6-8 June, 2010, Budapest, Hungary Venue: Budapest Marriott Hotel

CONFERENCE PROGRAM

DETAILED PROGRAM

SUNDAY, 6 JUNE, 2010
18:00–20:00 Welcome Reception
(sponsored by the Hungarian Patent Office)
Buda Room (Mezzanine Level)
20:00–21:00 Concert performed
by Franz Liszt Chamber Orchestra
(sponsored by Danubia Patent & Law Office)
Pest Room (Mezzanine Level)

Concert Program:
Antonio Vivaldi: Violin Concert in A-minor for Two Violins
Antonio Vivaldi: Violin Concert in H-minor for Four Violins
Franz Liszt - Peter Wolf: Hungarian Rhapsody No. 2
Béla Bartók: Romanian Dances
MONDAY, 7 JUNE, 2010
09:15-09:20 Opening of the Conference
Pest Room (Mezzanine Level)
Michael Lantos, President of LES Hungary and Chair of the Organizing Committee, Managing Partner, Danubia Patent & Law Office, Budapest, Hungary
  Plenary Session
Pest Room (Mezzanine Level)
09:20-09:45 Greetings by Licensing Society International and Presentation on Open Innovation
Mr. Patrick O’Reilley, President of LES International, Washington DC, U.S.A.
09:45-10:05 Greetings by the Hungarian Patent Office, Technology Transfer – a Fuel for Innovation
Dr. Miklós Bendzsel, President of the Hungarian Patent Office, Budapest, Hungary
10:05-10:30 Research, Innovation and Licensing, Specific European Ways and Solutions
Mr. Henrik Morgen, KICs Project Manager, European Institute of Innovation and Technology, Budapest, Hungary
10:30-11:00 Networking Coffee Break
  Plenary Session Continued
Pest Room (Mezzanine Level)
11:00-11:30 Presentation by Mr. Benoît Battistelli
President Elect of the European Patent Office, France
11:30-12:00 Trademark and Design Rights within the EU, Significance of Licensing Rights
Mr. José Maurício, Director of Patents, Trademarks and Designs in the Portuguese IP Office
12:00-12:30 Inventing, Innovation. Licensing and Marketing: Experience from First Hand
Mr. Ernő Rubik, Inventor, President of Rubik’s Studio, Budapest, Hungary
12:30-13:30 Lunch
13:30-15:00 Parallel Session, Unit A
Pest Room (Mezzanine Level)
  The Latest Case – Decisions Affecting Patent Licensing
  Dr. Clemens Tobias Steins, LL.M., Attorney-at-Law of HOFFMANN・EITLE, Munich, Germany
  Mr. Junichi Yamazaki, Attorney-at-Law, Patent Attorney, Partner of Miyake & Yamazaki, Tokyo, Japan
  Mr. Steven P. Weihrouch, Attorney-at-Law, Board Member and Partner of OBLON, SPIVAK, McCLELLAND, MAIER & NEUSTADT, L.L.P., Alexandria, Virginia, U.S.A.

On the basis of recent case law of courts in the EU, Japan and the USA, the workshop will discuss the consequences for drafting patent license agreements.
The introduced decisions will comprise:
  • for the EU, cases on a mismatch between a license agreement's definition of Licensed Products and the patent claims (decisions of the England and Wales Court of Appeal and the German Federal Court of Justice) and of the differences between a license and a covenant not to sue with regard to succession protection (recent decision of the German patent infringement court RC Mannheim); and
  • for Japan, a series of decisions on inventive step and a recent decision on equivalent infringement, as well as a series of decisions in favor of innovative pharmaceutical companies on the extension of patent term for medicinal products;
  • as well as recent decisions of US courts
    		•
    13:30-15:00 Parallel Session, Unit B
    Corso A&B Room     (Ground Floor)
      Trademarks and Licensing, Different Approaches within the EU
      Dr. Roman MT Cholij, Trademark Attorney, Cam Trade Marks & IP Services, Cambridge, United Kingdom

