www .cla-amsterdam.com

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Computer Law Association
www.cla-amsterdam.com
Amsterdam • 18-19 November 2004
Hilton Hotel Amsterdam
The Netherlands
A blueprint for information
& communication technology lawyers
• TV via Internet, a fourth distribution channel
• Distribution and protection of digital media and information
• Gambling: the legal side of gaming after Gambelli
• Intellectual property developments
• Evolving issues in computer contracting
• E-commerce, E-business
• IT outsourcing
• IT + Internet
• Litigation
• Open source
Co-chairs
• Esther D.B. Nunes • Enrique J. Batalla
• Susan L. Donegan • Alexander B. Blumrosen
Organised by
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Who should attend?
Lawyers, corporate counsel,
entrepreneurs in IT business,
consultants, legal advisers.
Language
English is the official language
of the conference.
Cyberspace Camp
An 8-hour intensive legal
seminar is geared towards
young technology lawyers
who want to boost their knowhow as well as for seasoned
practitioners who want to
learn more about this exciting
area of law.
Gala dinner
Of particular note will be the
traditional CLA gala dinner on
Thursday evening 18th (business
attire). Join us for an evening
with colleagues at the amazing
Park Plaza in the center of
Amsterdam. The cost is 110€
per person. Please register
simultaneously with the
conference. We will not be able
to take last minute participants!
Hilton Hotel
The Hilton Amsterdam is an
ideal location for both the
business and leisure traveller
situated in one of the most
exclusive areas in the city indeed in the Netherlands. The
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hotel has in its neighbourhood
the most exclusive shopping
streets in Amsterdam and the
commercial and financial
centers of the city are close by.
The hotel borders on a canal
and overlooks its own garden
and marina which is filled in
the summer with beautiful
antique wooden boats. The
most attractive museums,
Rijksmuseum and Van Gogh
Museum, are within easy
walking distance.
Amsterdam
Amsterdam is the COOL capital
of Holland due to its famous
art, surprising architecture,
top designers, superb shopping.
Amsterdam is home to
Rembrandt's Night Watch and
Van Gogh's Sunflowers. There
are more museums per square
meter than in any other country
in the world!
Amsterdam is home to some
groundbreaking architectural
projects. Come and have a look
at innovative buildings or take
a walk through brand new and
renovated parts of the city.
Shop till you drop! Amsterdam
is a paradise for shopping lovers.
From flea markets to chic
boutiques, Amsterdam has it all!
Diamonds, wax figures, a
scientific experience: Amsterdam
knows how to please young and
old people. Have a ball!
Internet access
offered to attendees
In the conference center, Hilton
WiFi lets you stay in touch with
your office by Wireless LAN
access: 28€/day.
Transportation
from Schiphol Airport
Distance from hotel: 15 km
Drive time: 25 min.
Bus Service: 9€
Subway/Rail: 5€
Taxi: 25€
Limousine: 75€
Travel
The following travel specialist
can provide you with
customized assistance and
quality service:
www.planet-tour.com
Visit online or e.mail Cathy at:
catboyer@planet-tour.com
Call: +33 442 91 37 01
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You are invited to
the Computer Law Association's 2004
annual conference, to be held
in Amsterdam
T
he Computer Law Association (CLA) is pleased to invite you to attend its 2004 annual
European conference in Amsterdam, The Netherlands on November 18-19, 2004.
The two-day conference will showcase recent developments in information
technology and telecommunications law featuring presentations from over 70 leading
legal practitioners, regulators and industry experts. Comprehensive materials in the
form of presentations, lecture notes and articles will be provided to registered delegates.
Discussions will be aimed at cutting-edge topics including the legal aspects of evolving
issues in computer contracting, protection of business operations, security, evolving
issues in the Internet, patent and trademark protection of intellectual property. The
updated agenda is available on www.cla-amsterdam.com.
