INTA / IP AUSTRALIA CONFERENCE TRADEMARK REGATTA – ASIA-PACIFIC

MARCH 11 – 12, 2008 SYDNEY, AUSTRALIA

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Welcome to the INTA / IP AUSTRALIA CONFERENCE: TRADEMARK REGATTA – ASIA-PACIFIC! Your registration envelope contains your badge, the Final Program and Attendee List, and the Evaluation Form. Admittance to sessions, luncheons and the reception is by badge only, and so you must wear your badge at all times during the meeting. Please refer to this program for session times. Kindly complete the enclosed Evaluation Form and return it to the INTA registration desk

Thank you for your attendance at and interest in this program.

INTA / IP AUSTRALIA CONFERENCE TRADEMARK REGATTA – ASIA-PACIFIC

MARCH 11 – 12, 2008 SYDNEY, AUSTRALIA

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Exceptional topics, faculty and presentations have come to distinguish INTA programs and earn them an unmatched reputation in the field of trademark law and practice. INTA owes this achievement to the many volunteers who so willingly contribute their time and energy to this effort. INTA and IP Australia would like to thank the Project Team for their excellent work in planning and presenting the Trademark Regatta – Asia-Pacific Conference. PROJECT TEAM: Chairpersons: Christine Lowe Davies Collison Cave (Australia) Ruth Mackay IP Australia (Australia) Project Team: Annette Freeman

Spruson & Ferguson (Australia) Earl Gray Simpson Grierson (New Zealand) Gail M. Hill F.B. Rice & Co. (Australia) Anne Makrigiorgos Griffith Hack (Australia) Luke Minford

Barbara Sullivan Henry Hughes (New Zealand) Leslie A. Tilly Mallesons Stephen Jaques (Australia) Annie Sui Ting Tsoi Deacons (Hong Kong, SAR) Michael Wolnizer Davies Collison Cave (Australia) STAFF LIAISONS: Ann Eng Director of Education Jo Chen Meeting Planner

Rouse & Co. International (China, People’s Republic) Kumudu Ramasundara IP Australia (Australia)

Rhonda Steele Mars, Incorporated (Australia)

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INTA / IP AUSTRALIA CONFERENCE TRADEMARK REGATTA – ASIA-PACIFIC

MARCH 11 – 12, 2008 SYDNEY, AUSTRALIA

FINAL PROGRAM

TUESDAY, MARCH 11, 2008 8:30 a.m. – 10:00 a.m. REGISTRATION AND CONTINENTAL BREAKFAST

9:00 a.m. – 9:55 a.m. BREAKFAST TABLE TOPICS

Free table topics are available for persons arriving early. Pre-registration is not required, but seating will be available on a first come, first served basis.

1. Trade Mark Clearance—Legal vs. Marketing 2. ADR in Trade Mark Disputes 3. Opposition Procedures in Australia and New Zealand 4. Options to Protect English Language Marks in Asian Countries 5. Copyright in Logos, Labels, Advertising—Protection and

Enforcement 6. Trade Mark/Designs Overlap 7. Free Trade Agreements

10:00 a.m. – 10:05 a.m. TRADITIONAL WELCOME TO COUNTRY 10:05 a.m. – 10:20 a.m. WELCOME BY INTA PRESIDENT Rhonda Steele, INTA President, Mars Incorporated (Australia) 10:20 a.m. - 10:25 a. m. WELCOME/PREVIEW OF DAY ONE Christine Lowe, Co-Chair, Davies Collison Cave (Australia) Ruth Mackay, Co-Chair, IP Australia (Australia) 10:25 a.m. – 12:05 p.m. CHARTING THE COURSE: FUTURE CHALLENGES FOR

GOVERNMENT Top level government officials from all over the world will discuss important issues that are creating challenges for government and pressure for change; how to balance the role of government and the

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different needs of the private sector; regional cooperation and regional offices; and governmental challenges in the Asia-Pacific region.

MODERATOR Janice Luck, DLA Phillips Fox (Australia)

SPEAKERS Lynne G. Beresford, U.S. Patent and Trademark Office (United States) Wubbo de Boer, Office for Harmonization in the Internal Market (Spain) Woon Yin Liew, Intellectual Property Office of Singapore (Singapore) Steven Selby, Director of Intellectual Property (Hong Kong, SAR)

12:05 p.m. – 1:30 p.m. NETWORKING LUNCH

1:30 p.m. – 2:45 p.m. NAVIGATING THE SOUTH PACIFIC Learn about brand protection and enforcement practices in the South Pacific; the level of trade in the region; issues of importance to brand owners; and the South Pacific as a transit point for counterfeits. Find out about strengths and shortcomings relating to UK re-registration; independent registration and hybrids; and whether changes are needed; and consider some case studies.

