| Intellectual Property Law, Policy and
Administration Workshops
Government Workshop
on Intellectual Property
and the Bi-Lateral Trade Agreement
Agenda, Speaker
Biographies and Materials
New World Hotel
Ho Chi Minh City, Vietnam
October 17-18, 2002
| Day One
|
| 7:30 |
Registration
|
| 8:00 |
Opening Remarks
Emi Lynn Yamauchi, U.S. Consul General
Vu Khac Trai, NOIP
Hoang Van Tan, Deputy Director, NOIP
Phan Minh Tan, Deputy Director General, Dept. of Science, Technology and the Environment,
HCMC
Tran Quoc Khanh, Director, International Division, NOIP
|
| 8:30 |
A Knowledge and Intellectual Property-Based World Economy
Dynamics of knowledge-based world economy; global patterns of knowledge, technology, and
information diffusion; internationalization of intellectual property law. Role of
intellectual property in fostering technological innovation, knowledge transfer, and
cultural expression.
Hon. Bruce Lehman, International Intellectual
Property Institute (IIPI)
|
| 9:30 |
International Framework for Intellectual Property: the BTA, TRIPS
and their underlying Conventions
Hank Baker, STAR-Vietnam
|
| 10:15 |
Morning Break
|
| 10:30 |
Panel: Patents, Trade Secrets, and Technological Innovation and
the Transfer of Technology
Hon. Randell Rader, Circuit Judge, Court of
Appeals for the Federal Circuit (CAFC)
Le Hoai Duong, Le & Le,
Vu Khac Trai, NOIP
Fred Burke, Baker & McKenzie
|
| 11:30 |
Lunch
|
| 13:00 |
Trademarks and Consumer Brand Awareness
Trademarks, good will, and brand awareness; trade dress; examination and registration;
distinctiveness; usage and strength of rights; confusion and infringement in the
marketplace; well known marks; dilution and genericness. Securing trademark rights in the
U.S.
Hon. Rany Simms, Administrative Trademark Judge,
Trademark Trial and Appeal Board (TTAB)
|
| 14:30 |
Panel: Copyright Law and Policy
Copyright and the economics of cultural and informational products; originality test;
idea/expression dichotomy; fair use doctrine; substantial similarity and infringement.
Peter Fowler, USPTO
Do Khac Chien, MOCI, Copyright Office of Vietnam (COV)
Hank Baker, STAR
|
| 15:30 |
Afternoon Break
|
| 15:45 |
Panel: Copyright and Informational and Cultural Products - Their
Creation and Protection
Peter Fowler, USPTO
Do Khac Chien, COV
Paul Norris, Baker and McKenzie
|
| Day Two
|
| 8:00 |
Administrative Review of Agency Actions; Judicial Review of TTAB
Decisions
Discussion of the policies and procedures related to administrative appeals of trademark
office actions and the further review by the judiciary branch.
Judge Simms, TTAB
Judge Rader, CAFC
|
| 9:15 |
The Courts vs. Administrative Bodies for enforcing IPR: the Role
of Specialized Courts
The Role of the Judiciary in the protection of IP under the BTA/TRIPS.
The use of administrative penalties for infringement. Overview of
specialized IP Courts. Judge Rader, CAFC
Judge Simms, TTAB
|
| 10:30 |
Tea Break
|
| 10:45 |
Panel: IP Protection and Enforcement in Vietnam: Concerns of the
Business Community
Hank Baker, STAR
Patrick Lurem
Paul Norris, Baker & McKenzie
|
| 11:30 |
Lunch
|
| 13:00 |
Remedies for Infringement: Monetary Damages, Preliminary and
Permanent Injunctive Relief, Customs Border Procedures and Criminal Prosecutions
Discussion of various civil remedies as well as customs procedures and
criminal prosecutions as indispensable tools for obtaining WTO/TRIPS
compliant IP protection.
Peter Fowler, USPTO
Judge Rader, CAFC
Hon. Vichai Ariyanantuka, Judge, Central
Intellectual Property & International Trade Court, Thailand
|
| 15:00 |
Afternoon Break
|
| 15:15 |
US Trade Remedies for Ineffective IP Protection
Discussion of the law and related procedures by which the U.S. monitors and sanctions
countries for failure to provide adequate and effective intellectual property protection
and by which US domestic industries can obtain relief for unfair practices in import
trade.
Peter Fowler, USPTO
Alex Koff, Paul, Hastings
|
| 16:15 |
Q & A and Closing Comments
|
Speaker Biographies |
The 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.
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.
Honorable Randall R. Rader
Circuit Judge, United States Court of Appeals for the Federal Circuit (CAFC)
Randall R. Rader is a Circuit Judge on the United States Court of Appeals for the Federal
Circuit. He was born on April 21, 1949, in Hastings, Nebraska, son of Raymond A. Rader and
Gloria R. Smith. 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. While a federal trial judge, he became the first
Claims Court judge ever appointed by the Chief Justice of the United States to a committee
of the Judicial Conference. 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. From
1993-1999, he taught Patent Law I and Patent Law 11 at the University of Virginia School
of Law, Charlottesville, Virginia; from 1998-99 Comparative Patent Law at Georgetown
University Law Center, Washington, D.C.; and from 1993-97 Trial Advocacy at the George
Washington University Law School, Washington, D.C. Currently Judge Rader teaches several
general and specialized intellectual property law courses at George Washington University.
In addition, he serves on advisory boards affiliated with three law schools. Judge Rader
is co-author of a casebook, Patent Law, West Publishing, 1998 - a text used at over 45 law
schools. As an appellate judge, Judge Rader has also led or participated in twenty-six
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).
While counsel to the Judiciary Committee, he was Chief Counsel or Minority Chief Counsel
for the Subcommittee on the Constitution and the Subcommittee on Patents, Trademarks, and
Copyrights.
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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