The lebanon, the former USSR, the former Czechoslovakia, Austria, Finland, Hungary, Belgium, Costa Rica, Switzerland, Indonesia, Haiti, Colombia, Honduras and the Member States of the Caribbean Community ? Member of Jamaican Delegation Negotiating a wide range of Bilateral Treaties, including: Maritime Delimitation Treaties with Colombia, Cuba, Honduras, Nicaragua and the United Kingdom in respect of The Cayman Islands Maritime Drug Interdiction Treaty with the United States of America Social Security Convention with the United Kingdom


Patrick Patterson
OCCBA President, Barrister at Law

A Barrister with over 21 years experience in public and private practice, specialising in Civil, Criminal and Commercial and Entertainment Law. An active member of local and regional Bar Associations (Barbados; Grenada; Dominica; Anguilla; St Kitts; Guyana, OECS, and OCCBA). Presently President of the Organisation of Commonwealth Caribbean Bar Associations (OCCBA).  Manages a large caseload as a Barrister and Solicitor in St Kitts, regularly appearing in the courts of St Kitts, Anguilla and other Caribbean territories. Has made numerous appearances before the High Court and Courts of Appeal of the Eastern Caribbean States and has also appeared in Crown Courts and the Court of Appeal in the United Kingdom and also before the Privy Council.

Professional Qualifications-Admissions: 1982 Called to the Bar of England and Wales as Utter Barrister. 1986 Admitted to practise at the Barbados Bar 1986 Admitted to practise at the Grenada Bar 1990 Admitted to practise at the Bar of the Commonwealth of Dominica 1992 Admitted to practise at the Anguilla Bar 1995 Admitted to practise at the Guyana Bar 1995 Admitted to practise at the Anguilla Bar 1995 Admitted to practise at the Bar of St Kitts and Nevis Educational Qualifications 1984 Master's Degree in Law - University College of London, London University - Company law; Revenue law; Employment law; Carriage of Goods by Sea. 1982 Degree of Utter Barrister Society of Grays Inn 1981 Post-Graduate Diploma in Law - City University, Northampton Square, London 1980 Bachelor of Arts (B.A.) in Social Science - Central London Polytechnic, London.


Duke Pollard
Director, CARICOM Legislative Drafting Facility

Mr. Duke E.E. Pollard is an expert in International Economic Law, International Institutional Law, the Law of Treaties, General International Law and Economic Integration Law.  Mr. Pollard is a graduate of Queen's College (Guyana), London University, New York University and McGill University, where he received an L.L.M. in international law. He is a member of the Jamaican Bar and the Guyana Bar.

Collaborated in conceptualizing, defining and promoting the concept of Exclusive Economic Zone (UNCLOS III) Elaborated Protocols and Treaty Revising the Treaty Establishing the Caribbean Community (1994-2000) Collaborated in Elaboration of Agreement Establishing the Caribbean Court of Justice and other constituent instruments Elaborated Draft Agreement Establishing the Association of Caribbean States Responsible for establishing terms of reference of U.N. Committee on Host Country Relations (Acting Chairman of Sixth Committee (UNGA) 26th Session)

Prior to becoming Director, he was in Officer-in-Charge of the Division since 1996. Prior to joining CARICOM, he was Senior Partner in Pollard, Lee Clarke and Campbell.

U.N. Commonwealth Secretariat, Caribbean Law Institute and Caribbean Community Secretariat Consultant on several international law projects (1984 - present) Mr. Pollard was Legal Adviser to the International Bauxite Association from 1974 to 1982 and worked extensively for the Ministry of Foreign Affairs in Guyana, serving as the Permanent Secretary and Legal Adviser He was also Minister/Counselor for the Guyana Permanent Mission to the United National (1970-1974), and was a Lecturer at Queen's Royal College, University of the West Indies (Trinidad, 1961-1965)


Sir David Anthony Carthcart Simmons K.A., B.C.H., Q.C., LL.M. (Lond.)
Chief Justice of the Supreme Court of Barbados

Sir David Anthony Carthcart Simmons assumed office as the 12th Chief Justice of Barbados on 1 January 2002.

Sir David entered the Faculty of Law at the London School of Economics and Political Science in 1960 and graduated with the LL.B. degree in 1963. After additional reading he was awarded the LL.M. degree in 1965. He is a Barrister-at-Law of Lincoln's Inn.