MODERATOR: Annette Freeman, Spruson & Ferguson (Australia) SPEAKERS: Gai Araga, Intellectual Property Office of Papua New Guinea (Papua New Guinea) Chris Bignold, British American Tobacco (Australia) Fiona Ey, Latu Ey & Clarke Lawyers (Samoa) Paul Cargill Sumpter, Chapman Tripp Sheffield Young (New Zealand) & University of Auckland (New Zealand)

2:45 p.m. – 3:00 p.m. BREAK

3:00 p.m. – 4:15 p.m. NONTRADITIONAL TRADE MARKS – BUOYED BY DECISIONS AND ATTITUDE TOWARD SURVEY EVIDENCE?

This session will include an examination of color and shape mark issues; guidance on how to prove distinctiveness; advice on using survey evidence after Cadbury and a discussion of the differences in

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approach in Australia and New Zealand; tips on what a survey needs to show; a description of strategy options; and discussions on nontraditional trade mark enforcement including the scope of protection, distinction between “similar” and “confusingly similar,” and how to address extraneous material.

MODERATOR Earl Gray, Simpson Grierson (New Zealand)

SPEAKERS Earl Gray, Simpson Grierson (New Zealand) Ron Webb, Nigel Bowen Chamber, (Australia)

4:15 p.m. – 4:30 p.m. BREAK 4:30 p.m. – 5:45 p.m. INDIGENOUS PEOPLES AND TRADE MARKS –EXPLORING NEW

SEAS The focus of this session is the protection of Indigenous Peoples Cultural Expressions. What are Indigenous Peoples seeking to protect? How do trade mark laws help? What are the problems? What is being done at an international level by WIPO and the Secretariat of the Pacific Community? The panel will discuss these issues, and illustrate with examples from the region.

MODERATOR: Barbara Sullivan, Henry Hughes (New Zealand)

SPEAKERS: Florence T. Fenton, Munro Leys (Fiji) Marion Heathcote, Davies Collison Cave (Australia)

Robynne Quiggin, Vincent-Quiggin (Australia) Karen Te-O-Kahurangi Waaka, Maori Trade Marks Advisory Committee, Intellectual Property Office of New Zealand (New Zealand) Leo Watson, Barrister (New Zealand)

5:45 p.m. – 5:50 p.m. WRAP UP OF FIRST DAY Ruth Mackay, Co-Chair, IP Australia (Australia)

Christine Lowe, Co-Chair, Davies Collison Cave (Australia

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INTA / IP AUSTRALIA CONFERENCE TRADEMARK REGATTA – ASIA-PACIFIC

MARCH 11 – 12, 2008 SYDNEY, AUSTRALIA

6:00 p.m. – 7:30 p.m. WELCOME RECEPTION

WEDNESDAY, MARCH 12, 2008 8:00 a.m. – 9:00 a.m. REGISTRATION AND CONTINENTAL BREAKFAST 9:00 a.m. – 9:05 a.m. PREVIEW OF DAY TWO

Christine Lowe, Co-Chair, Davies Collison Cave (Australia) Ruth Mackay, Co-Chair, IP Australia (Australia)

9:05 a.m. – 9:20 a.m. ADDRESS Philip Noonan, Director General, IP Australia (Australia) 9:20 a.m. – 10:35 a.m. A FLOTILLA OF INTERNET ISSUES

Receive the latest information on major domain name topics including identification of the best domain name protection strategies and research tools across various ccTLDs; ccTLDs in which brand owners should register; research tools that you can use for clearing a brand; domain name enforcement strategies in the United States, Australia and New Zealand; whether Australia and New Zealand should adopt actions similar to the Anticybersquatting Consumer Protection Act; how use of a mark on a website can be actionable in Australia; and a concise case law review.

MODERATOR: Michael Wolnizer, Davies Collison Cave (Australia)

SPEAKERS: Ann Dufty, Corrs, Chambers Westgarth (Australia) J. Scott Evans, Yahoo! Inc. (United States) Paul Twomey, Internet Corporation for Assigned Names and Numbers (United States)

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10:35 a.m. – 10:50 a.m. BREAK 10:50 a.m. – 12:05 p.m. MADRID PROTOCOL – GIVING BUSINESS A TAILWIND?

