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

International Conference on Judicial Capacity Regarding Intellectual Property Rights - Enforcement and Dispute Settlement

 

Agenda, Speaker Biographies and Materials


Washington, D.C.
September 12-14, 2002

Day One: Thursday, September 12, 2002             
The Moot Court Room, George Washington University Law School
2000 H Street, NW, Washington, DC 20052
 
08:00 Registration

 
08:30 Welcoming Comments

Michael Young, Dean, The George Washington University Law School
Robert L. Stoll, Director, Office of Enforcement, USPTO
Honorable Bruce A. Lehman, President, IIPI

 
09:00 What We Know About Specialized IP Courts in the World Today
Moderator: Maria Dakolias, Chief Counsel, The World Bank

Why Specialized IP courts?
Honorable Randall Rader, Judge, U.S. Court of Appeals for the Federal Circuit

Interim Report of IIPI Study
Professor Michael P. Ryan, Projects Director, IIPI

WIPO's position on Specialized IP Courts
Johannes Christian Wichard, Head - Legal Development Section, WIPO Arbitration and Mediation Center
Presentation (PDF, 83KB)

 
10:15 Coffee

10:30 Case Studies on Specialized IP Courts and their Effect on the Improvement of IP Litigation

Case Study A: International Developments in Developed Economies
Moderator: Professor Martin Adelman, The George Washington University Law School

Specialized IP Courts Case Studies - the United Kingdom
Robin Whaite, Partner, Linklaters & Alliance, London
Presentation (PDF, 60K)

European Experience of IP Litigation in a Federalized Environment, The European Patent Litigation Agreement (EPLA)
Stefan Luginbuehl, Swiss Federal Institute of Intellectual Property
Paper

The Hague Convention and Its Potential Impact on International IP Litigation
Jennifer Lucas, Attorney-Advisor, Office of International Relations, USPTO
Presentation (PDF, 746KB)

12:30 Lunch
Elliott Room, Marvin Center, George Washington University

Keynote Address - Specialized IP Courts and the Rule of Law
Professor Hugh Hansen, Fordham University School of Law

14:00

Case Study B: American Perspectives
Moderator: Honorable Gerald Mossinghoff, Senior Counsel, Oblon, Spivak, McClelland, Maier and Neustadt

Patents
Honorable Edward J. Damich, Chief Judge, United States Court of Federal Claims

Copyrights: The Case for a Specialized Copyright Court
Professor Michael Landau, Georgia State University College of Law
Paper  (PDF, 205KB)

14:45 Special Presentation

Evaluating Developing Country Judicial System Performance
Robert Sherwood

15:30

Coffee

15:45 Case Study C: IP Courts in Developing, Transition & Small Economies
Moderator: Mark A. Cohen, Attorney-Advisor, Office of Enforcement, USPTO

Recent Developments In China's Judicial Protection of Intellectual Property Rights
Honorable Zhipei Jiang, Chief Justice, No.3 Civil Court, Supreme People's Court of the People's Republic of China

Enforcement of Intellectual Property Rights under TRIPS: A Case Study of Thailand
Honorable Vichai Ariyanuntaka, Judge, Central Intellectual Property & International Trade Court, Thailand
Paper (PDF, 188KB)

Training of Judges in the Philippines
Honorable Reynaldo B. Daway, Presiding Judge, Regional Trial Court, Quezon City, The Philippines
Presentation (PDF, 26KB)
Paper (PDF, 85KB)

Evaluating IP Courts in Developing Countries - Case Study: South Africa
Esmé du Plessis, Partner, Adams & Adams, Pretoria, South Africa
Presentation (PDF, 1.2MB)

Jordanian Experience in the Protection of Intellectual Property Rights and the Need for Specialized Intellectual Property Courts
Nadim Kayyali, Partner, Khalifeh & Partners, Jordan
Presentation (PDF, 200KB)

 
18:15 Evening Reception

Dolley Madison House
Lafayette Square
Washington, D.C.

 
Day Two: Friday, September 13, 2002__     
Court Room, Court of Appeals for the Federal Circuit
717 Madison Place, NW
Washington, DC
 
09:00

Welcoming Comments

Peter N. Fowler, Attorney-Advisor, Office of Enforcement, USPTO

 

09:30 Training and Reforming IP Judicial Capacity
Moderator: Michael Young, Dean, The George Washington University Law School

The Role of the Bar
Donald R. Dunner, Partner, Finnegan, Henderson, Farabow, Garrett & Dunner

Specialised IP training for judges
James G. Apple, President, International Judicial Academy

Experience of Federal Judges in Overseas Training Programs
Honorable Randall Rader, Judge, U.S. Court of Appeals for the Federal Circuit

Specialised IP training at law schools
Professor Martin Adelman, The George Washington School of Law

 
10:45

The Role of Alternative Dispute Resolution
Moderator: Michael L. Smith, Attorney-Advisor, Office of Enforcement, USPTO

Alternative Dispute Resolution; Mechanisms for the enforcement of IP rights
David Plant

Alternative Dispute Resolution - The Views of a South African Practitioner
Lee Gillespie-White, Projects Counsel, IIPI
Paper (PDF, 37KB)

ADR for Intellectual Property Disputes in the International Context
Bartolomeo Migone, Senior Legal Officer, Arbitration and Mediation Center, WIPO
Presentation (PDF, 142KB)

 

11:45 Lunch

Dolley Madison House

 
13:00

Handling Administrative Determinations and Appeal Procedure
Moderator: James A. Toupin, General Counsel, USPTO

USPTO Board of Patent Appeals and Interferences
Honorable Bruce H. Stoner Jr., Chief Administrative Patent Judge, Board of Patent Appeals and Interferences, USPTO
Presentation (PDF, 275KB)

International Trade Commission - ADL Determinations/Section 337
Tim Yaworski, Assistant General Counsel for Section 337 Investigations, United States International Trade Commission