    “Use of other people’s trademarks in commerce– what does the law allow?”  Licence terms and trade mark infringement following the Copad case. Issues and problems of comparative advertising. How are these issues solved under Swiss jurisdiction?
    Basic Contract Law in Trademark License Agreements, identifying the requirements for a valid contract, the structure of a license (Introduction, Definition, Grant, Royalties, Representation and Warranties, Term and Termination, Assignment and Transfer, Miscellaneous Terms). Quality control, trademark usage, termination and enforcement.
      Dr. Felix Grether, Attorney at Law, Partner, EBD Attorneys-at-Law, Zurich, Switzerland
      Dr. Wolfgang Festl-Wietek, Attorney at Law, Partner, Viering JHentschura & Partners, Munich, Germany
      Dr. Marilena Garis, Trademark Attorney, Metroconsult, Turin, Italy
    15:00-15:30 Networking Coffee Break
    15:30-17:00 Parallel Session, Unit C
    Pest Room     (Mezzanine Level)
      Standardization, Essential Patents, Antitrust Issues and Patent Pools
    Moderator: Mr. Roberto Dini, CEO of Metroconsult, Turin, Italy
      Standardization Problems in Dealing with Patent Issues
    Mr. Carter Eltzroth, Legal Director, Digital Video Broadcasting (DVB) Project
      Evaluation of Essential Patents
    Mr. Klaus Goeken, Partner, Eisenführ, Speiser & Partner, Bremen, Germany
      Antitrust Issues Relating to Patents Covering Parts of an International Standard
    Mr. Marcus Grosch, Partner, Allen & Overy LLP
    New Speaker (Last Minute Change) Mr. Johannes Bukow
      The Creation and Management of Patent Pools
    Mr. Giustino de Sanctis, Director of Licensing, Sisvel, Turin, Italy

    Technology is becoming increasingly more sophisticated, especially in the technical field of consumer electronics.
    Standardization is needed for having interoperability between different devices.
    Several patents belonging to different patent owners are now present within a single standardized technology.
    The consequence of it are:
  • To avoid “patent ambushes”
  • To identify essential patents to a certain standardized technology
  • To avoid distortion on the relevant market
  • To avoid royalty stacking
    		•
    15:30-17:00 Parallel Session, Unit D
    Corso A&B Room     (Ground Floor)
      The Latest Case-Decisions Affecting Trademark Licensing
      Ms. Angela Wenninger, Attorney-at-Law of HOFFMANN・EITLE, Munich, Germany

    Potential effects of a license agreement on the exhaustion of the right of a trademark proprietor: The COPAD and the DIESEL cases.
      Mr. Yasuhito Suzuki, Japanese Patent Attorney, of ABE, IKUBO & KATAYAMA, Tokyo, Japan

    "Cancellation of Trademark Registration due to Improper Use of a Licensed Trademark by a Licensee" under Article 53 of the Japanese Trademark Law. The first case study is on the mark "BRIDE" for car seats, while the second case is on the mark "EVEPAIN" for pain killers.
      Mr. Jonathan Hudis, Partner of OBLON, SPIVAK, McCLELLAND, MAIER & NEUSTADT, L.L.P., Alexandria, Virginia, U.S.A

    Trademark Licensing Best Practices in the United States
  • Exercising at Least Minimum Quality Control
  • Too Much Control/The Unintended Franchise
  • Licensor/Licensee Tort Liability
  • Licensee Estoppel
  • Standing to Bring Actions for Infringement
  • Former Licensees
  • Bankruptcy Concerns
    		•
    20:00-24:00 Gala Dinner at Gundel Restaurant
    1146, Budapest Állatkerti út 2.
    Bus transfer will be provided at 19:30 from Budapest Marriott Hotel.
    TUESDAY, 8 JUNE, 2010
    09:00-10:30 Plenary Session, Unit E
    Pest Room     (Mezzanine Level)
      Licensing and Technology Transfer in an Open Innovation Environment
      Dr. Paul Germeraad, President, Intellectual Assets, Inc. Saratoga, California, U.S.A.
      Dr. Robert Harrison, Patent Attorney, 24IP LAW GROUP, SONNENBERG FORTMANN Patent- & Rechtsanwälte, Munich, Germany
      Mr. Jeong Joong Kim, Vice President, Licensing Gr. IP Center of LGE, Seoul, Korea
    Last Minute Cancellation
      Mr. Guy Proulx, Managing Director, Transpacific IP Singapore, Taiwan, Hong Kong, China
    Last Minute Cancellation
    10:30-11:00 Networking Coffee Break
    11:00-12:30 Parallel Session, Unit F
    Pest Room (Mezzanine Level)
      The New Global Infrastructure for Technology Transfer
      Mr. Art Nutter, CEO of TAEUS Corporation, Colorado Springs, Colorado, U.S.A.
      Mr. François Jamet, Director of Intellectual Property and Licensing, France Telecom-Orange
      Mr. Alfred Chaouat, Senior Vice President Licensing, Technicolor (formerly Thomson), President of LES France, Boulogne, France
    11:00-12:30 Parallel Session, Unit G
    Corso A&B Room (Ground Floor)
      Patent Infringement Inland - Boundaries of the Territory Principle
      Mr. Johannes Heselberger, German and European Patent Attorney, Bardehle, Pagenberg, Dost, Altenburg, Geissler, Patent Attorneys, Munich, Germany (Speaker & Moderator)
      Mr. Giovanni Francesco Casucci, LLM. Partner, Casucci Studio Legale, Milan, Italy
      Mr. Tim Powel, Solicitor, Partner, Powell, Gilbert LLP London, United Kingdom
    12:30-13:30 Lunch
    13:30-15:00 Parallel Session, Unit H
    Pest Room (Mezzanine Level)
      License, or Else … ! Compulsory Licenses in Europe and the US with a Focus on Life Sciences
      Mr. Jan Krauss, German and European Patent Attorney, Partner, Boehmert & Boehmert, FORRESTER & BOEHMERT, Berlin, Germany

