Wednesday, October 10, 2012
16:30 – 19:00 Registration
17:30 – 19:00 Welcome Reception
Thursday, October 11, 2012
7:30 – 16:30 Registration
7:30 – 8:45 Breakfast
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9:00 – 9:10
OPENING REMARKS
Mark Eisen Dimock Stratton LLP (Toronto)
IPIC President
Sanro Zlobec Smart & Biggar / Fetherstonhaugh (Montréal)
Chair, Forums & Seminars Committee
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9:10 – 10:10
KEYNOTE ADDRESS
THE STATE OF IP LITIGATION IN THE UNITED STATES
Chief Judge Randall R. Rader
United States Court of Appeals for the Federal Circuit (Washington, D.C.)
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10:10 – 10:30 Networking Break
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10:30 – 11:30
INTELLECTUAL PROPERTY, INNOVATION AND ECONOMIC PROSPERITY
Moderator
Sanro Zlobec Smart & Biggar / Fetherstonhaugh (Montréal)
Prof. Daniel Gervais
Co-Director, Vanderbilt IP Program, Vanderbilt University Law School (Nashville, Tennessee)
Loudon Owen
Co-Founder and Managing Partner, McLean Watson Capital; Principal, Patent Monetization Inc. (Toronto)
Dr. Suzanne Fortier
President, Natural Sciences and Engineering Research Council of Canada (Ottawa)
- How does one measure innovation?
- What is the link between innovation and economic prosperity?
- To what extent should research be guided by the potential to produce patents?
- What is the impact to Canadians of ever-increasing foreign ownership of Canadian-made innovation and IP?
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11:30 – 12:00
CIPO UPDATE
Sylvain Laporte Commissioner of Patents, Registrar of Trade-marks and CEO, CIPO
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12:00 – 13:30
LUNCH AND AGM
Lunch sponsored by:
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13:30 – 14:30
IDENTIFYING AND MANAGING CONFLICTS OF INTEREST ARISING
IN IP MATTERS - ETHICS
Moderator
Mala Joshi Ridout & Maybee LLP (Toronto)
R. Scott Jolliffe Gowling Lafleur Henderson LLP (Toronto)
Michael D. Manson Smart & Biggar/Fetherstonhaugh (Vancouver)
Michael Erdle Deeth Williams Wall LLP (Toronto)
- What is the current standard and where are we going
- What have the courts said with respect to IP conflicts of interest
- Identifying unique conflicts issues as they relate to IP litigation, prosecution and transactional matters
- Challenges and lessons learned: Small firm/Boutique vs. large firm practice
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14:30 – 14:45 Networking Break
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PATENTS TRADE-MARKS & COPYRIGHT
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14:45 – 15:45
CURRENT ISSUES IN CONSTRUCTION
OF A PATENT
Moderator
Kavita Ramamoorthy Beeser Ramamoorthy LLP (Toronto)
Prof. Norman Siebrasse Faculty of Law, University of New
Brunswick (Fredericton)
Donald H. MacOdrum Bereskin & Parr LLP (Toronto)
- Current issues as to construction of the description: the promise, disclosure regarding sound prediction and other issues
- The doctrine of essential elements of a claim: theory and application
- Trends in recent case law
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14:45 – 15:45
BRAND EXPANSION INTO FOREIGN MARKETS
Moderator
Stephanie Chong Tabrizi Law Office Professional Corporation
(Toronto)
Julianna Fox Senior Counsel, Air Canada (Montréal)
Kim Teraberry Director, Corporate Counsel, Starbucks Coffee
Company (Seattle)
- Challenges facing trade-mark owners in growing beyond local or regional border
- Successful concurrent management of trade-mark issues and marketing issues
- How external trade-marks counsel can help companies implement their brand expansion plans
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15:45 – 16:45
SECONDARY ENTRY BIOLOGICS: THE FUTURE OF MEDICINE - WHAT ABOUT THE FUTURE OF IP?
Moderator
Lesley Rapaport LRR Patent Law (Toronto)
Adrienne M. Blanchard Gowling Lafleur Henderson LLP (Ottawa)
Denise M. Kettelberger Faegre Baker Daniels LLP (Minneapolis)
Anthony Ridgway Senior Regulatory Scientist, Biologics and Genetic Therapies Directorate, Health Canada (Ottawa)
- Status update on Canadian and U.S. legislation, regulations and guidelines regarding subsequent entry (follow-on) biologics (SEBs) and their impact on intellectual property and data-exclusivity protection.