Administrative Procedures and Enforcement in China
Singer John Huang, Managing Partner, East IP
Presentation (PDF, 824KB)

 

14:30 Coffee

 
15:00

Perspectives from Industry-Judicial Enforcement in Developing Countries
Moderator: Michael S. Shapiro, Attorney-Advisor, Office of International Affairs, USPTO

Copyright Enforcement Under the TRIPS Agreement
Steven Metalitz, Senior Vice President, International Intellectual Property Alliance

Perspectives from Industry-Judicial Enforcement in Developing Countries
Katharine Bostick, Senior Corporate Attorney, Microsoft Corp.
Presentation (PDF, 111KB)

Specialized Judiciaries - Perspectives from the Trademark Bar
Rodrick Enns, Partner, Enns & Archer, LLP
Presentation (PDF, 77KB)
Supplement: Resolution of the INTA Board of Directors (PDF, 29 KB)

Perspectives from Industry-Judicial Enforcement in Developing Countries
Mihir Kumar Chakrabarti, Senior Attorney, L.S. Davar & Co. and H.V. Williams & Co.
Presentation (PDF, 361KB)
Paper (PDF, 61KB)

16:30

Summary & Close of Conference


Speaker Biographies


 

Honorable Vichai Ariyanuntaka
Judge, Central Intellectual Property & International Trade Court, Thailand

The Honorable Vichai Ariyanuntaka was a founding member of the Central Intellectual Property and International Trade Court in 1997. He brought with him the experience and expertise from the arbitration system to the new court structure. The Central IP&IT Court is unique in its kind. The system combines the requirements of prompt and effective enforcement of intellectual property rights under the TRIPs Agreement and the speedy, fair and not-too-costly trial brought about by case management under the new regime of civil justice administration.

Judge Ariyanuntaka started his judicial career with the Provincial Court of Srisaket close to the Cambodian border in the North-East of Thailand where he was posted for two years. In Bangkok, he was appointed the first Director of the Arbitration Office where ADR in general and arbitration in particular was started in this country. Judge Vichai was appointed Executive Director of the Arbitration Office from 1990 - 1994 when he was appointed Deputy Secretary-General of the Office of Judicial Affairs.

Judge Ariyanuntaka graduated LL.B. (Hons) from Chulalongkorn University in Thailand and qualified as Barrister-at-Law from the Thai Bar Association. He was granted a Thai Government Scholarship to further his legal studies at the University of Wales where he graduated LL.B. (Hons) and went on to read LL.M. at the London School of Economics.


Professor Martin Adelman
Director, Intellectual Property Law Program, The George Washington University Law School

Prior to his appointment in 1999 as Professor of Law; Director of the Intellectual Property Law Program and Director of the Dean Dinwoodey Center for Intellectual Property Studies at George Washington University Law School, Professor Adelman was a Professor of Law at Wayne State University Law School. He joined that faculty in 1973.

Before joining Wayne State, Professor Adelman practiced as a patent attorney in the Detroit area for several years. During that period he served as lead counsel in several patent infringement actions including acting as lead counsel for Motor City in the Kolene v. Motor City litigation.

He has written many law review articles on patent law, the economics of patent law and patent antitrust law subjects. From 1977 to 1988 he was one of the co authors and currently is the sole author of the continuously updated eight volume treatise on patent law entitled Patent Law Perspectives (Matthew Bender). He is a co author of Cases and Materials on Patent Law (West Group 1998). He has also testified either by deposition or at trial as an expert in patent law and practice in more than 150 patent infringement cases.


James G. Apple
President and Founder, International Judicial Academy

James G. Apple is President and Founder of the International Judicial Academy, a not-for-profit corporation chartered in the District of Columbia in 1998. Before devoting full time to the affairs of the Academy beginning in the fall of 1999, he was for nine years a senior staff member of the Federal Judicial Center in Washington, the agency of the federal courts responsible for education, training and research. As Chief of the Interjudicial Affairs Office he directed and coordinated the Center's international programs.

Most recently Mr. Apple was a professional in residence for the U.S. State Department for three weeks during April and May of 2000 in Bangkok, Thailand, assisting the Thai government in a major court reform project. Mr. Apple, before coming to Washington, was a practicing trial lawyer in the Commonwealth of Kentucky for 25 years, specializing in civil litigation.

Mr. Apple received a B.A. degree with Honors in Philosophy from the University of Virginia in 1959, and a J.D. degree from the University of Virginia Law School in 1962, where he was an editor of the Virginia Law Review. He holds a LL.M. in international and comparative law from the University of Edinburgh, where he attended during the academic year 1988-89 under a leave of absence from his law firm.


Katharine Bostick
Senior Corporate Attorney, Microsoft Corporation

Katharine A. Bostick joined Microsoft Corporation in January 2001. As Senior Corporate Attorney, she established Microsoft's Anti-counterfeiting program in South Asia Pacific. Her team focuses on enforcement actions involving the suppliers, manufacturers, and financiers of high quality counterfeit Microsoft products.

Prior to joining Microsoft, Ms. Bostick served as a federal prosecutor for over 11 years. As an Assistant United States Attorney she prosecuted cases in the Southern District of New York, the Narcotic and Dangerous Drug Section at the Department of Justice, and in the Northern District of California. During her career as a federal prosecutor she handled a wide range of investigations and prosecutions, including prosecutions of major organizations involved in international drug trafficking and money laundering. Just prior to joining Microsoft she served as the Chief of the Organized Crime Drug Enforcement Task Force for the Pacific Region.



Mihir Kumar Chakrabarti
Senior Attorney, L.S. Davar & Co. and H.V. Williams & Co.