Last year's highly successful conference in Munich drew participants from 38 countries
and included attorneys, EU and American regulators, general counsels of high-tech companies,
and software and hardware suppliers. CLA offers unparalleled international networking
opportunities aimed at professionals who constantly face the legal issues that arise in
IT sales and distribution, e-commerce and protection of intellectual property.
The CLA is proud to partner in the organization of this event with leading professional
and bar associations in The Netherlands and Europe. We thank these organizations
for their support, which in itself is testimony to the importance of this annual event
and the central role that CLA plays in the international IT legal community.
True to the CLA format, there will be frequent opportunities for meeting informally with
other delegates. Of particular note will be the traditional CLA gala dinner on Thursday
evening, November 18, being held this year at a historic Amsterdam site. The wonderful
cultural resources of the city of Amsterdam including sightseeing, museums, music and
world cuisine are only steps away from the conference venue.
CLA is also excited to announce the return of European Cyberspace Camp. CLA's signature
IT training seminar will run concurrently with the main conference this year. European
CyberSpace Camp is an intensive legal seminar geared towards technology lawyers
who want to boost their know-how as well as for seasoned practitioners who want to
learn more about this exciting area of law. Faculty will include university professors
and senior practitioners presenting in-depth lectures on topics such as outsourcing, crossborder transactions, litigation, IT contracting and e-commerce.
Sponsors
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Thursday, November 18
08.30 am Registration
09.00 am
Presentation by Esther Nunes, CLA President, and welcome by Dutch authorities
Room A
NEW DISTRIBUTION MODELS FOR TV, CONTENT,
SOFTWARE AND GAMBLING VIA INTERNET
9.30 am
Opening speech by Oliver Habel, Teclegal Habel
Rechtanwälte, President of the Day
GAMBLING (PART 1)
Convergence of media: gaming via mobile phones and via
computer/TV
Moderator: Alfred P. Meijboom, Kennedy van der Laan
9.40 am
Faites vos jeux ? The gaming business - facts and strategies
• Interactive TV – an update on current format from the
European point of view.
Speaker: Christoph Marloh, Content Logic, Inc.
10.00 am
• Mobile Gaming
Speaker: Jacques Gaboury, Sony Ericsson
10.20 am
• Internet Gaming
Speaker: Paul Barnes, Access Gaming
10.40 am
Discussion / Questions
11.00 am Break
DISTRIBUTION AND PROTECTION OF DIGITAL MEDIA
AND INFORMATION
Moderator: Hendrik Struik, CMS Derks Star Busmann
11.15 am
DRM-Technologies and their limits
Speaker: Matthias Nordmann,
Schwarz Kelwing Wicke Westpfal
Room B
EVOLVING ISSUES
IN IT LAW
9.30 am
Opening speech by Reinout Rinzema, Stibbe, President of the Day
EVOLVING ISSUES IN COMPUTER CONTRACTING
Moderator: Pietro Tamburrini, Tamburrini Savi & Associati
9.40 am
Data Protection
A discussion of the restrictions that various data protection laws
impose on the cross-border transfer of personal data.
Speaker: David Bender, White & Case
10.00 am
Data transfer contracts from the European perspective:
corporate binding rules
Speakers: Lokke Moerel, Debrauw Blackstone Westbroek
Jeroen Terstegge, Philips N.V.
10.20 am
Contractual protection of confidential information and trade
secrets - NDA’s, confidentiality and inventions clauses with
employees, contractors and third parties.
Speaker: Marc Friedman, Sills Cummis Epstein & Gross
10.40 am
Rethinking your approach to software licensing management
Speaker: Stephen N. Hollman,
Business & Technology Law Group
11.00 am Break
INTERNET LIABILITY
Moderator: Denis Rice, Howard Rice Nemerovski
11.45 am
Trade and distribution of digital goods
Speaker: Kiran Sandford, Mishcon de Reya
11.15 am
The liability of the ISP in comparative law
E-commerce directive and its implementation in France and
other EU states
Speaker: Antoine Burin des Roziers, EDF
12.15 pm
DRM, Freedom and a Free Trade
Speakers: Thomas Hoeren, University of Muenster
Thomas Vinje, Clifford Chance LLP
11.35 am
Liability in the E.U. of search engines and providers of
hypertext links
Speaker: Bradley Joslove, Franklin
1.05 pm
Pros and Cons
A discussion with the audience
11.55 am
How to find a proper balance between ISP liability, public
order and free speech?