- Key issues which remain uncertain in the application of the SEB regimes in Canada and the United States.
- Insights from Health Canada as to how biologics and SEBs are currently being evaluated for similarity and for listing on the register of innovative drugs.
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15:45 – 16:45
COPYRIGHT IN AN INNOVATIVE CANADA
Moderator
Sundeep Chauhan MPA-Canada (Toronto)
Prof. Giuseppina D’Agostino Founder & Director, IP Osgoode,
Osgoode Hall Law School (Toronto)
Richard Pfohl General Counsel, Music Canada (Toronto)
Lisa Clarkson Executive Director, Business and Rights, Canadian
Broadcasting Corporation (Toronto)
- Challenges of licensing creative content in the digital age
- The impact of Bill C-11 on innovation in Canada
- The Supreme Court of Canada Copyright Pentalogy: what does it mean for stakeholders
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19:00
AN EVENING WITH "THE RETAINERS"
Casual dress
Dance the night away with The Retainers, a local rock band composed of litigators and IP lawyers. IPIC President Mark Eisen and
Chief Judge Randall R. Rader of the United States Court of Appeals for the Federal Circuit will join the band in this one-time event
not to be missed.
Sponsored by:

Friday, October 12, 2012
7:30 – 14:30 Registration
7:30 – 9:00 Breakfast
9:00 – 10:00
UPDATE ON EUROPEAN PATENT AND TRADE-MARK LAW
Moderator
Stephanie Chong Tabrizi Law Office Professional Corporation
(Toronto)
Jennifer Jones Bird & Bird LLP (London, UK)
Carrollanne Lindley Kilburn & Strode LLP (London, UK)
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10:00 – 10:20 Networking Break
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PATENTS TRADE-MARKS & COPYRIGHT
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10:20 – 11:20
PATENT DAMAGES IN CANADA: WHO OWES WHAT TO WHOM AND WHEN?
Moderator
Jordana Sanft Norton Rose Canada LLP (Toronto)
Andrew Harington Managing Director, Duff & Phelps Corp. (Toronto)
J. Sheldon Hamilton Smart & Biggar/Fetherstonhaugh (Toronto)
Jonathan Stainsby Heenan Blaikie LLP (Toronto)
- The state of the law on PMNOC section 8 damages
- Trends in patent infringement damages awards
- To bifurcate or not to bifurcate, that is the question...
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10:20 – 11:20
"FASHION LAW": THE CONVERGENCE OF TRADE-MARKS, COPYRIGHT AND DESIGN
Moderator
Andrea Kokonis SOCAN (Toronto)
Ashlee Froese Gilbert’s LLP (Toronto)
Catherine M. Dennis Brooks Cassels Brock & Blackwell LLP (Toronto)
Amy Frankel Co-General Counsel, Aritzia LP (Vancouver)
- Maximizing your IP rights: Navigating through trade-marks, copyright and industrial design prosecution to protect fashion designs
- Licensing: what form of licensing to use, and negotiating agreements in Canada and world wide
- To enforce or not to enforce: the business rationale of IP enforcement in the fashion industry
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11:20 – 12:20
PATENT OFFICE ROUNDTABLE
Moderator
Serge Shahinian Goudreau Gage Dubuc LLP (Montréal)
Agnès Lajoie Assistant Commissioner of Patents, CIPO
Chris Evans Chair (Acting), Patent Appeal Board, CIPO
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11:20 – 12:20
TRADE-MARKS BRANCH ROUNDTABLE
Moderator
Joanne Nardi Molson Coors Canada (Toronto)
Lisa Power Director General, Trade-marks Branch, CIPO
Darlene Carreau Chairperson, Trade-marks Opposition Board, CIPO |
12:30 – 14:00
IP ROUNDTABLES AND LUNCH
During lunch, take part in roundtables on various IP topics (listed below). As seating is limited, please indicate two preferences when registering. Seats will be assigned on a first-come basis and will be confirmed onsite. Pre-registration is required.