Mr. Mihir Kumar Chakrabarti is a Senior Attorney with law firms of L. S. Davar & Co. and H. V. Williams & Co. (Patent and Trademarks Attorneys). Prior to joining these firms, Mr. Chakrabarti was a patent and trademark attorney for the firm DePenning and Depenning Co. Mr. Chakrabarti has also worked as a reporter for the Industrial Property Law Reporter and has published numerous articles on intellectual property rights issues in the Industrial Property Law Reporter, The Statesman and Ananda Bazar Patrika.

Mr Chakrabarti received a B.S. in Science with Honors in Chemistry and an LL.B. from Calcutta University.



Mark A. Cohen
Attorney-Advisor, Office of Enforcement, USPTO

Mr. Mark Cohen is an Attorney-Advisor for the Office of Enforcement at the United States
Patent and Trademark Office. Prior to joining the USPTO, Mr. Cohen was a Washington, D.C.
attorney with over 15 years experience in Chinese legal matters. He is the principal editor of Chinese Intellectual Property Law and Practice (Kluwer Law International, 1999).Mr. Cohen has lectured on Chinese law at numerous Chinese, European and US faculties. He has represented clients or appeared as an expert before Congress, the USTR, various U.S. courts, the U.S. International Trade Commission, Bureau of Export Administration, and other organizations on Chinese intellectual property and trade issues. He has represented many high tech businesses, inventors, artists and non-profit organizations in their business dealings with China.

Mr. Cohen is a graduate of Columbia University Law School and its Center for Chinese Legal Studies (1984). He holds am M.A. and B.A. in Chinese Literature and Chinese Studies, and was formerly a visiting lecturer at the University of International Business and Economics in Beijing (1987), as well as a visiting student at Nanyang University, Republic of Singapore (1976).


Maria Dakolias
Chief Counsel, Legal and Judicial Reform Practice Group, The World Bank

As Chief Counsel (Acting) of the World Bank Legal Vice Presidency's Legal and Judicial Reform Practice Group, Ms. Dakolias is committed to promoting the discussion of legal and judicial reform issues. Since joining the Bank in 1992, her work advising and managing legal and judicial reform projects has spanned Latin America, the former Soviet Union, the Middle East, and Asia. While access to justice issues are her primary area of interest, her work in legal and judicial reform has been much broader, including such operational activities as piloting improved court management systems in model courts in Argentina, supporting the development of new commercial litigation in Sri Lanka, and launching legal services for women in Ecuador.

Ms. Dakolias is a graduate of the University of Amsterdam (L.L.M., European Union International Trade Law), George Mason University School of Law (J.D), and Haverford College (B.A., Philosophy). Her recent publications include Attacking Corruption in the Judiciary: A Critical Process in Judicial Reform (with Kim Thachuk, Wisconsin International Law Journal, Vol. 18, No. 2, Spring 2000) and Judicial Reform: A Process of Change Through Pilot Courts (with Javier Said, European Journal of Law Reform, Vol. 2, Issue 1, 2000).


Honorable Edward J. Damich
Chief Judge, United States Court of Federal Claims

Judge Edward J. 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. The United States Court of Federal Claims, based in Washington, D.C., hears cases for monetary damages against the federal government. Its docket includes cases involving government contracts, land use, Indian lands, and patent and copyright.

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). Judge Damich was also 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).

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 has an A.B. degree from St. Stephen's College, Dover, Massachusetts; a J.D. degree from Catholic University; and LL.M. and J.S.D. degrees from Columbia University.


Honorable Reynaldo B. Daway
Presiding Judge, Regional Trial Court, Quezon City, The Philippines

The Honorable Reynaldo B. Daway is the Presiding Judge of the Regional Trial Court, Branch 90, Quezon City, The Philippines. He is also the Specialized Intellectual Property (IP) court judge, and Commercial Law judge, for Quezon City. A Certified Public Accountant, he obtained his B.S. in Commerce, major in Accounting and Auditing, magna cum laude, from the San Beda College, Manila in 1972. Graduating among the top ten students in his class, he obtained his J.D. from the University of the Philippines in 1977 and passed the Bar Examinations given that year. He later took up a short course in Management at the Yale School of Management, Yale University, New Haven, Connecticut, U.S.A. in 1980.

Prior to his appointment to the bench, he was a senior partner in a law firm, Solicitor at the Office of the Solicitor General, Executive Officer at the Presidential Commission on Good Government, and alternate Action Officer of the Committee on Public Ethics and Accountability formed by the President of the Philippines in 1987.

Having been appointed by the President of The Philippines as a Regional Trial Court judge in 1988, Judge Daway served as a consultant/resource person of the Supreme Court on the Philippine Criminal Justice System, a PHRD Grant for Judicial Reform Project. He has also served as moderator /panelist in various training programs conducted by the Philippine Judicial Academy.


Esmé du Plessis
Partner, Adams & Adams, Pretoria, South Africa

Ms. Esmé Desiré du Plessis obtained a B.S. and an LL.B. at the University of Pretoria. Several academic prizes were awarded to her during her studies, including the Grotius medal (the Bar Prize) for the best law student. During this period she served on the Students' Representative Council of the University of Pretoria and was awarded Dux honours.

She was admitted as an attorney in 1965, having qualified also as a patent agent - the first woman to do so in South Africa. For several years she practised as a partner in the Pretoria firm of Adams & Adams, well-known patent, trademarks and general attorneys.

In 1979 she joined the Law Faculty of the University of South Africa and was promoted to associate professor in the Department of Mercantile Law. In 1990 she returned to private practice and again joined Adams & Adams as a partner. She still holds a professorship extraordinary in the Law Faculty of University of South Africa.

She is currently a member of the following organisations chairperson of the LSSA Standing Committee on IP and a fellow at the South Africa Institute of Intellectual Property Law.