Speakers: Hélène Langlois, Yahoo! France
Isabelle Camus, ATEM
1.15 pm Lunch
12.15 pm
CyberCrime
Speaker: Jaime Angeles, Oficina Jaime Angeles
12.35 pm
Infringement on the Internet: the example of the French
fashion and luxury industry.
Speaker: Vincent Fauchoux, Deprez, Dian, Guignot
12.55 pm
Ethics and the Internet
Speaker: Jay Westermeier, Piper Rudnick LLP
1.15 pm Lunch
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Room A
Room B
OPEN SOURCE
The area of conflict between business opportunities and
legal traps
Moderator: Richard Kemp, Kemp Little
2.30 pm
Introduction by Richard Kemp
2.40 pm
Open source - the new way of business
Speaker: Wolf Frenkel, Sun Microsystems
3.00 pm
Open source - a challenge for the established software
business?
Speaker: Mark Lange, Microsoft Europe
3.20 pm
Open Source - The pros and cons for governmental authorities
of choosing open source software
Speaker: Ursula Widmer, Dr. Widmer & Partners
3.30 pm
Open Source - the SCO litigation challenge
Speaker: Hilary Pearson, Bird & Bird
4.00 pm
Open Source in Europe - the German example
Speaker: Peter Bräutigam, Nörr Stiefenhofer Lutz
4.20 pm
Discussions / Questions
4.30 pm Break
GAMBLING (PART 2)
Alea jacta est ? The legal side of gaming after Gambelli
Moderator: Peter Brown, Brown Raysman
4.45 pm
Interactive gaming in national and cross-border situations
• The US perspective
Speaker: Peter Brown, Brown Raysman
5.15 pm
• The Belgium perspective
Speaker: Thibaolt Verbist, Ulys
5.45 pm
Interactive gaming in national and cross-border situations “Gambelli” and its impact in Europe
Speaker: Christian Frank, Taylor Wessing
6.15 pm
Comparative analysis, questions & discussions
INTERNET LIABILITY (cont.)
2.30 pm
Spam in U.S.A. New anti-spam legislation, technical means for
dealing with spam, and common techniques for combating
Spam filters
Speaker: Stephen Davidson, Leonard Street & Deinard
2.50 pm
Spam: European Developments
Speaker: Anja Dekhuijzen, Van Doorne N.V.
3.10 pm
How to steer your company clear of growing Internet risks and
liabilities
Speaker: Eric Sinrod, Duane Morris
EVOLVING ISSUES IN IT LAW IT OUTSOURCING
Moderator: Dinant T.L. Oosterbaan, Oosterbaan & Van Eeghen
3.30 pm
International IT Outsourcing. Legal framework and structure
of IT outsourcing agreements
Speaker: Jan Geert Meents, CMS Hasche Sigle
3.50 pm
New Types of Outsourcing. Global outsourcing: Dealing with
local affiliates in a worldwide agreement; Currency and exchange
challenges; Employee transfers in multiple countries; The
importance of culture.
Speaker: Amy-Lynne Williams, Deeth Williams Wall LLP
4.10 pm
Specialized Outsourcing. A new approach to streamlining
outsourcing negotiations
Speaker: Diana J. McKenzie, Neal, Gerber & Eisenberg LLP
4.30 pm Break
Moderator: Laurie Heizler, Wright Hassall
4.45 pm
Offshore outsourcing: Legal and commercial considerations
Speakers: David Barrett, Simmons & Simmons
Peter Brudenall, Simmons & Simmons
5.25 pm
Offshore. Special focus on India
Speaker: Shalini Agarwal, Almt Legal
5.45 pm
The ICC’s guidelines for international outsourcing projects
Speaker: Michael Hancock, Salans & Associés
6.05 pm
Government outsourcing of IT innovation to the private
sector and its commercialization
Speaker: Louis Milrad, Gardiner Roberts LLP
5.25 pm
Cross border framework agreements - Avoiding the pitfalls
Speaker: Kit Burden, Barlow Lyde and Gilbert
5.45 pm
UK public sector procurement - Partnering and suppliers’
codes of practice - A model for world-wide outsourcing?
