Program

Termination and Renewal Rights in License Agreements

Learn key aspects of termination and renewal rights in patent and trademark licenses and related contracts and how new implied duties of good faith in contract performance affect termination and renewal rights. It can be harder than it looks to terminate a contract in Canada! In this workshop you will learn to write clauses with guidance from expert practitioners and know how to avoid common mistakes in the preparation of termination and renewal clauses in license agreements.

The workshop includes hands-on drafting exercises in class.

Bradley Limpert Limpert & Associates (Toronto)
Jason Hynes Bereskin & Parr LLP (Kitchener)

Pre-registration required / Limited seating
Additional fee applicable – Member: $99 + HST / Non Member: $199 + HST  

Preparing Your Expert Witness for Cross-Examination

Preparing an expert witness for cross-examination is a critical aspect of ensuring their testimony effectively supports your case. In this workshop you will learn how to prepare an expert witness, how to ensure they fully understand the case, how to manage their expectations, and how to avoid your expert imploding at the hearing.

The workshop will feature a mock interview with an expert witness and a mock cross-examination of your own expert.

Carol Hitchman Sprigings Intellectual Property Law (Toronto)
Patrick Smith Seastone IP (Calgary)

Pre-registration required / Limited Seating
Additional fee applicable – Member: $99 + HST / Non Member: $199 + HST  

Gold Sponsor: 

Join us for this year’s Welcome Reception and reconnect with old friends and colleagues as well as foster new connections.

Pre-registration required. Dress code: business casual

Gold Sponsor:

Paula Clancy Gowling WLG (Canada) LLP (Ottawa) / IPIC President
Barry Fong Osler, Hoskin & Harcourt LLP (Ottawa) / Chair, Conference Committee
 

The AI Economy – How Recent Advancements in AI Technology Can Shape the Future of Global Economy

Harshita Bhatnagar Senior Corporate Counsel, Microsoft Canada Inc. (Toronto)
Moderator: Barry Fong Osler, Hoskin & Harcourt LLP (Ottawa)  

Inside the IP Chambers – A Federal Court Fireside Chat

A look inside the IP Chambers… what are the current challenges and triumphs in case management and trial management? What could be done differently in trial motion practice? In discovery, what are the pressing roadblocks and possible resolutions? Explore issues and trends impacting IP practitioners and judicial officers in the Federal Court and learn tips and tricks from the bench in this fireside chat.

The Honourable Richard F. Southcott Federal Court (Ottawa)
Associate Judge L.E. Trent Horne Federal Court (Ottawa)
Moderator: Jordana Sanft Lenczner Slaght LLP (Toronto)  

Injunctions: The Good, the Bad and the Ugly

Injunctive relief is a mainstay of IP litigation, but its scope and availability are continually changing. Learn the latest decisions on interlocutory and permanent injunctions across patent, trademark, and copyright practice, with a focus on how courts are handling emerging policy considerations and crafting novel remedies to address the modern realities of alleged and actual IP infringement.

Brian Daley Norton Rose Fulbright Canada LLP (Montréal)
Faylene Lunn Osler, Hoskin & Harcourt LLP (Ottawa)
Karen MacDonald Cassels Brock & Blackwell LLP (Vancouver)
Moderator: Zarya Cynader Gilbert’s LLP (Toronto) 

The following IP Roundtables qualify for one hour of Ethics/Professionalism:

■   Pathways into the IP Profession
■   EDI in Recruitment & Retention
■   Indigenous IP Issues
■   Wellbeing of the IP Practitioner
■   Women in IP
■   Working Effectively with Internal Clients (Reserved for In-House Counsel)

** Pre-registration required. 

Patentability of Computer-Implemented Inventions – Where Are We Post-Benjamin Moore?

In July 2023, the Federal Court of Appeal rejected the Federal Court’s proposed framework for assessing eligibility of computer-implemented inventions and sent Benjamin Moore’s patent application back to CIPO for redetermination of patentability. In doing so, the FCA considered not only Canadian case law relating to the definition of “invention,” but also U.S. and Australian jurisprudence. Panelists will discuss the subsequent impact of the FCA’s decision on counsel and clients.