- Update on Domain Name Issues
- Lunch with the Chair of the Patent Appeal Board
- Lunch with the Chair of the Trade-marks Opposition Board
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- Tips for Young Practitioners - ETHICS
- Maintaining Effective Tickler Systems - ETHICS
- File Management from Start to Finish - ETHICS
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Lunch will also be offered to delegates who do not participate in IP Roundtables
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14:00 – 15:00
THE CHANGING LANDSCAPE OF THE IP SERVICES INDUSTRY - ETHICS
Moderator
Arnold Ceballos Pain & Ceballos LLP (Toronto)
Jane Caskey Norton Rose Canada LLP (Toronto)
Karen MacKay President, Phoenix Legal, Inc. (Toronto)
Matthew Dixon Harrison Goddard Foote (London, U.K.)
- client expectations related to fees and disbursements and alternative billing models
- global mergers to public ownership of law firms to "dispersed" or "virtual" law firms: new ways to offer legal services
- practice management: reconciling a prosecution practice with a legal practice
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PATENTS TRADE-MARKS & COPYRIGHT
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15:00 – 16:00
THE AIA ONE YEAR LATER
Moderator
Neil Henderson Borden Ladner Gervais LLP (Mississauga)
Alan Kasper Sughrue Mion, PLLC (Washington, D.C.)
- implementation to date
- elements still to come
- impact of:
- new/changing fees
- continuation/filing "bubble" as March 15, 2013 approaches?
- inter partes review
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15:00 – 16:00
GLOBAL TRENDS IN NON-TRADITIONAL TRADE-MARKS: EXPLORING THE BOUNDARIES
Moderator
Andrea Rutty Ledgley Law (Toronto)
Linda K. McLeod Finnegan, Henderson, Farabow, Garrett &
Dunner, LLP (New York)
Chantal Bertosa Shapiro Cohen (Ottawa)
George Chan Rouse & Co. (Beijing)
- Beyond words and designs, is it still a trade-mark?
- Non-traditional trade-marks as valuable assets
- Registration requirements and hurdles: U.S., Canada, China, Europe
- What's new and coming soon?
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18:30
GALA DINNER
Black tie recommended
You don’t need to go to Las Vegas to see real magic… IPIC brings it to you! Shawn Farquhar, a two–time World champion of magic
awarded by the International Federation of Magic Societies, will be presenting an intimate evening of illusion.
The Gala is also an evening of celebration where new and long standing members of the profession are
honoured. One member will receive an Honorary Membership in recognition of his or her contribution
to the profession. As well, IPIC’s Educational Foundation will present its annual awards. Join us for an
evening of mystery and magic and an opportunity to support your honoured colleagues and the
Educational Foundation.
Sponsored by:

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22:00
DESSERT RECEPTION
Offered by Dimock Stratton and Duff & Phelps
End your evening with a night cap at Dimock Stratton and Duff & Phelps’ dessert reception. Enjoy
cocktails, an array of desserts, cheeses and bites in conversation with colleagues and friends while
continuing to be entertained by magic and illusions.


PROGRAM SUBJECT TO CHANGE.
Program Accreditation
Law Society of Upper Canada
Experienced Members who attend the program as well as an
accredited lunch roundtable can claim 3.25 Professionalism Hours
and 9.5 Substantive Law Hours.
The program has been accredited for a total of 12.75 New
Member Hours (3.25 Professionalism Hours & 9.5 Substantive Law Hours). New Members must attend an accredited lunch roundtable.
Barreau du Québec
The program has been accredited for a maximum of 11.75 hours.
Law Society of British Columbia
The program has been accredited for a maximum of 11.75 hours
including a maximum of 3.25 hours for Professional responsibility & Ethics.
Law Society of Saskatchewan
The program has been accredited for a maximum of 11 hours
including a maximum of 3 hours for Ethics.
Law Society of Manitoba
Manitoba lawyers can claim up to 11.75 hours.
New York State CLE Board
The program is accredited for both newly admitted and
experienced attorneys for a maximum of 11.75 hours, including
a maximum of 3.25 hours for Ethics.
California State Bar
The program is accredited for both newly admitted and
experienced attorneys for a maximum of 11.75 hours, including
a maximum of 3.25 hours for Ethics.
Requests for accreditation in other provinces or states will be considered.
E-mail your request to education@ipic.ca.