Donald R. Dunner
Partner, Finnegan, Henderson, Farabow, Garrett & Dunner

Mr. Donald R. Dunner is a partner in the Washington, D.C. firm of Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P. He is a graduate of Purdue University and Georgetown University Law School. Mr. Dunner is a past President of the American Intellectual Property Law Association, past Chair of the American Bar Association Intellectual Property Law Section, and has served as a member of the ABA House of Delegates since 2002. He has served on the Federal Circuit Bar Association's Board of Governors from 1999-2002. He served as Chairman of the Advisory Committee of the U.S. Court of Appeals for the Federal Circuit from 1982-92 and served on the United States Patent and Trademark Office Advisory Commission on Patent Law Reform in 1991-92.

Mr. Dunner is a co-author of Court of Appeals for the Federal Circuit: Practice and Procedure and a past co-author of Patent Law Perspectives. Mr. Dunner has lectured extensively on patent law and is a Fellow of the American College of Trial Lawyers.


Rodrick Enns
Partner, Enns & Archer, LLP

Rodrick J. Enns is a partner in the law firm of Enns & Archer LLP. His practice focuses on the marketing and distribution of branded products and services, including counseling and litigation concerning trademark, copyright and related intellectual property issues, advertising clearance, pricing, regulatory barriers to distribution, and other antitrust and trade regulation matters.

Mr. Enns has been active in the International Trademark Association (INTA) since 1987, serving for the past four years as Chair of its Emerging Issues Subcommittee. This year he sits on INTA's U.S. Legislation Subcommittee, and chairs a task force which is evaluating possible amendments to the Federal Trademark Dilution Act of 1995. He was also a founding member of the Antitrust and Trade Regulation Law Section of the North Carolina Bar Association, chaired that Section in 1991-92, and currently sits on the Section Council.

Mr. Enns practiced in the Winston-Salem office of Kilpatrick Stockton LLP and its predecessor firm from 1983-2001, and with the Denver firm of Lohf & Barnhill, P.C. from 1979-1983. He graduated from Harvard Law School, cum laude, in 1979. He received his undergraduate degree, magna cum laude, Phi Beta Kappa, with distinction in Philosophy, from the University of Washington in 1976.


Peter N. Fowler
Attorney-Advisor, Office of Enforcement, USPTO

Mr. Fowler is an Attorney-Advisor in the Office of Enforcement at the United States Patent and Trademark Office, having joined the USPTO Office of Legislative and International Affairs in 1995. He served as Executive Assistant for Assistant Secretary of Commerce and Commissioner of Patents and Trademarks Bruce Lehman, and as Chief of Staff for Under Secretary and Director Todd Dickinson, Acting Director Nicholas Godici, and Under Secretary and Director James E. Rogan.

From 1995-1998, Mr. Fowler facilitated the Conference on Fair Use, authoring its three reports; organized the Intellectual Property Conference of the Americas in 1996; and served as a member and the executive secretary of the U.S. Delegation to the 1996 WIPO Diplomatic Conference on Copyright and Neighboring Rights.

Prior to working for the government, he was a partner with the San Francisco firm of Lilienthal, Jacobson & Fowler, where he practiced copyright, trademark, and entertainment law. Admitted to practice in California, Nevada, and before several federal courts, he has authored a number of law review articles, and served as a Judge Pro Tem of the Municipal Court of the City and County of San Francisco.

He received a J.D. from Golden Gate University School of Law, an M.A. in 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.


Lee Gillespie-White
Projects Counsel, International Intellectual Property Institute

Lee Gillespie-White is a South African attorney with extensive experience in international intellectual property rights. Based in Washington, D.C., she works as a project manager, researcher and consultant for the International Intellectual Property Institute.

Her expertise includes a wide range of patent issues in developing countries such as licensing and marketing. In partnership with the Congressional Economic Leadership Institute, Gillespie-White coordinated a conference on technology transfer for developing countries and arranging a hearing for members of Congress on access to HIV/AIDS pharmaceuticals in Africa. She has also advised on copyright issues in collecting oral history material at a conference held in South Africa through Michigan State University.

Prior to her arrival in Washington, Gillespie-White was a senior associate with the firm of Bell Dewar & Hall in Johannesburg. Her clients included a number of prestigious corporations and organizations such as Times Media Limited (The Sunday Times, Business Day and The Financial Mail) Times Media Television, EDS Africa, Johnson & Johnson, and the Financial and Fiscal Commission, a government agency formed by the South African Constitution as a watchdog to the Department of Finance. As an attorney to these clients, Gillespie-White advised and litigated on regulatory law and intellectual property protections, copyright and trademark law issues and defamation law as well as drafted entertainment law contracts, litigated corporate disputes and advised on constitutional law issues.


Hugh Hansen
Professor, Fordham University School of Law

Mr. Hugh C. Hansen is a professor of law at Fordham University School of Law where he teaches courses in copyright law, trademark law, EC intellectual property law and U.S. constitutional law. He is the founder and director of Fordham's Annual Conference on International Intellectual Property Law and Policy which is now in its eleventh year.

Professor. Hansen clerked for Judge Inzer B. Wyatt in the U.S. District Court for the Southern District of New York. Later he clerked for Judge Murray I. Gurfein in the U.S. Court of Appeals for the Second Circuit. He was in practice as an associate with the law firm of Dewey Ballantine in New York and then as an Assistant United States Attorney in the Southern District of New York in the Criminal Division.

Professor Hansen is the Intellectual Property Editor of Preview, an American Bar Association publication. Matthew Bender will soon publish the 2003 edition of his book, New York Intellectual Property Handbook. Professor Hansen is the editor of the proceedings of the Fordham annual conference, International Intellectual Property Law and Policy, Volume 1--6.

Professor Hansen received his A.B. from Rutgers University, his J.D. from Georgetown University School of Law and his LL.M. from Yale University School of Law.