Julie Desrosiers Fasken Martineau DuMoulin LLP (Montréal)
James Hinton Own Innovation (Kitchener) 
Jenna Wilson Wilson Lue LLP (Toronto)
Moderator: Jonathan Giraldi Aitken Klee LLP (Ottawa) 

Anti-Counterfeiting: Offence and Defence

A successful anti-counterfeiting strategy requires a mix of proactive measures to establish defenses and reactive measures to respond to threats. With a panel of Canadian, international, and in-house perspectives, this session will provide attendees with a practical toolkit of anti-counterfeiting solutions to best protect a business’ brand and reputation.

David Lipkus Lipkus Law LLP (Toronto)
Geneviève Prévost Director, Global IP, Molson Coors (Chicago)
Diana Karina Martínez Arochi & Lindner (Mexico City)
Moderator: Emilie Feil-Fraser Seastone IP (Vancouver) 

Inducing Infringement – Is “Skinny Labelling” a Thing of the Past?

“Skinny label” cases traditionally considered the inclusion of a patented use within the “indication” section of a generic/biosimilar drug manufacturer’s product monograph. As patentees may not be able to rely heavily on direct infringement of use claims, the focus was on indirect infringement (inducement). Recent inducing infringement decisions seem to consider product monographs more broadly. This panel discusses how the inducing infringement analysis has evolved and the current state of skinny labelling case law in Canada.

Benjamin Reingold Bennett Jones LLP (Toronto)
David Yi Norton Rose Fulbright Canada LLP (Toronto)
Sarah Burg Foley Hoag LLP (Boston)
Moderator: Kelly Zhang Belmore Neidrauer LLP (Toronto)

Copyright Issues & AI: Navigating the Evolving Legal Challenges of Generative AI

Gold Sponsor: 

Generative artificial intelligence is ubiquitous and provides many benefits, including saving time, streamlining processes, and allowing users to work more efficiently. It also comes with potential legal risks and uncertainty. Panelists will discuss the various evolving legal issues raised by AI in the copyright area.

Carys Craig Osgoode Hall Law School (Toronto)
Catherine Lovrics Marks & Clerk Canada (Toronto)
Dan Jasnow ArentFox Schiff LLP (New York)
Moderator: Arnold Ceballos The Bank of Nova Scotia (Toronto) 

Gold Sponsor:
All delegates welcome. 

Gold Sponsor:  

Join the Patent & Trademark Institute Educational Foundation (PTIEF) for its second annual networking event – an evening of fun St. John’s style! Kick off the evening with a traditional fish and chips dinner and then embark on a lively “Rally in the Alley” adventure along the infamous George Street. Take the opportunity to immerse yourself in the local entertainment, music and dancing at the various venues.

** The Patent & Trademark Institute Educational Foundation (PTIEF) is a registered charity with the objective to promote diversity and inclusion by helping remove barriers to access and offer financial support to deserving individuals from under-represented groups that wish to pursue educational opportunities in the field of IP.

Pre-registration required | Register early as tickets are limited.
Additional fee of $125 plus HST is applicable – proceeds to go to the PTIEF.
Dress code: casual

Gold Sponsor:

CIPO Update

Konstantinos Georgaras Commissioner of Patents, Registrar of Trademarks and CEO, Canadian Intellectual Property Office (Gatineau)
Moderator: Isi Caulder Bereskin & Parr LLP (Toronto) 

College of Patent Agents and Trademark Agents: Update on New Initiatives

A lot has changed since last year. Hear the latest on the development of the College, including the administration of the redesigned qualifying examinations and work on enhancing pathways into the professions.