    Although the instrument of compulsory licenses has long been around in many jurisdictions world-wide, until today the number of actually granted compulsory licenses is rather low. Nevertheless, many say that there are overly broad patents, in particular in the field of life-sciences. Also, more or less „silent“ amendments of the laws directed at compulsory licenses require us to take another look at the “evil twin” of licensing. This talk will provide a summary regarding the catalogue of compulsory licensing measures, and try to provide an outlook as to the relevance thereof.
      Mr. Bob Stembridge, IP Expert & Thomson Reuters, London, United Kingdom

    Information sources and strategies for compulsory licensing information: Despite the importance of compulsory licenses, information about what provisions are in place in which jurisdictions and examples of how these have been implemented in practice is not always easy to come by. This talk will review possible sources and strategies for establishing the situation with respect to compulsory licenses.
      Dr. Lukas Pfister, Executive Director, European Public Policy, MSD (Europe) Ltd., Brussels, Belgium

    By granting exclusive rights, intellectual property provides both the incentive and the entitlement for innovators to use theirs rights in the way that best preserves the value of their property. Intellectual property laws recognize the inherent risk associated with granting such exclusive rights by placing some constraints on those rights, such as the possibility to "compulsory license" them. While used extremely rarely and generally in the most extraordinary conditions, global intellectual property debates have turned their attention on compulsory licensing as a potential simplistic policy to increase access to medicines. These debates often look less at real causes of insufficient access to therapies. North/South trade and diplomatic interests mix with public health, protectionism, import substitution and technology transfer considerations. The generalization of compulsory licensing of pharmaceutical intellectual property rights, directly or through open threats of compulsory licensing to secure lower prices, is a policy that undermines innovative activity particularly in those countries or for those diseases that predominantly affect their own populations. The global community will need to increasingly be able to count on the engagement by middle income countries and their contribution to research and development. Innovation friendly IP policies in emerging markets will need to help unleash their significant innovation potential. 
    13:30-15:00 Parallel Session, Unit I
    Corso A&B Room (Ground Floor)
      University-Industry Co-operation in Hungary
      Capturing the Regional Economic Benefits of University Intellectual Property
    Ms. Renata Fölk, Licensing Executive, DA-RIÜ, Szeged, Hungary
    New Speaker (Last Minute Change) Dr. Ákos Bartha
      Business Model of the University TTO via a Case Study
    Dr. István Molnár, Director & Patent Attorney, BIOPOLISZ Ltd. Szeged, Hungary
    13:30-15:00 Parallel Session, Unit J
    Margit A&B Room     (Mezzanine Level)
      Train the Trainer part 1
    (only for those who completed an IAM 100 or similar course)
      Dr. Paul Germeraad, President, Intellectual Assets, Inc. Saratoga, California, U.S.A.
      Dr. Hayley French, Senior Legal Counsel, Novartis Pharma AG., Basel, Switzerland
      Mr. Alan Lewis, Patent Attorney, Partner, Adams & Adams, Johannesburg, South Africa, and President elect of LESI
    15:00-15:30 Networking Coffee Break
    15:30-17:00 Parallel Session, Unit K
    Pest Room (Mezzanine Level)
      Problems of SPC Protection
      Dr. Andras Kupecz, European Patent Attorney, Simmons & Simmons, London, United Kingdom
      Mr. Andy Brown, CEE IP Director, TEVA Pharmaceuticals, Stockport, United Kingdom
      Mr. Gez Cross, Content Specialist, Thomson Reuters, London, United Kingdom

      Dr. Árpád Pethő, Hungarian and European Patent Attorney, Partner, Danubia Patent & Law Office, Budapest, Hungary

    Supplementary Protection Certificates (SPCs) may be obtained in the EU for lengthening the patent protection of medicinal and plant protection products the marketing of which is bound to the possession of special marketing authorizations (MAs) the obtainment of which often takes several years. An SPC may lengthen the duration of protection of the patented product by up to 5 years but the scope of an SPC is in most cases significantly different from that of the concerning patent. The presentations in this panel will shortly deal with the basics of the SPC system and mostly with interesting court cases helping the audience in getting a better understanding on how the SPC system might be effectively used in lengthening valuable monopoly rights and will also highlight the limitations of the system and specific stumbling-blocks to avoid.