Singer John Huang
Managing Partner, East IP, Beijing, China

Mr. Singer John Huang has worked at Baker & McKenzie in Beijing, Taipei and Hong Kong, and at O'Melveny & Myers's in China, where he was the head of their IP practice and dealt with IP matters regarding high-tech investment, dispute resolution and litigation planning and patent and trademark applications.

After joining East IP in 2000 as the Managing Partner, Mr. Huang became responsible for intellectual property right infringement prosecution, licensing and enforcement, regulatory advice related to intellectual property rights and patent infringement prosecution and litigation. Mr. Huang has also served as the Chairman of the High-Tech Issues Working Group of the US-China Business Council in Beijing and Special Counsel to the China Intellectual Property Training Center under China's State Council.


Honorable Zhipei Jiang
Chief Justice, No.3 Civil Court, Supreme People's Court, People's Republic of China

The Honorable Zhipei Jiang has a Ph.D. in Law from People's University. He has been a senior visiting scholar in Birmingham University's Law School in the UK, and the John Marshall Law School in the US. He is now a Member of Judicial Committee of the Supreme People's Court, Presiding Judge of the Third Civil Tribunal of the Supreme People's Court and Vice President of the China Law Society Intellectual Property Law Institute. He has been engaged in the formulation of legislation for civil law, civil procedure law, intellectual property law and other important laws. Also he has participated in the drafting of the judicial interpretation of many intellectual property laws. He been the chief editor of, or written many books and academic essays including The Internet and E-Commerce, IP Right Protection under the WTO, IP Right Guide and Reference (four volumes) and Supreme People's Court IP Cases and Remarks.


Nadim Kayyali
Partner, Khalifeh & Partners, Jordan

Mr. Nadim Kayyali is a Senior Associate with the law firm Khalifeh & Partners, based in Amman, Jordan. Mr. Kayyali's practice is focused on commercial law, particularly Intellectual Property and Investment Promotion Law. Mr. Kayyali serves as a Member of the Reach Initiative Regulatory Framework Committee, which is responsible for reviewing and proposing changes to Jordanian law pertaining to software development and information technology. Mr. Kayyali is also a member of the Information Technology Association of Jordan, which is an Advocacy Committee responsible for identifying and following up on issues that concern the information technology sector in Jordan.

Mr. Kayyali received his B.A. in politics, philosophy and economics from the University of Pennsylvania and his J.D. from George Washington University Law School. Mr. Kayyali is licensed to practice law by the New York Bar Association and the Jordanian Bar Association.


Michael Landau
Professor, Georgia State University College of Law

Mr. Michael Landau is Professor of Law and Head of the Intellectual Property, Technology, and Media Studies Group at Georgia State University College of Law, where he teaches courses in Copyrights, Trademarks, Unfair Competition, Entertainment Law, Computer Law, and Antitrust. Professor Landau received his law degree from the University of Pennsylvania Law School, where he was a recipient of the Nathan Burkan Memorial Copyright Award.

Before becoming affiliated with Georgia State, Professor Landau practiced with the New York law firms of Cravath, Swaine & Moore and Skadden, Arps, Slate, Meagher & Flom, where he primarily handled matters for media, entertainment, and technology clients.

Professor Landau has also been a Visiting Professor or Visiting Scholar at the University of Amsterdam Institute for Information Law, the University of Georgia, Dickinson Law School of Penn State, the Johannes Kepler University of Linz, Austria, and Louisiana State University. He has written numerous articles on Copyright, Trademark, Entertainment Law, and Art Law for various academic and professional journals.. He is a member of the New York Bar, the Copyright Society of the U.S.A., and the American Intellectual Property Law Association (AIPLA). Professor Landau is also on the Board of Directors of the Georgia Lawyers for the Arts and the Atlanta Contemporary Art Center.


Honorable Bruce A. Lehman
President, International Intellectual Property Institute

Mr. Bruce Lehman is President and CEO of the International Intellectual Property Institute (IIPI). Mr. Lehman is a member of the Policy Advisory Commission to the director general of the World Intellectual Property Organization (WIPO) and he is president of the U.S. Committee for WIPO. Mr. Lehman is also a member of several corporate boards, including the Patent & Licensing Exchange, Inc. and Ford Technology Licensing, Inc., a wholly owned subsidiary of the Ford Motor Company.

Prior to founding IIPI, Mr. Lehman served as Assistant Secretary of Commerce and U.S. Commissioner of Patents and Trademarks from August 1993 through December 1998. As the Clinton Administration's primary representative for intellectual property rights protection, he was a key player on these issues, both domestically and internationally, and was intimately involved in negotiations related to the Agreement on Trade Related Aspects of Intellectual Property, the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty.

For ten years prior to joining the Clinton administration, Lehman was a partner in the Washington, D.C., law firm of Swidler & Berlin. There he represented individuals, companies, and trade associations in the areas of intellectual property rights. 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.

Mr. Lehman received a B.A. and a J.D. from the University of Wisconsin.


Jennifer Lucas
Attorney-Advisor, Office of International Relations, United States Patent and Trademark Office (USPTO)

Ms. Jennifer B. Lucas is an Attorney-Advisor in the Office of International Relations for the USTPO. Ms. Lucas represents the USPTO in domestic and international fora to formulate, present, explain and advocate approved U.S. positions on intellectual property. As part of her duties, Ms. Lucas serves as a member of the U.S. Delegation to the Hague Conference negotiating the proposed Convention on Jurisdiction and Enforcement of Foreign Judgments in Civil and Commercial Matters. Before joining the USPTO, Ms. Lucas held the positions of senior legal editor for American Lawyer Media's IP Law Weekly and legal editor for BNA's Electronic Commerce and Law Report. Ms. Lucas also has worked in private practice, as a trademark and copyright attorney in Washington, D.C. She holds a J.D. from George Mason University School of Law and an LL.M. in Intellectual Property from the John Marshall Law School.