Discover what is happening with the Madrid Protocol in the Asia-Pacific region; what to do if Asia-Pacific is within your global strategy; managing the matrix of Madrid Protocol and national applications within Asia-Pacific; saving costs and reducing administration; protecting a domestic brand that is going global; securing a cost effective entry / priority date in jurisdictions, and creating an identifiable asset for financing, sale negotiation and licensing. MODERATOR: Gail Hill, F.B. Rice & Co. (Australia) SPEAKERS: Owen J. Malone, Foster’s Group Limited (Australia) Ernesto Rubio, World Intellectual Property Organization (Switzerland)

12:05 p.m. – 2:00 p.m. LUNCH/TABLE TOPICS

Maximize your lunch time by participating in a table topic. Pre- registration is required,. Seating will be available on a first come, first served basis.

1. Unfair Competition in the Asia Pacific Regions 2. Madrid- A Discussion 3. Community Trade Marks and Designs Update 4. Enforcement of Trade Marks in China 5. Protecting Company Names in Asia 6. Trade Marks in the Virtual World 7. E-Trade Mark Administration 8. Parallel Imports and Gray Market Goods in Asia 9. Substantive Examination—Is it Still Necessary? 10. Scope of Protection and Enforcement of Animated Marks and

Holograms 11. and 12. Anticounterfeiting (2 tables) 13. Treatment of Secondary Trade Marks 14. Protectionism and Corruption in IP Disputes 15. Trade Mark Clearance—Legal v. Marketing

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16. ADR in Trade Mark Disputes 17. Opposition Procedures in Australia and New Zealand 18. Enforceable Rights in Shape Marks – Fact or Fiction?

2:00 p.m. – 3:15 p.m. PROTECTING WELL-KNOWN TRADE MARKS: A DEFENSIVE TACK

There is strong disagreement on whether Section 120(3) of the Australian Trade Marks Act of 1995 dealing with infringements is an anti-dilution provision. Enjoy a lively debate on this, hear about dilution in the United States and how it worked for trade mark owners, and participate in a discussion on whether the current legislation in the region goes far enough. MODERATOR: Maurice Gonsalves, Mallesons Stephen Jaques (Australia)

SPEAKERS: David H. Bernstein, Debevoise & Plimpton (United States) Maurice Gonsalves, Mallesons Stephen Jaques (Australia) Michael Handler, University of New South Wales (Australia)

3:15 p.m. – 3:30 p.m. BREAK

3:30 p.m. – 4:30 p.m. TRADE MARKS IN SPORT – GETTING A RACING START Trade marks have become an indelible part of sport. As sport, television and the Internet create an ever bigger platform from which brands connect with their consumers, so too do the complexities and risks involved for trade mark owners. Discover from different trade mark owners the issues in sport. Learn the do’s and don’ts on valuing and licensing an event and combating ambush marketing. Also, hear from a sponsor’s perspective about why they do it, showcasing how a good trade mark protection strategy can protect against infringement in Asia-Pacific and on the Internet. Finally, see how some brands prepare for and deal with post event depression.

MODERATOR: Luke Minford, Rouse and Co. International (China, People’s Republic) SPEAKERS: Keith Binnie, New Zealand Rugby Union (New Zealand) Ross Parsonage, Rouse and Co. International (China, People’s Republic) Alan Potter, AJ Pack (New Zealand)

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4:30 p.m. ADJOURN

Christine Lowe, Co-Chair, Davies Collison Cave (Australia) Ruth Mackay, Co-Chair, IP Australia (Australia) Rhonda Steele, INTA President, Mars Incorporated (Australia)

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A SPECIAL THANKS TO THE PLATINUM SPONSORS OF THE INTA / IP AUSTRALIA CONFERENCE

TRADEMARK REGATTA – ASIA-PACIFIC

PLATINUM SPONSORS

Established in 1877, Addisons is a Sydney based law firm offering a comprehensive range of high quality specialist legal services. Addisons’ integrated Intellectual Property and eCommerce practice, combining legal and technical expertise, offers clients a one-stop shop for protection of their intellectual property from registration, through commercialisation to enforcement. The Addisons’ Intellectual Property & eCommerce team covers the full spectrum of intellectual property law in the areas of trade marks, designs, copyright and patents. Addisons’ lawyers are leaders in their field and act for some of Australia's and the world's leading corporations. The firm’s lawyers are experienced in both the non-contentious and contentious aspects of intellectual property protection and understand the need for vigilance and to act quickly to enforce intellectual property rights. Addisons’ expertise includes reviewing intellectual property portfolios for their integrity, devising cost effective and efficient protection strategies, advising on the exploitation of intellectual property rights, defending intellectual property claims, conducting intellectual property searches and obtaining registration for intellectual property in Australia and overseas.