Speaker: Clive Davies, Olswang
8.00 pm Gala Dinner (on registration)
Addresed by Sabine Lochman, President of the Association Française des Juristes d’Entreprises and Esther Nunes, CLA President
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Friday, November 19
Room A
Room B
8.30 am
Opening speech by Enrique J. Batalla, President of the Day
ADVERTISING
Moderator: Michel Béjot, Bernard Hertz Béjot, Paris
8.50 am
Advertising, promotions and marketing issues in the IT context
Experts from the US, the UK, Sweden, Belgium and France
address legal issues and controversies surrounding advertising,
promotions and marketing practices in the IT context.
Promotion and advertising campaigns are becoming more and
more international and cross-cultural, while very different
bodies of regulations still apply.
Will a harmonized body of rules in the EU simplify such
operations? In the meantime, is it possible to conduct crosscountry promotions, advertising and marketing campaigns?
Experts share their insights based on practical experience.
Speakers: Sylvia Spalter, SCP Caubet Chouchana Meyer
Doug Wood, Reed Hall Dickler
Brinsley Dresden, Lewis Silkin Solicitors
Michael Plogell, Wistrand Advokatbyra
Steven De Schrijver, Van Bael & Bellis
10.50 am Break
RESOLVING INTERNATIONAL IT/IP DISPUTES
This panel examines jurisdiction, choice of law, choice of forum,
enforcement of judgement in the IT/IP dispute context
Moderator: Barbara T. Hoffman,
Law Offices of Barbara T. Hoffman
11.05 am
Jurisdiction - Digital copyright law, in particular US litigation
trends
Speaker: Ian Ballon, Manatt, Phelps & Phillips LLP
11.25 am
Dispute resolution for "EU". Internet domain names
Speaker: Wolfgang Buechner, Lovells
11.45 am
IT litigation in multi-jurisdictional situations
Speaker: Ruprecht Hermans, Nauta Dutilh N.V.
12.05 pm
Comparison of US and EU Peer to Peer litigation
Speaker: Julian P. Gehman, Mayer Brown Rowe and Maw
12.25 pm
Alternative dispute resolution
Speakers: Richard Stephens
Joanne Gregory, Stringer Saul
1.05 pm
Helping judges and juries understand IT concepts
Speaker: Stuart Meyer, Fenwick & West LLP
1.25 pm Lunch
NEW EU MEMBER STATES
A view from IT legal expert from Poland, Hungary, Czech and
Slovak Republics, Malta, Cyprus, Baltic Countries. Possible new
members Croatia? Bulgaria? Romania? Turkey?
