| Intellectual Property
Law, Policy and Administration Workshops
Business and
Technology Executive Workshop
Agenda and Speaker
Biographies
Manila, Philippines
June 17-19, 2002
This workshop aims to serve the needs of individuals from
business, law, and government with responsibility for intellectual property, knowledge,
and technology policy, management, and strategy. In the context of a global economy,
the instructors introduce core concepts and principles of the law, economics, and
management of patents, trade secrets, copyrights, and trademarks and relate these
intellectual property policies to business competitive advantage and the commercial value
chain. Participants are challenged to design for themselves practical and realistic new
business and policy strategies.
|
| Day One: Tuesday June 18,
2002 |
| 09:00 |
Welcome and Introduction
Director General Emma C. Francisco, IPO-P
Hon.
Bruce Lehman, President and CEO, IIPI
Dr. Michael Shapiro,
USPTO
|
| 09:30 |
Competing in an Intellectual Property-Based World Economy Dynamics
of knowledge-based world economy; role of intellectual property in global competitive
advantage; internationalization of intellectual property law; piracy and need for
effective enforcement.
Professor Michael P.
Ryan, Georgetown University
|
| 11:00 |
Morning Break
|
| 11:15 |
Patents, Technology, and New Product and Process Innovations
Technology patterns and trajectories; research paradigms and standards; disruptive
technologies and paradigm shifts; patents, plant breeder rights, and technological
innovation; novelty and utility tests; prior art and examination; patent scope and
limitations; patent gazette and research.
Prof. Ryan
|
| 12:45 |
Lunch
|
| 14:00 |
Trade Secrets and Proprietary Knowledge
Trade secret protections; proprietary knowledge; commercial value and reasonable efforts
tests; reverse engineering exception; regional knowledge clusters and sociology of
innovation; employment contracts.
Prof. Ryan
|
| 15:30 |
Afternoon Break
|
| 15:45 |
Copyrights and Informational and Cultural
Products
Copyrights and economics of cultural and informational products; originality test;
idea/expression dichotomy; fair use doctrine; substantial similarity and infringement;
special piracy challenges.
Prof. Ryan
|
| 14:15 |
Open discussion of topics presented
|
| Day Two: Wednesday June 19, 2002__
|
| 09:00 |
Achieving Global Competitive Advantage
through Business Analysis
Competition analysis, including value chain analysis--R&D, production and operations,
marketing and distribution; identification of sources of competitive advantage and market
power; barriers to entry and exit.
Professor Douglas Sanford, Assistant Professor, Towson
University
|
| 11:00 |
Morning Break
|
| 11:15 |
Strategic Alternatives of Organization
Economies of scale and scope in production and distribution; network economies;
integration and externalization strategies; licensing, joint venture, and strategic
alliance strategies; complementary assets; knowledge capability and organizational
learning considerations.
Professor Sanford
|
| 13:00 |
Lunch
|
| 14:00 |
Copyright and Digital Commerce Business
Strategies
Digital cultural products and services; creative Internet-based strategies of production
and distribution; business opportunities and competitive challenges; role of copyright law
and digital enforcement.
Dr. Shapiro
Ferdinand Negre, Partner, Bengzon & Negre Law Offices
|
| 15:30 |
Afternoon Break
|
| 15:45 |
Trademarks and Brand Management
Trademarks, good will, and brand awareness; trade dress; examination and registration;
distinctiveness; usage and strength of rights; confusion and infringement in the
marketplace; famous brands; dilution and genericness; Internet domain names.
Professor Ryan
|
| 17:00 |
Trademark Conflict and Dispute Settlement
Judge Rany Simms, USPTO, Trademark Trial and Appeal
Board
|
| 18:30 |
Reception
Residence of the U.S. Ambassador
|
| Day Three: Wednesday June 19, 2002_ ___ |
| 09:00 |
Global Strategies of Innovation,
Production, and Distribution
Multinational strategies of trade, joint venture, and foreign direct investment;
value-chain applications regarding innovation, production, and distribution; challenges of
coordination and integration; legal, political, and social risk analysis.
Professor Sanford
|
| 11:00 |
Discussion of Mock Trial and related issues
|
| 11:15 |
Finding Business Opportunity in Local Advantages
Analysis of human, organizational, legal and policy, and cultural sources of local
competitive advantage.