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Addisons’ Intellectual Property and eCommerce team regularly advises and assists clients in the following areas:

• All aspects of trade mark registration (including Madrid filings)

• anti-counterfeiting and brand protection • trade mark searches and advice on trade mark portfolio

sufficiency, management and enforcement • trade mark licensing (including commercialisation, drafting

and enforcement issues) • trade mark oppositions, non-use applications and all other

issues arising in the Australian Trade Marks Office (and Federal Court if required)

• trade mark litigation and related reputation based claims • registration and protection of designs • copyright advice, licensing and litigation • commercialisation agreements • confidential information • domain name registration and website issues • intellectual property audits • labeling • licensing and sponsorship • parallel importation and customs issues • patent litigation and revocation proceedings • patent applications and oppositions • passing off and breaches of section 52 of the Trade Practices

Act

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Blake Dawson's award-winning Intellectual Property team comprises the foremost legal experts in this field who are trusted by many high profile Australian and global businesses to secure protection and maximise the value of their brands and other intellectual property. Our IP group recently won a prestigious World Leaders IP award, receiving the award for Excellence in IP Litigation in the Asia Pacific region. Our Intellectual Property practice prides itself on being custodians of our clients' reputations. We are one of the few law firms in Australia which provides a completely integrated full-service intellectual property offering, from securing protection through to enforcing intellectual property rights, including litigation and alternative dispute resolution. We maintain extensive contacts with overseas firms and professional bodies, acting for many leading foreign businesses in protecting their intellectual property rights in Australia and in protecting our Australian clients' rights overseas.

Our specialist intellectual property related practice areas include: - Trade marks - Patents - Copyright - Domain names - Life sciences - Marketing, advertising and sponsorship - Food law

Our success is built on our:

• Dedicated expertise – We have specialist trade mark lawyers within our intellectual property group so that our trade mark advice, litigation and registration work is done in the most responsive, efficient and cost effective way

• Desire to listen to clients – We get to know our clients so we can devise legal strategies to maximize and protect the commercial potential of your brands, ideas and technological advances

• Familiarity with a diverse range of industry sectors – We work with some of the biggest names across a variety of industries

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Why we're proud of who we are: We boast one of the most experienced intellectual property teams in Australia. Our clients place a high value on trust, reliability, accessibility and responsive service. We are renowned for our approachability, willingness to listen and ability to respond to the needs of our clients. Our fully integrated team of lawyers work together to recognise and anticipate issues relevant to our clients.

Recognition

• "Blake Dawson has an incredible trade mark and patent practice. Over the past year the team continued to build its stellar client base." Asia Pacific Legal 500 November 2007

• "Clients see the team as 'commercial, practical and cost efficient' and appreciate the 'genuine specialist expertise' of the lawyers." Chambers Global 2008

• "Clients get a lot of attention, no stone is left unturned and they do an appropriate level of research." Chambers Global, 2006

• "As clients observe, the team is 'highly knowledgeable on complex items of patent law and keeps up to date with current legislation very well - they get our real problem-child cases'." Chambers Global, 2006

• Considered an industry leader in life sciences by major legal directories, including Which Lawyer? Yearbook, 2006 and Asia Pacific Legal 500, 2005/2006

• Includes partners named as a leading individual for Intellectual Property, most recently in AsiaLaw Profiles, 2007, International Who's Who of Trademarks Lawyers 2007, Euromoney's Guide to the World's Leading Trademarks Lawyers, 2007

• Three of our intellectual property partners have received special mention in Euromoney's Expert Guide to the World's Leading Trade Mark Law Practitioners, 2007

Contact: Lisa Ritson, Intellectual Property Practice Head T 61 2 9258 6093 M 0417 267 502 lisa.ritson@blakedawson.com

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Philosophy Chrysiliou Law is an Australian firm founded in 1987 by Andros Chrysiliou and Kerry Chrysiliou who are well known intellectual property specialists in Australia and around the world. The philosophy of Chrysiliou Law is that creativity is the life blood of a successful business. Chrysiliou Law seeks to protect its clients’ creativity by developing a full understanding of their clients’ businesses.

Staff The professional staff of Chrysiliou Law are highly qualified intellectual property specialists and in line with the philosophy of the firm, the lawyers and attorneys of Chrysiliou Law adopt a pro-active approach to their clients’ legal problems. Chrysiliou Law relies strongly on its experienced support staff and operates an extensive network of international Associates. Services Chrysiliou Law has a full portfolio of intellectual property services which includes the following:

• Trademark development • Trademark searching • Trademark filing and prosecution • Due diligence and IP audits • Domain name and business name services • Litigation through affiliated law firm • IP commercialization • Licensing and franchising • Counterfeiting issues

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INTA / IP AUSTRALIA CONFERENCE TRADEMARK REGATTA – ASIA-PACIFIC

Attendee List