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1 Rue de la Loi 81A 1040 Brussels, Belgium Tel: +32 (0) Fax: +32 (0) guidlines for open office export to pdf with letterhead EIRMA/ guidlines for open office export to pdf with letterhead Trade secrets and IP in the Far West and the Far East Are European companies sailing in stormy weather or are on an island of bliss? Special Interest Group on Intellectual Asset Management (SIG-IAM) 16&17 November 2017, Rome, Italy CNR Consiglio Nazionale delle Ricerche Summary In 2017, the two SIG-IAM meetings are focusing on trade secrets and patents with a global view: in June, we explored the situation in the EU about trade secret and unitary patent, as well as the current practice of Patent Prosecution Highway (PPH). In November, we will focus on the US and China in order to understand the commonalities and differences of these protection regimes in these three important economic areas and how to turn these findings into practice. Topics addressed will be the trade secret protection in the US and China and in what aspects they possibly differ from the trade secret protection within the EU. Further, we want to focus on the legal remedies companies can use nowadays (after the implementation of the Leahy-Smith America Invents Act (AIA) into US patent law) to challenge the validity of US-patents after grant in case they are sued (or threatened to be sued) for infringement of such US-patent, and what companies should do and observe in practice when planning to use such remedy. Further, we want to understand the future impact of the approaching Chinese patent tsunami (more 2 million applications filed in China) onto the operational capabilities of the patent offices in the Western world, in particular the European Patent Office. Finally, we want to explore the possibilities and limits design protection offers even to technology-driven companies who are not active on the fashionable end consumer market. Issues addressed < How do the US and China define a trade secret? < How to adapt internal policies, guidelines, routines to adapt to the coming new legal environment? < What to do if your company is sued (or threatened to be sued) for infringement of a US-patent? < How EPO prepares itself for the expected vast increase of European patent applications filed by Chinese companies. < Design protection in the field of technical products. Target Audience R&D, innovation & intellectual asset managers and experts, IP and licensing managers, patent attorneys as well as business strategy, business development managers, production & Open Innovation managers. Chairman Werner Fröhling, Managing Director, Flooring Technologies Ltd. and Chief IP Counsel for the Swiss Krono Group Key themes Innovation Processes Business strategy Intellectual Asset Management People and Knowledge Public frameworks 8 Online registration before 6 November

2 PROGRAMME Thursday, 16 November :00 19:30 Dedicated Social programme 19:30 Get-together dinner at local restaurant 22:00 Back to the hotel by coach

3 PROGRAMME Friday, 17 November :45 Registration 9:00 9:10 Welcome and latest news about EIRMA Aurélie Jablonski, Head of Programme & Members Relations, EIRMA 9:10 9:15 Welcome by the Chairman Werner Fröhling, Managing Director, Flooring Technologies Ltd, Chief IP Counsel for the Swiss Krono Group 9:15 9:30 Introduction to the Italian National Council of Research (CNR) and its Department of Physical Sciences and Technologies of Matter (DSFTM) CNR is the largest public research institution in Italy and together with its Department of Physical Sciences has as main mission to perform research and to promote innovation and competitiveness of the national industrial system. To this purpose, DSFTM contributes to the advancement in the field of physics of matter and materials science, pursuing the effort of closing the distance between fundamental research and its potential technological applications. Corrado Spinella, Head of DSFTM, CNR and/or Antonella Tajani, Responsible for the DSFTM technical-scientific secretariat, CNR 9:30-9:45 CNR-DSFTM IP portfolio and Technology Transfer activities A brief introduction to CNR's IP Portfolio, organization and activities of its Technology Transfer Office. The DSFTM's role inside the technology transfer of IP rights to the complex Italian industrial ecosystem. Trade secret or publication? The insoluble public research's dilemma. Giulio Bollino, DSFTM IP Supervisor, CNR 9:45 10:30 Challenging The Validity of a U.S. Patent using the Post-Grant Proceedings under the America Invents Act (AIA) Overview of the available proceedings Some statistics: cases filed, probabilities of success, etc. Comparisons to EP opposition proceeding Procedural steps, peculiarities and traps for the unwary Recent legal developments Strategic considerations Thomas Canty, Attorney and founding member of Leydig s Frankfurt office, Leydig, Voit&Mayer 10:30 10:50 Open Discussion US patent, Post-Grant Proceedings and America Invents Act 10:50 11:20 Coffee Break

4 11:20 12:05 Recent developments in trade secret law in the United States This presentation will cover a wide range of topics, such as (nonexhaustive list): - Trade Secret Law Before the DTSA, - the Defend Trade Secrets Act of What are Trade Secrets - Elements of Misappropriation Claim Under UTSA - Potential Remedies Under UTSA - Scope and Application of the DTSA - Damages and Remedies - Employment Agreements: Whistleblower Immunity Martin A. Bruehs, Partner, Head Chemical Patent Practice, Dentons US LLP and Giovanni Casucci, Head of Dentons' Intellectual Property and Technology practice, Dentons Italy Open Discussion - Trade secrets in the US Lunch Break :15 Risk exposure due to Product Liability litigation for companies doing business in the U.S. This presentation will show how trade secrets owned and held by the Michelin Group can be subject to risk in U.S. product liability litigation and give an explanation of steps taken by the company to protect its valuable intellectual property. The topics presented will include: - U.S. Court system and Product Liability Litigation principles - Historical background of tyre litigation in the U.S. - Discovery process to exchange relevant information during a trial or pre-trial phase - Organization to manage Product Liability risk During the presentation, the presenter will highlight the key points to implement in order to mitigate the risk due to product liability litigation in the U.S. Didier Charpignon, Product Liability Manager, Michelin 14:15 14:35 Open Discussion - Risk exposure in U.S. Business :20 Trade secrets in China Outline coming soon EIRMA member speaker