Stefan Luginbuehl
Swiss Federal Institute of Intellectual Property

Stefan Luginbuehl, a native of Bern, Switzerland, completed his law degree at the University of Bern, then worked at a well-established law firm specializing in business law, with offices in Zurich and Bern, and was admitted to the bar in 1999. In the same year, he began his employment at the Federal Institute of Intellectual Property where he has since represented Switzerland as a member of the Swiss Delegation to the first part of the Diplomatic Conference concerning a worldwide agreement on jurisdiction and foreign judgements in civil and commercial matters of the Hague Conference, to the Second Intergovernmental Conference, and to the Diplomatic Conference of the EPC Contracting States on the reform of the European patent system. He currently serves as the deputy head of the Swiss Delegation to the Committee on Patent Law within the European Patent Organisation (EPO) and on the EPO Working Party on Litigation committee as well as sub-group where he is involved in elaborating the future agreement for the settlement of litigation for European Patents (EPLA).


Steven J. Metalitz
Senior Vice President, International Intellectual Property Alliance (IIPA)

Steven J. Metalitz serves as Senior Vice President of the International Intellectual Property Alliance (IIPA), the coalition of copyright industry trade associations working for stronger copyright protection and enforcement around the world. His duties with IIPA focus on the Asia/Pacific region and on issues of copyright protection in the digital and electronic commerce environments, including ratification and implementation of the WIPO Internet treaties. He is also counsel to the Copyright Coalition on Domain Names and a partner in the Washington, DC law firm of Smith & Metalitz LLP. As counsel to the Creative Incentive Coalition, he was instrumental in the drafting of the Digital Millennium Copyright Act of 1998.

From 1989 through 1994, Mr. Metalitz was Vice President and General Counsel of the Information Industry Association, directing the trade association's government relations program and developing and advocating its policy positions in copyright, telecommunications, privacy, government information policy, and other areas. From 1982-1989, he held several senior staff positions with the U.S. Senate Judiciary Committee, including Chief Nominations Counsel, and Chief Counsel and Staff Director of its Subcommittee on Patents, Copyright and Trademarks.

Mr. Metalitz has taught copyright law as Professorial Lecturer in Law at the George Washington University Law School. He is a Phi Beta Kappa graduate of the University of Chicago (B.A. 1972) and earned his law degree at Georgetown University Law Center (J.D. 1977).


Bartolomeo Migone
Senior Legal Officer, Arbitration and Mediation Center, World Intellectual Property Organization

Bartolomeo Migone, a national of Italy and the United States, holds a J.D. from Columbia Law School, an M.A. in International Economics and American Foreign Policy from the Paul H. Nitze School of Advanced International Studies of the Johns Hopkins University (SAIS), and a B.S. degree from the London School of Economics and Political Science.

Before joining the WIPO Arbitration and Mediation Center, he practiced at Davis Polk & Wardwell in New York and at the United Nations Compensation Commission, where he worked on corporate oil sector claims arising from the 1990-91 Iraqi occupation of Kuwait. Between 2000 and 2002 he was employed by Schroder Salomon Smith Barney (SSSB) as Chief of Staff to the Chairman of SSSB Italy, and then as Vice President for Special Projects (Europe).


Honorable Gerald J. Mossinghoff
Senior Counsel, Oblon, Spivak, McClelland, Maier and Neustadt

The Honorable Gerald J. Mossinghoff is Senior Counsel to Oblon, Spivak, McClelland, Maier and Neustadt, a leading intellectual property law firm in Arlington, Virginia. He is a former Assistant Secretary of Commerce and Commissioner of Patents and Trademarks and a former President of the Pharmaceutical Research and Manufacturers of America (PhRMA). He is a Cifelli Professorial Lecturer at the George Washington University Law School and an adjunct Professor of Law at the George Mason University School of Law. Mr. Mossinghoff has served as United States Ambassador to the Diplomatic Conference on the Revision of the Paris Convention and as Chairman of the General Assembly of the United Nations World Intellectual Property Organization.

As one of the world's premier intellectual property specialists, he advised President Reagan concerning the establishment of the Court of Appeals for the Federal Circuit, which has strengthened and brought certainty to patent law in the United States.

Mr. Mossinghoff received an Electrical Engineering degree from St. Louis University and a Juris Doctor degree with Honors from the George Washington University Law School. He is a member of the Order of the Coif and Eta Kappa Nu Electrical Engineering Honor Society and is a Fellow in the National Academy of Public Administration. He is a member of the Missouri, District of Columbia and Virginia bars.


David Plant

From 1957 through 1998, Mr. Plant practiced law in New York City with Fish & Neave. Since retiring from Fish & Neave, he has been serving as a mediator, arbitrator, special master, and teacher. Mr. Plant holds degrees in engineering and law from Cornell University. He is a member of the bars of New York, the United States Supreme Court, various United States courts of appeals and district courts, and the United States Patent and Trademark Office.

While at Fish & Neave, Mr. Plant's practice focused on trials and appeals in federal courts, proceedings before the ITC, FTC, and USPTO, and various ADR processes. He has served as managing partner of Fish & Neave, chair and director of various professional committees and organizations, and on various ADR panels in both court-annexed and voluntary procedures in the U.S., Europe, and Canada.

Mr. Plant has served as a Special Master in U.S. district courts, as a mediator in more than 60 domestic and international disputes, and as an arbitrator in more than 60 ICC, Stockholm, UNCITRAL, AAA, CPR, WIPO, court-annexed, and ad hoc arbitrations. He has written and spoken on ADR issues in the U.S., Canada, Europe, Japan, Africa, and South America, and has led courses and workshops in arbitration and mediation at WIPO, UNITAR, Cairo Regional Centre for International Commercial Arbitration, Franklin Pierce Law Center, and bar associations.