Professor Sanford
|
| 12:45 |
Lunch
|
| 14:00 |
Intellectual Property Enforcement:
Necessity and Challenges
WTO TRIPS obligations regarding intellectual property enforcement; border and customs
challenges of enforcement; police, prosecution, and judicial challenges of intellectual
property enforcement.
Dr. Shapiro
|
Speaker Biographies |
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.
Michael P. Ryan
Professor of International Political Economy and Public Management
Georgetown University McDonough School of Business
Michael Ryan teaches and conducts research regarding international political economy at
the Georgetown University McDonough School of Business. He specializes in the
International law, politic, policy, diplomacy and public administration of intellectual
property and trade.
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. In 1994, Professor Ryan established
the first intellectual property course in a school of public and international affairs
with his Georgetown School of Foreign Service course and in 1996 established the first
business school course dealing with the subject of Intellectual Property and
Knowledge-Based Competition.
He has recently lectured in Argentina, Brazil, Chile, Japan, Jordan, Malaysia and Peru and
is a consultant to developing country governments and has been a guest lecturer at China
University of Political Science and Law and a guest scholar at the Brookings Institution.
He coordinates the electronic commerce executive education program at Georgetown.
Professor Ryan received his Ph.D. in political science at the University of Michigan.
Douglas Sanford, PhD
Visiting Assistant Professor, Towson University
Mr. Sanford specializes in international management with emphasis on
globalization/localization business strategies, the effect of national culture on
business, and international brand management. His articles have appeared in International
Marketing Review, The International Executive, and The Asian Case Research Journal. He has
managed the research department at a business advisory firm, where his duties included
authoring 25 research notes to a client base of senior executives. Formerly with the Peace
Corps in Sub-Saharan Africa, Professor Sanford teaches international business and
corporate strategy at the College of Business and Economics at Towson University. He
earned a doctorate in business administration at the University of Michigan School of
Business Administration.
Dr. Michael S. Shapiro
Attorney-Advisor, Office of Legislative and International Affairs
U.S. Patent and Trademark Office
Dr. Shapiro is an attorney specializing in domestic and international copyright issues.
The former General Counsel of the National Endowment for the Humanities, Dr. Shapiro
currently serves as Attorney-Advisor, Office of International and Legislative Affairs,
United States Patent and Trademark Office (USPTO).
Prior to joining the USPTO, Dr. Shapiro was in private practice, counseling a diverse
clientele in the commercial and nonprofit sectors. With Bruce A. Lehman, Dr. Shapiro
helped to launch the International Intellectual Property Institute (IIPI) and served as
its first General Counsel. Within the IIPI, Dr. Shapiro directed the World Museums
and Economic Development project. The resource materials resulting from the project
are available on the website of the World Intellectual Property Organization (WIPO).
Dr. Shapiro has written extensively and lectured widely on a broad range of legal and
cultural topics. He is the co-author of A Museum Guide to Copyright and Trademark (1999),
the editor of The Museum: A Reference Guide (1990), a contributing author to
Copyrights Role in Economic and Social Development (2001) and to International
Intellectual Property: the European Community and Eastern Europe (1992). Dr. Shapiro
earned the Ph.D. in American Civilization from Brown University and the JD from the George
Washington University Law School.
Honorable Rany L. Simms
Administrative Trademark Judge, Trademark Trial and Appeal Board (TTAB)
U.S. Patent and Trademark Office
Rany L. Simms is an Administrative Trademark Judge with the Trademark Trial and Appeal
Board. He received a B.A. degree from the University of Illinois, Champaign-Urbana, in
1969 and his J.D. in 1972 from the University of Illinois College of Law. He first joined
the U.S. Patent and Trademark Office in 1972 as a Trademark Examining Attorney, and worked
for the Board as an Interlocutory Attorney from 1975 until 1980. He became an Acting
Member of the Board in 1980 and has been an Administrative Trademark Judge (formerly
called Member) since 1981. He has written numerous articles for the Trademark Reporter
(published by the International Trademark Association) and has spoken on a number of
occasions about practice before the Trademark Trial and Appeal Board. He is admitted to
practice in the state of Maryland.
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