5 15:20 15:40 Open Discussion - Trade secrets in China 15:40 16:10 Coffee break 16:10 16:55 Chinese patent tsunami Outline coming soon EPO speaker (tbc) 16:55-17:15 Open exchanges - Chinese patent tsunami 17:15 17:30 Wrap up and conclusion by chairman 17:30 End of the meeting

6 Venue Accommodation PRACTICAL ARRANGEMENTS National Council of Research - Consiglio Nazionale delle Ricerche (CNR) PIazzale Aldo Moro, Rome Hotel Radisson Blu Via Filippo Turati 171 I Rome Tel: (06) Fax: (06) A block booking with special rates has been secured in the Hotel Radisson Blu. Rate for a single room is 160 (breakfast included, city tax excluded), 175 for a double room. To enjoy the group rates, book your room clicking on the link EIRMA - SIG IAM Meeting or complete the attached room registration form and send it directly to the hotel (info.rome@radissonblu.com before 20 October The group rate is not secured anymore after this date. Visit - Dinner Transportation Registration Payments Cancellations Thursday 16 November Departure at 17:00 from the hotel lobby for the dedicated visit To the hotel: By plane From Leonardo da Vinci Fiumicino Airport (FCO): By taxi it costs about 48,00 each way You can take the Leonardo Express non-stop train -departing every 15 or 30 minutes from the airport and into the city center. The journey takes a mere 32 minutes. One-way tickets are 14. For updated ticket prices and departure times, please see the Leonardo Express website ( When you arrive at Rome Termini Station, follow the indication along the rails for platform 25 to 27. In front of it, head down the stairs on the left, cross the street and you will arrive at the hotel. On Friday 17 November the participants will go together to the National Council of Research (CNR): Please register as soon as possible but certainly before 6 November The online registration form is available on the EIRMA Website The meeting registration fee of 650 covers the administrative costs, visit, get-together dinner and lunch. We prefer payment by bank transfers but can also accept credit card (Visa, MasterCard or American Express) All participants will receive confirmation letter and an invoice or receipt as appropriate. Cancellation policy: we will refund 100% of the registration fee for cancellations received 2 weeks before the meeting, 50% of the registration fee for cancellations received 1 week before the meeting, 25% of the registration fee for cancellations received 3 days before the meeting. Names may be substituted at any time without charge.

7 REGISTRATION FORM Trade secrets and IP in the Far West and the Far East. 16&17 November 2017, Rome, Italy National Council of Research (CNR) 8 Online registration available on EIRMA Website: PLEASE FILL IN CAPITAL LETTERS Please register on-line or return by before 6 November 2017 to cternest@eirma.org Title: (Prof./ Dr./ Mr./ Mrs.):.... First Name:.... Last Name:.... Position:... Company:..... VAT number of paying entity (MANDATORY for EU companies)..... If no VAT number, official registration number Address: ZipCode: City: Country Tel:..Cell: Assistant s . I will q / will not q attend the meeting on 17 November 2017 I will q / will not q attend the dedicated city visit on 16 November 2017 I will q / will not q attend the dinner on 16 November 2017 Dietary requirements:. Event's fee: 650 (VAT excluded) for members excluded Belgium Event's fee: 786,50 (VAT included) for Belgian members Early bird fee (valid until 16 October 2017): 15 % discount 550,00 (VAT excluded) for members excluded Belgium or 665,50 (VAT included) for Belgian members The meeting registration fee covers the administrative costs, refreshments, visit, lunch and dinner. To be paid preferably by Bank Transfer or Credit Cards. Mode of Payment qbank Transfer Account N ING Rond Point Robert Schuman Brussels - Belgium IBAN: BE BIC: BBRUBEBB qcredit Card (Eurocard, Master, Visa, Amex) Card Number: I I I I I I I I I I I I I I I I I I I I Exp. Date: / Security Code: I I I EIRMA, as an international association of Belgian law, is subject to VAT (nr: BE ) For any further information please contact Mrs. Carine Ternest, EIRMA Operations Team Tel (0) Fax: + 32 (0) cternest@eirma.org

Patents and Trade secrets in and from China Special Interest Group on Intellectual Asset Management (SIG-IAM) 7-8 June, Frankfurt, Germany

Patents and Trade secrets in and from China Special Interest Group on Intellectual Asset Management (SIG-IAM) 7-8 June, Frankfurt, Germany Rue de la Loi 81A 1040 Brussels, Belgium Tel: +32 (0)2 233 11 80 - Fax: +32 (0)2 231 08 35 - www.eirma.org guidlines for open office export to pdf with letterhead EIRMA/18.010 guidlines for open office

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