IIPI - International Intellectual Property Institute


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United States

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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