Juda Strawczynski CEO & Registrar, College of Patent Agents and Trademark Agents
Jen Slabodkin Director of Registration and Education, Deputy Registrar, College of Patent Agents and Trademark Agents
Moderator: Isi Caulder Bereskin & Parr LLP (Toronto) 

Remedies Update: Uncertainty + Math = Trouble?

Curious about what has happened since Dow v. Nova? This panel will dive in and serve as a refresher on recent case law from a remedies perspective. Panelists will discuss topics such as non-infringing alternatives and non-infringing options, apportionment, and incremental versus full cost accounting. They will look into their crystal ball to help shed light on what they think the IP future may hold and what might keep counsel up at night.

Andrew Bernstein Torys LLP (Toronto)
Anita Patel FTI Consulting (Toronto)
Norman Siebrasse University of New Brunswick (Fredericton)
Moderator: Paula Frederick Cohen Hamilton Steger & Co. (Toronto) 

Social Media: Top IP Related Legal Risks

Social media is a necessary tool for businesses to market their products and services and a business on its own for influencers. The speed and popularity of social media can magnify the legal risks associated with posting content online. Learn the top legal risks that businesses and influencers should be attuned to in Canada and the U.S. and get the latest on how to best advise clients in the social media space. 

Sarah Robertson Dorsey & Whitney LLP (New York)
Caroline Jonnaert ROBIC LLP (Montréal)
Moderator: Colleen Stanley Stanley Law (Toronto) 

Patent Office Practice Update

Jeffrey Orser Senior Director of Patent Services and Strategic Affairs, Patent Branch, CIPO (Gatineau)
Scott Vasudev Director, Patent Policy and International Affairs, Patent Branch, CIPO (Gatineau)
Moderator: Dominique Lambert Bereskin & Parr LLP (Montréal) / Chair, IPIC Patent Committee 

Trademarks Office Practice Update

Mesmin Pierre Director General, Trademarks and Industrial Designs Branch, CIPO (Gatineau)
Iyana Goyette Deputy Director, Policy and Legislation, Trademarks and Industrial Designs Branch, CIPO (Gatineau)
Moderator: Chris Hale Chris Hale IP Law (Toronto) / Chair, IPIC Trademark Committee 

Gold Sponsor: 

The following IP Roundtables qualify for one Substantive hour:

■   Lunch with Officials from the Patent Office
■   Lunch with Officials from the Trademarks Office
■   Madrid Filing Procedures & Strategies
■   Technology Transfer & Commercialization of IP
■   Navigating IP Funding Programs
■   IP Litigation Management

** Pre-registration required. 

From Courtroom to Practice: Analyzing Top IP Cases of the Year

A deep dive into the year’s ground-breaking IP cases changing the world of IP. Seasoned practitioners will unpack the most significant rulings of the year in patent, trademark and copyright law and offer insights into how they’re shaping the future of IP law and practice.

Erin Best Stewart McKelvey (St. John’s)
Stephanie Chong Keyser Mason Ball, LLP (Toronto)
Sana Halwani Lenczner Slaght LLP (Toronto)
Moderator: Tamara Ramsey Dale & Lessmann LLP (Toronto) 

Understanding Neurodiversity

Neurodiversity recognizes that all brains function, learn, and process information differently. Learn how a deliberate approach to understanding, supporting, accommodating, and including neurodivergence can have a positive impact in your organization.

Alyssa Gaffen Aitken Klee LLP (Ottawa)
Jason Geary Memorial University of Newfoundland (St. John’s)
Angela Sordi Fasken Martineau DuMoulin LLP  (Toronto)
Moderator: Scott MacKendrick Bereskin & Parr LLP (Toronto) / Chair, IPIC EDI Committee 

Gold Sponsor: 

An IPIC tradition . . . join us for IPIC2024’s closing Gala and enjoy an elegant evening of fine dining celebrating the accomplishments of members of the IP profession with IPIC’s Awards Ceremony, followed by a colourful and theatrical stage show of music, fun and laughter by the Spirit of Newfoundland.

Pre-registration required. Limited seating.
Dress code: black tie recommended