Honorable Randall R. Rader
Judge, United States Court of Appeals for the Federal Circuit

The Honorable Randall R. Rader is a Circuit Judge on the United States Court of Appeals for the Federal Circuit. He obtained a B.A. in English from Brigham Young University in 1974 and a J.D. from George Washington University in 1978. President Ronald Reagan appointed him to the United States Claims Court in 1988. President George Bush nominated Judge Rader to the Court of Appeals for the Federal Circuit in 1990.

While on the appellate bench, Judge Rader has also served actively as an educator. He has taught patent law and advanced intellectual property courses at the University of Virginia School of Law, Georgetown University Law Center, and The George Washington University Law School. Judge Rader is co-author of a casebook on patent law used at over 65 law schools. He received the J. William. Fulbright Award for Distinguished Public Service, 2000. As an appellate judge, Judge Rader has also led or participated in over 40 delegations to foreign nations, usually to teach rule of law or intellectual property concepts in developing nations.
Before his appointment to the bench, Judge Rader served members of the House of Representatives (1975-1980) and as counsel to the Senate Judiciary Committee (1980-88), where he was Chief Counsel or Minority Chief Counsel for the Subcommittee on the Constitution and the Subcommittee on Patents, Trademarks, and Copyrights.


Professor Michael P. Ryan, Ph.D.
Projects Director, International Intellectual Property Institute

Professor Michael Ryan is Projects Director at the International Intellectual Property Institute and is a leading academic in the field of intellectual property. Professor Ryan also teaches and conducts research regarding international political economy at the Georgetown University's McDonough School of Business. In 1994, Ryan established the first intellectual property course in a school of public and international affairs with his course at the Georgetown School of Foreign Service and in 1996 established the first business school course dealing with the subject of intellectual property and knowledge-based competition.

Professor Ryan is the author of two books: Knowledge Diplomacy: Global Competition and the Politics of Intellectual Property (Brookings, 1998) and Playing by the Rules: American Trade Power and Diplomacy in the Pacific (Georgetown, 1995). He is presently co-authoring Knowledge Management Strategies for the World Economy. Since the publication of Knowledge Diplomacy, Ryan has assisted the Kingdom of Jordan with intellectual property law and policy reform associated with its WTO accession and conducted a study of the institutional design and public administration of intellectual property policy in Peru on behalf of its government.

Professor Ryan received his Ph.D. in political science, with concentrations in international organization, law, and comparative political economy from the University of Michigan. He earned a master's degree in philosophy, with a concentration in social and political philosophy and in philosophy of science, at Ohio State University.


Michael S. Shapiro, Ph.D.
Attorney-Advisor, Office of International Affairs, USPTO

Mr. Michael S. Shapiro is an author and attorney specializing in domestic and international copyright law. The former General Counsel of the National Endowment for the Humanities, Dr. Shapiro currently serves as Attorney-Advisor, Office of International Affairs, U.S. Patent and Trademark Office. He is the co-author of A Museum Guide to Copyright and Trademark (1999) and is currently working on a book entitled The Cultural Bargain: Arts, Copyright and the Public Interest. Mr. Shapiro earned a Ph.D. in American Civilization from Brown University and a J.D. from the George Washington University Law School.


Robert M. Sherwood

Mr. Robert M. Sherwood has done research in 18 developing countries to identify the benefits of robust intellectual property protection for national interests. He pioneered in measuring the damage done to national economies by poor judicial system performance.

He diagnosed intellectual property systems throughout Latin America for the Inter-American Development Bank. He has consulted for the World Bank on intellectual property reform. For USAID, he helped local groups in Ecuador and Peru promote improved intellectual property protection.

His writings include two books and numerous articles on intellectual property and economic development. The World Intellectual Property Organization commissioned his study of the TRIPS Agreement's implications for developing countries. His comparative analysis of intellectual property systems in 18 developing countries is widely cited. With Brazilian co-authors, he proposed a new model for developing country patent offices designed to encourage local inventors.

With Geoffrey Shepherd of the World Bank and Celso Marcos de Souza of Brazil's foreign ministry, he co-authored the seminal paper "Judicial Systems and Economic Performance". He has generated judicial system research projects in Argentina, Brazil, Canada, Peru, Philippines, Portugal, Spain and is fashioning research for the European Commission.

Mr. Sherwood is a graduate of Harvard College, Columbia University and Harvard Law School.


Michael L. Smith
Attorney-Advisor, Office of Enforcement, United States Patent and Trademark Office (USPTO)

Mr. Smith is an attorney-advisor in the Office of Enforcement at the USTPO, focusing on enforcement issues relating to the protection of intellectual property rights.

Prior to joining the USPTO, Mr. Smith served as a foreign affairs officer at the Department of State, Economic Bureau, Intellectual Property and Competition Division. Mr. Smith has also served as an attorney-advisor, United States Customs Service, Intellectual Property Rights Branch and as a judicial law clerk for the United States Bankruptcy Court, Southern District of Texas.

Mr. Smith attended the London School of Economics, University of London, receiving an LL.M. in commercial and corporate law, South Texas College of Law where he received a J.D. and University of Houston where he received a B.A.


Robert L. Stoll
Director, Office of Enforcement, United States Patent and Trademark Office

Mr. Robert Stoll was appointed Executive Assistant to the Assistant Secretary of Commerce and Commissioner of Patents and Trademarks on November 1, 1994. In that position, Mr. Stoll was responsible for providing technical and policy assistance to the Assistant Secretary of Commerce and Commissioner of Patents and Trademarks on a broad range of national and international intellectual property issues, and the development and planning of PTO-wide strategic goals, objectives, and priorities. He also served as liaison with patent and trademark bar groups and the academic and scientific communities.

