Intellectual Property for Solicitors - 2010 Update
Course Date: November 9, 2010
Course Date: November 9, 2010
Welcome and Introduction
Bradley J. Freedman — Borden Ladner Gervais LLP, Vancouver
Intellectual Property—A Primer
- comparisons and contrasts: patent, trade-mark, copyright, and trade secrets
- how created
- length of existence
- scope of protection offered
- strengths and weaknesses
- default rules of ownership upon creation of IP
Jennifer Brough — Bull, Housser & Tupper LLP, Vancouver
Networking Break
Non-disclosure Agreements and Confidentiality Provisions in Commercial IP Agreements
- the role of non-disclosure agreements in commercial transactions—when do you need one?
- what is “confidential information”?
- the obligation of confidence—what does it really mean?
- remedies for breach of confidentiality obligations
- beware the “standard form” confidentiality clause or non-disclosure agreement
- the impact of freedom of information legislation on non-disclosure agreements signed by public bodies
- advising your client on developing internal processes to ensure compliance with non-disclosure obligations to third parties
Brock H. Smith — Clark Wilson LLP, Vancouver
Acquiring and Protecting Intellectual Property in an Ongoing Business
- why intangible assets are the core value of almost every business
- why an IP strategy is essential to all clients
- value that clients might be losing and potential risks that clients are exposed to—and probably don’t know it!
- brand related issues
- demystifying some IT topics that affect most clients
Matthew D. Peters — McCarthy Tetrault LLP, Vancouver
Lunch (on your own)
Intellectual Property in a Large Transaction
- representations, warranties, and indemnities
- due diligence
Douglas G. Copland — Borden Ladner Gervais LLP, Vancouver
Technology Transactions: Key Issues
- negotiation objectives and strategies
- some key provisions—definitions, licence grant, specifications, and schedules
- proprietary rights
- risk allocation—indemnities, limitations/exclusions, and other remedies
- post term rights and obligations
Bradley J. Freedman — Borden Ladner Gervais LLP, Vancouver
Networking Break
Taxation Issues
- acquisition and development
- sale and exploitation (including international transactions)
- know-how
- software
Luke Mlynarczyk — Blake, Cassels & Graydon LLP, Vancouver