Moderator: Zbynek Loebl, Central European Advisory Group
2.30 pm
Legal regulation of information society services and
on-line gambling in Malta
Speaker: Josep A. Cannataci, Cannataci & Associates
2.50 pm
Protection of personal data in Cyprus
Speaker: Olga Georgiades, Lellos P. Demetriades Law Office
3.10 pm
Electronic signatures and certification authorities in Hungary
Speaker: Tamas Godolle, Bogsch & Partners
8.30 am
Opening speech by Christiane Féral-Schuhl, Salans and
President of ADIJ, President of the Day
IT + INTERNET
Moderator: Daniel Kahn, Kahn & Associés
8.50 am
Telematic Services
Speaker: Raymond Van Dyke, Nixon Peabody LLP
9.10 am
Technology transfer - Issues to consider
Speakers: Behnam Dayanim, Paul Hastings
Lisa Lifshitz, Gowling Lafleur Henderson LLP
9.30 am
The new technology transfer block exemption regulation of the
EU commission n° 772/2004
Speaker: Mathias Lejeune, SSW Schneider Schiffer Weihermüller
10.10 am
The problems arising from search engine marketing and from
the use of ad-words/keywords techniques, in particular with
respect to fair use of third party trademarks
Speaker: Felix Hofer, Studio Legale Hofer Lösch Torricelli
10.50 am Break
E-COMMERCE - E-BUSINESS
Moderator: Robert Bond, Faegre Benson Hobson Audley LLP
11.05 am
Distance marketing of consumer financial services directive
Speaker: Patrick J. Missling, Weitnauer
11.25 am
E-Commerce Directive
Speaker: Ashley Winton, Pillsbury Winthrop
11.45 am
Online Direct Marketing
Speaker: Christopher Millard, Linklaters
12.05 pm
The development of Peer-to-Peer services as a business model
Speaker: Mark Owen, Harbottle & Lewis LLP
12.25 pm
Database rights in the UK
Speaker: Susan Barty, Cameron Mckenna
1.25 pm Lunch
INTELLECTUAL PROPERTY RELATED DEVELOPMENTS
Moderator: Naomi Assia, Naomi Assia & co.
2.30 pm
Trademarks - First level domain
Speaker: Antonio Millé, Estudio Millé
2.50 pm
Patents
Business Methods Today - Are they still viable?
Speaker: Rory J. Radding, Jones Day
3.10 pm
Copyright
Speaker: Stéphane Gilker,
Fasken Martineau Dumoulin LLP
3.30 pm
First practical experience with the transformation of the EU
copyright directive into national law, notably German Law.
Speaker: Christian Czychowski, Boehmert & Boehmert
3.50 pm
The intersection of antitrust and intellectual property law:
Developments impacting standard setting and patents pools.
Speaker: Howard Morse, Drinker Biddle & Reath LLP
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Room A
Room B
3.30 pm
Legal regulation of domain names including dispute
resolution in Poland
Speaker: Bodgan Fischer, Lukowicz & Partners
3.50 pm
Outsourcing in Croatia
Speaker: Mladen Vukmir, Vukmir & Associates
4.10 pm
The Implementation of the New Regulatory Framework in
the Czech Republic and the Slovak Republic
Speaker: Zbynek Loebl, Central European Advisory Group
4.30 pm
New EU member states: the perspective of the EC
commission
Speaker: Judr. Rastilav Luby, EC Commission
4.50 pm Break
VOICE OVER IP: NEW CHALLENGES FOR LAWYERS,
LAW ENFORCEMENT AND CLIENTS
5.05 pm
The latest advances in VOIP - CISCO
5.25 pm
VOIP business models - NET2PHONE
5.45 pm
Issues for VOIP business models under EU directives
Speaker: Winston Maxwell, Hogan and Hartson
6.05 pm
FCC treatment of VOIP to date, and business implications
Speaker: Karlyn Stanley, Cole Raywid & Braverman
4.10 pm
Recent developments in software and business methods
patents in Europe, including the EU proposed directive on
computer-implemented inventions
Speaker: Jürgen Betten, Betten & Resch
4.30 pm
IP Audits
Speaker: Anne-Marie Kemna, Faasen & Partners
4.50 pm Break
INTELLECTUAL PROPERTY RELATED DEVELOPMENTS (Cont.)
5.05 pm
IP Rights and Standards Bodies
Speaker: Eric M. Nelson,
Knobbe, Martens, Olson & Bear, LLP
5.25 pm
Securing the distribution of IP rights on line
Speaker: Emmanuel Michau, Selarl E. Michau
5.45 pm
Legal Issues in the Pan-European Distribution of Digital Data
Speaker: Amish Sandison, Bird & Bird
6.25 pm
Common Closing Speech by the Presidents of the Day, Enrique J.Batalla, Christiane Féral-Schuhl, Susan Donegan
6.45 pm
Closing Speech by Esther Nunes, CLA President,
With the active cooperation of
Press partners
The Wall Street Journal Europe is a registered trademark of Dow Jones and Company.
