Colloquium on National and International Remedies - Paris, France // 26-28 June 2013

The Protection of Confidentiality of IP advice (PCIPA) is being debated in various fora, including WIPO, and as a part of the implementation of the new Unitary Patent system in Europe.  FICPI, AIPPI, and AIPLA have joined forces to organize a Colloquium in Paris to assist the governments of representative industrialized nations in developing a model framework for international solutions for PCIPA. 

Speakers include Judge Timothy B. Dyk of the US Court of Appeals for the Federal Circuit; Professor John Cross of the University of Louisville; representatives of the governments of Australia, Germany, Japan, Switzerland, and the USA; and Kevin Mooney, Chairman of the Drafting Committee of the Rules of Procedure of the EU Unitary Court. 

The Colloquium will be held at the Hotel Lutetia near the Musée d’Orsay on the left bank, with a dinner on the Thursday evening at the nearby superb restaurant La Maison des Polytechniciens (www.masiondesx.com).

The Colloquium has to date been by invitation only, but registration has now been opened to fill the few remaining places on a first-come, first-serve basis.  To register, please apply to Bastiaan Koster, c/o Rebecca.Sandland@ficpi.org.  A summary of the programme appears below. 

The full program can be found at www.ficpi.org. You can access the colloquium documents by clicking here for the primer; here for the promotional program; and here for the registration materials

Wednesday, 26 June 2103

Opening Cocktail Reception, Hotel Lutetia

Thursday 27 June 2013

Morning Session – Moderator: Bastiaan Koster, President of FICPI, South Africa

Welcome, Outline of Agenda, and Introduction

• AIPLA – Jeff Lewis, President and President of AIPPI US
• AIPPI – John Bochnovic, President
• FICPI – Danny Huntington, President of Honour

I.    Primer and Proposed AIPPI Solution

• Michael Dowling, Co Chairman AIPPI's Q199 (PCIPA), Australian Lawyer, Specialist in IP litigation

II.    Remedies and Goals for the Colloquium

• AIPLA – David Hill, also Member for US on AIPPI Committee Q199 – PCIPA
• FICPI – Bill Schuurman, Member of CET Litigation Group

III.    Reaction to and comments on the AIPPI proposed solution

• Professor John Cross, Professor of Law, University of Louisville

IV.    Open discussion on the AIPPI proposed solution

• The protection and issues arising from discovery in common law nations – comments by government representatives of USA and Australia, and by an industrial representative of Canada and UK.

V.    USA

• Bernard Knight, General Counsel, USPTO

VI.    United Kingdom

• James Tumbridge, Counsel, Gowlings, Member of AIPPI Q199 (PCIPA)

VII.    Canada

• Jeffrey Astle, Intellectual Property Counsel, Pratt & Whitney Canada Corp.

VIII.    Australia

• Fatima Beattie, Deputy Director General of IP Australia, Commissioner of Patents and Registrar of Trade Marks

Afternoon Session – Moderator: Q. Todd Dickinson, Executive Director of AIPLA

The protection and issues arising from the protection in civil law nations including how discovery in the common law countries actually and potentially affects the civil law countries – comments by government or other representatives of Switzerland, Germany, France, The Netherlands, and Japan.

IX.    Switzerland

• Pascal Fehlbaum, Head, Legal Services Patents and Designs, Swiss Federal Institute of Intellectual Property

X.    Germany

• Hubertus Schacht, M.A., Ministerial Councillor, Federal Ministry of Justice, Department III BIV – Patent and Utility Model Law

XI.    France

• François Pochart, French Lawyer specializing in IP litigation, August & Debouzy, Member of UNION's Patent Commission

XII.    The Netherlands

• Wouter Pors, Partner, Advocate, Bird & Bird, Member of AIPPI Q199 (PCIPA)

XIII.    Japan

• Kenzo Yoneda, Director, Personnel Division, General Affairs Department, Japan Patent Office

XIV.   Discussion on national positions; the way forward. - Discussion Leaders:

• AIPLA – David Hill, (also Member for US on AIPPI Committee Q199 – PCIPA)
• AIPPI – Steven Garland, Chairman of AIPPI's Q199 (PCIPA)
• FICPI – Eric Le Forestier, President of CET, FICPI International  

Friday 28 June 2013

Morning Session – Moderator: Stephan Freischem, Secretary General of AIPPI

XV.    EU Unitary Court proposals: the treatment of PCIPA which is proposed

• Kevin Mooney, Chairman of the Drafting Committee of the Rules of Procedure of the EU Unitary Court, UK lawyer and specialist in IP litigation

XVI. Part 1    Outcome and review on harmonisation and implementation

• Judge Timothy B. Dyk, Circuit Judge, United States Court of Appeals for the Federal Circuit
• Professor Cross
• Pierre Veron, Member of the Drafting Committee of the Rules of Procedure of the EU Unitary Court, French lawyer and specialist in IP litigation

XVII. Part 2    Recommendations and Communique. Discussion Leaders:

• AIPLA – Jeff Lewis, President and President of AIPPI US
• AIPPI – Steven Garland, Chairman of AIPPI's Q199 (PCIPA)
• FICPI – Greg Chambers, Member of CET Litigation Group – FICPI International