    1) „What does your SPC really cover - what is the "claim" scope of an SPC?”
  • briefly setting the scene on a very basic level (what is an SPC, summing up the requirements, what is the duration, what can you do with an SPC, etc.)
  • the problems with interpreting the scope of an SPC, with some examples
  • court cases dealing with the real scope of protection of certain SPCs

    2) „Using your SPC as a strategic licensing tool”
  • discuss the recent ECJ AHP case, i.e. multiple patentees can have more than one SPC for the same product;
  • discuss general strengths/weaknesses of SPC validity so as to be able to enter licensing negotiations with the strongest possible SPC;
  • general strategies to convey pressure (i.e. very briefly discuss preliminary measures, border detentions etc).

    3) “Key issues in choosing the basic patent for your Pediatric Extension or your SPC for a Drug Combination”
  • court cases dealing with combination issues
  • pediatric extensions and zero term SPCs (also interesting from a licensing point of view);
  • key issues in choosing the "basic patent"
    		•
    15:30-17:00 Parallel Session, Unit L
    Corso A&B Room     (Ground Floor)
      Key Innovation Case Studies from Hungary
      The Story of Translucent Concrete, Fight, Court Decision, Reconciliation and Licensing
    Mr. Áron Losonczi, Architect and Inventor, Director, Litracon Kft., Csongrád, Hungary

    Translucent concrete and the technology of an efficient manufacturing was invented by Mr. Losonczi in 2003. In 2004 he conducted licensee negotiations with Heidelberg Cement AG for potentially licensing them the technology which he showed them without signing a secrecy agreement. After a short break the company informed him that they were not interested in the technology.
    In the meantime Mr. Losonczi built his company, Litracon Kft. and exported his product to prestigious foreign customers, including a lice new monument in St. Louis, U.S.A. Heidelberg Cement AG appeared in the market shortly after the rejection of co-operation with Mr. Losonczi and introduced the new translucent concrete as the result of their own research.
    In 2007-2008 Losonczi derived a German utility model from his then pending EP patent application, initiated a lawsuit against HeidelbergCement AG and won the proceeding, the illegal activity was given up. The EP patent was granted, but there is an ongoing opposition filed by a third party.
    Shortly thereafter he concluded a worldwide exclusive license agreement with the Austrian Luccon AG, so that he retained right for selling his products under the Litracon brand. Mr. Losonczi has developed since then an improved and cheaper technology for a different kind of translucent concrete and has just appeared on the market with this new product.

    Introduction of the new SFUMATO sound system, a new approach to high end sound reproduction
    Mr. András Fazakas, Electric Engineer, Budapest, Hungary

    Mr. Fazakas, holder of over 110 patents and patent applications has devised new ways concerning interconnection of loudspeakers by a novel advanced crossover filter system, internal and outer design of loudspeaker boxes to integrate them into a single acoustic system and has successfully eliminated almost all technical limitations coming from high dynamics ranging over 90-100 dB (according to authentic sources: probably the best sound impression available). By his new approach a surprisingly clear sound is obtained, and the presentation will demonstrate this to the audience, including Mr. Fazakas’ struggles for having this system accepted by high end professionals and sound fidelity lovers. The system is open for being licensed and introduced into the world market. This presentation will demonstrate an early phase innovation project, which has arrived into a perfect realization but it is in need of commercialization e.g. by means of technology transfer.
    15:30-17:00 Parallel Session, Unit M
    Margit A&B Room     (Mezzanine Level)
      Train the Trainer part 2
    (only for those who completed an IAM 100 or similar course)
      Dr. Paul Germeraad, President, Intellectual Assets Inc. Saratoga, California, U.S.A.
      Dr. Hayley French, Senior Legal Counsel, Novartis Pharma AG., Basel, Switzerland
      Mr. Alan Lewis, Patent Attorney, Partner, Adams & Adams, Johannesburg, South Africa, and President elect of LESI

    Further Supporters of the Conference