Co-chairs
Dutch Advisory Group:
• Esther D. B. Nunes • Enrique J. Batalla
• Susan L. Donegan • Alexander B. Blumrosen
• Anja Dekhuijzen • Anne-Marie Ch. Kemna • Alfred Meijboom
• Lokke Moerel • Alan Steele Nicholson • Reinout Rinzema • Henrik Struik
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Registration Form
Early bird
(18/19 November 2004)
registration and payment before 10 September 2004
Last Name
❏ CLA members, sponsors
❏ Independent
❏ Judges, professors, government, non-profit
First Name
Delegate
starting 10 September 2004
❏ CLA members, sponsors
❏ Independent
❏ Judges, professors, government, non-profit
Company
Address
800 €
980 €
800 €
960 €
1 150 €
800 €
All prices without VAT
please add 19% (Dutch rate) to your payment
Gala Dinner
Zip/Postcode
❏ per person
❏ accompanying person
City
Payment
Payment must be completed in advance to guarantee
registration; participants should bring proof of payment,
otherwise a credit card guarantee will be requested at the
registration desk.
Country/State
European VAT N° intracom
110 €
110 €
❏ Cheque payable to Mar-Tech & Finance,
Centre nautique Paris-Boulogne, face au 36 quai Alphonse
Le Gallo 92100 - Boulogne Billancourt - France.
Title
E-mail
❏ Bank transfer
Credit Commercial de France:
103, avenue des Champs Elysees - 75008 - Paris - France
IBAN: FR76 3005 6001 4801 4821 2685 506
BIC:
CCFRFRPP
Phone
Fax
On the bank transfer slip, please also indicate company and delegate names.
Registration fees include 2 days participation at the
conference, coffee breaks, lunches and CLA
Amsterdam 2004 documentation.
Fore more information, contact the general office
of CLA Amsterdam 2004: +33 141 31 62 61
Confirmation
An invoice will be sent as soon as we receive your
registration form.
Upon payment, you will receive a receipt and some
useful information for attending the event.
Cancellation
If a participant wishes to cancel his/her registration,
he/she must give written notice of such cancellation
30 days before the event. In this case, 75% of registration
fee will be reimbursed.
After this date, the organiser will retain the totality
of such fees. For all cancellations, written confirmation
must be obtained from the organiser.
You may select a substitute any time before the
conference. Please notify us of any name changes.
Payment
You can sign up on line, by fax, by mail or over
the telephone +33 141 31 62 62
Prices are indicated without taxes (please add
19% VAT).
Credit card
❏ Visa ❏ Master Card
❏ Eurocard ❏ American Express
€
Total amount to be charged:
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Expiration date: - - / - Date:
Signature
I want to become a CLA member
❏ Regular Member
250
❏ Corporate Counsel
200
❏ Admitted less than 5 years
200
❏ Associated (non-attorney)
500
❏ Govt/Law Professor
175
❏ Student
100
Payment in US $ to CLA - info: www.cla.org
US$
US$
US$
US$
US$
US$
Accommodation
Mar-Tech & Finance has negociated a quota of
bedrooms at discounted price:
Single
Double Room
Hilton Hotel Amsterdam
220€
240€
This rate is inclusive of service, VAT, city tax.
It is exclusive of breakfast which is at 24.5€
per person. Hilton reservation: +31 207 106 000
AMS Toro Hotel
156,50€
Including breakfast buffet. +31 206 737 223
Centre Nautique Paris-Boulogne • face au 36 quai Alphonse Le Gallo • 92100 Boulogne Billancourt • France
Tel : 33 141 31 62 62 • Fax : 33 141 31 09 64 • www.cla-amsterdam.com
Mar-Tech & Finance • +33 141 31 62 62
Terms of payment