In 1995, Mr. Stoll was promoted to the position of Administrator, Office of Legislative and International Affairs at the Patent and Trademark Office. In this capacity, he was responsible for the organization that developed and analyzed legislation relating to intellectual property as well as international issues related to intellectual property. With the reorganization of the office in July of 2002, Mr. Stoll assumed his current duties which include domestic and international enforcement initiatives.

Mr. Stoll received his B.S. degree in Chemical Engineering from the University of Maryland and he earned a J.D. degree from Catholic University.


Honorable Bruce H. Stoner Jr.
Chief Administrative Patent Judge, Board of Patent Appeals and Interferences, USPTO

Chief Judge Bruce H. Stoner, Jr., is a native of Lebanon, Pennsylvania. He holds a Bachelor of Science Degree in Aerospace Engineering from the Pennsylvania State University and a Juris Doctor Degree from the American University (cum laude). He is a member of the Virginia State Bar and the bars of the Courts of Appeals for the Federal and Fourth Circuits. Judge Stoner entered the Patent and Trademark Office in 1970 as an Examiner. He became a Primary Examiner in 1977 and from 1983-1986 served as a Supervisory Patent Examiner. Judge Stoner was appointed to the Board of Patent Appeals and Interferences in 1986. He has served as Chief Administrative Patent Judge since 1995.


James A. Toupin
General Counsel, United States Patent and Trademark Office (USPTO)

Mr. James Toupin received his A.B. degree with distinction from Stanford University in 1973, and his J.D. degree from the Boalt Hall School of Law, University of California at Berkeley, in 1977, where he was an editor of the law review. He is a member of the California and District of Columbia Bars.

Mr. Toupin began his career at Covington & Burling in Washington, D.C., specializing in intellectual property and unfair competition law and administrative agency litigation. From 1985-1987, he worked for Memel, Jacobs, Pierno, Gersh and Ellsworth, concentrating on international trademark registration and licensing. In 1987, he was appointed Assistant General Counsel for Litigation of the U.S. International Trade Commission and subsequently Deputy General Counsel, supervising defense of the ITC's actions in U.S. courts and international tribunals. He has been a member of advisory committees of the Court of International Trade and the Court of Appeals for the Federal Circuit.

Mr. Toupin became General Counsel of the U.S. Patent and Trademark Office in January 2001. He has executive responsibility for the USPTO Office of the Solicitor, Office of General Law, Office of Enrollment and Discipline, Board of Patent Appeals and Interferences, and Trademark Trial and Appeal Board.


Robin Whaite
Partner, Linklaters & Alliance, London

Mr. Robin Whaite became a partner in Linklaters in 1989, having joined their Intellectual Property and Technology department in 1986. Mr. Whaite represents a wide range of clients in the computing and healthcare sectors and other high-tech areas, from leading multi-nationals to start-up companies. His main areas of practice are international patent litigation, trade mark litigation, technology transfer, and the IP aspects of corporate transactions. He has handled, for example, multi-jurisdiction litigation over semi-conductor and biotech patents; one of the first patent cases to be referred to the European Court of Justice on the meaning of the jurisdiction rules of the Brussels Convention; joint ventures for b2b and biotech companies; and the IP aspects of the merger of two major pharmaceutical companies.

Mr. Whaite is Secretary of the IP Lawyers Association, and for many years represented the British Chambers of Commerce on the UK Government's Standing Advisory Committee on IP. He chairs an annual conference on International Patent Litigation, speaks and writes widely on IP subjects, is on the editorial board of Managing Intellectual Property, and is co-author of Joint Ventures (Longmans) and European Rules on the Exploitation of Intellectual Property (Butterworths, in preparation).


Johannes Christian Wichard
Head, Legal Development Section, Arbitration and Mediation Center, World Intellectual Property Organization (WIPO)

Mr. Johannes Christian Wichard, a German national, is Head of the Legal Development Section of the WIPO Arbitration and Mediation Center. He holds an LL.M. from Harvard Law School, a Ph.D. in law from Tübingen University, Germany, and is admitted to the New York Bar. Before joining WIPO in 1998, he was responsible for trademark and unfair competition law in the German Federal Ministry of Justice, and, before that, taught German and international private law at the Universities of Tübingen and Berlin.


Tim Yaworski
Assistant General Counsel, United States International Trade Commission (USITC).

Mr. Tim Yaworski has been with the USITC since 1976. Mr. Yaworski is currently the USTIC's Assistant General Counsel for Section 337 Investigations.

Mr. Yaworski received his B.A. in Chemistry from Rice University, an M.S. in Chemistry from Ohio State University, an M.B.A. from the University of California, Los Angeles and a J.D. from George Washington University.


Michael Young
Dean, The George Washington University Law School

Dean Young currently serves as Vice Chair of the U.S. Commission on International Religious Freedom, having served as chair from July 2001 to July 2002. He is a member of the Committee on International Judicial Relations of the Judicial Conference of the United States and serves as a member of the Board of Visitors of the U.S. Air Force Academy. Before coming to the George Washington University Law School, Dean Young was the Fuyo Professor of Japanese Law and Legal Institutions at Columbia University.

Before beginning his teaching career, Dean Young served as a law clerk to Justice Rehnquist and to Justice Benjamin Kaplan of the Supreme Judicial Court of Massachusetts. During the administration of President George Bush, he served as ambassador for trade and environmental affairs, deputy under secretary for economic and agricultural affairs, and deputy legal adviser to the U.S. Department of State.

Dean Young has published extensively, including articles and books on the Japanese legal system, dispute resolution, mergers, the legal profession, comparative law, industrial policy, international trade law, legal reform in Eastern Europe, NAFTA, GATT, and international human rights and freedom of religion. His latest books are The Fundamentals of U.S. Trade Law and Japanese Law in Context: Readings in Society, The Economy, and Politics (with C. Milhaupt and M. Ramseyer), both published in 2001.


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