Sir David lectured in law in London until his return to Barbados in 1970. Between 1970 and 1974, he was a part-time lecturer in law at the Faculty of Law of the University of the West Indies.

Sir David has had an outstanding career as a lawyer in Barbados and was appointed Queen's Counsel in 1984. He served continuously for 25 years in the Parliament of Barbados from February 1970 to 27 August 2001, on which date he retired from active politics.

Twice he served as Attorney-General of Barbados; first, from 1985 to 1986, and, more recently, from September 1994 to August 2001. On many occasions during the latter period, Sir David acted as Prime Minister of Barbados.

As Attorney-General, Sir David chaired many initiatives and conferences, including the Caribbean Financial Action Task Force (1997/98); the Joint US/Caribbean Sub-Committee which developed a Plan of Action on Justice and Security issues; the Regional Committee for the establishment of a project for Maritime Cooperation Against the Traffic In Illicit Narcotic Drugs in the Caribbean (1999-2002); and the Preparatory Committee to establish the Caribbean Court of Justice (1999-2001). For his contribution to public service and politics, he was awarded both the Barbados Centennial Honour (B.C.H.) and the Knight of St. Andrew (K.A.) in 2001. Sir David Simmons is married to former High Court Judge, Madame Justice Marie MacCormack. They have two children, Gavin and Lynne-Marie.


Malcolm Spence
Caribbean Regional Negotiating Machinery

Mr. Malcolm Spence serves as Technical Advisor - Intellectual Property/SPS. Mr. Spence is the RNM's focal point for all Intellectual Property negotiations and also serves the College of Negotiators' as the CARICOM Alternate Lead Negotiator on Intellectual Property in the FTAA. Prior to joining the RNM he helped to establish the Intellectual Property system and Office in Trinidad and Tobago as a National Counterpart Consultant to WIPO, and worked there as the Chief Technical Examiner. Mr. Spence is a trained Patent Examiner and Agricultural Engineer with a B.Sc. from the Cranfield Institute of Technology in the United Kingdom and an M.Sc. in Manufacturing for Agricultural and Industrial Development from the same Institution.


Othniel Rudolph Sylvester, C.M.G., Q.C.
President, OECS Bar Association, Member of the Regional and Legal Services Commission

Mr. Othneil R. Sylvester, a native of St. Vincent and the Grenadines, is a practicing Barrister at Law.  After embarking on a career in the teaching profession that spanned the years 1948 to 1956, Mr. Sylvester switched careers when he enrolled with the City of London College, University of London, to read for a degree in law.

In 1958, Mr. Sylvester was awarded First Class Honours with a distinction in Public International Law. That year he graduated from the Inns of Court (Inner Temple) Law School with Second Class Honours.  He was called to the Bar of England in 1958 and to the St. Vincent and the Grenadines Bar the following year, 1959.

Mr. Sylvester was a former Speaker of the House of Assembly (1966-1968); a former Member of Parliament and Minister of Government from 1972 to 1974; and a former Director of the Eastern Caribbean Central Bank (1984-1986).  After distinguishing himself at the Bar for a period in excess of twenty-six (26) years, Mr. Sylvester was appointed one of Her Majesty's Counsel in 1985.  During the period 2001 to 2002, Mr. Sylvester acted as a High Court Judge of the Eastern Caribbean Supreme Court.


Karen D. Turner
Mission Director, USAID/Jamaica and the Caribbean Regional Program

Karen D. Turner is the Mission Director for the United States Agency for International Development (USAID) for Jamaica and the Caribbean Regional Program (CRP). She is located in Kingston, Jamaica with additional responsibilities for the CRP, which is based in Barbados.

Prior to her assignment to Jamaica, Ms. Turner was Deputy Assistant Administrator in USAID's Bureau for Asia and the Near East with principal responsibility for oversight of USAID's programs in 14 countries throughout East and South Asia involving assistance totaling over $500 million in FY2002. Ms. Turner has eighteen years of experience working with USAID and has served overseas in Egypt, India, Jerusalem and Indonesia.

Ms. Turner holds a law degree and a master's degree in business administration from Harvard University and a BA in political science and economics from Northwestern University. She is the recipient of five Performance Awards between 1997 and 2000 and a Meritorious Honor Award in 1993. Her foreign languages are Indonesian and French

 


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