Marubiru 2-4-1 Marunouchi, Chiyoda-ku,
Tokyo, 100-6307 Japan
Topic 1: What Are the Most Important Patent Issues for Japanese Companies to Understand in 2017?
A survey across Asia, Europe and the United States of matters of critical importance to companies obtaining, managing, licensing, selling and litigating patents
- How is the Supreme Court of the United States shaping the value of patents in the United States?
- What are the effects of the US post-grant review system on global patent portfolios and monetization strategies?
- What, if any, impact will Brexit have on patent strategies in Europe, and how might this affect the unitary patent system?
- What will be the long-term effects of the sharp increase of patenting in China?
- Will we ever reach harmony in patent laws across the world?
- And other topics that will be timely for patent prosecutors, managers and litigators
Topic 2: A 360° Look at Post-Grant Proceedings in the United States
The impact of post-grant proceedings on the Patent Trial and Appeal Board (PTAB), the courts and the Patent Examining Corps
- How does the post-grant timeline affect court and patent examination timelines? Who goes first?
- What is the scope of post-grant estoppel? How and when is it applied at the US Patent and Trademark Office (USPTO) and the courts?
- Can secondary considerations win the case? How can necessary evidence be obtained?
- Claim amendments in post-grant review—real or imaginary? Who bears the burden? What are the alternatives?
- And other late-breaking topics
Workshop 1: Transfer Pricing
- Determining appropriate transfer pricing arrangements
- Documenting transfer pricing arrangements
- Substantive aspects of G-20/Organisation for Economic Co-operation and Development (OECD) project on base erosion & profit shifting (BEPS)
- Intangible property
- Location savings
- Marketing intangibles
- Risk allocation
- Information sharing aspects of G-20/OECD project on BEPS
- BEPS implementation/impact with focus on Japan and United States
- Transfer pricing enforcement
- Impact of tax treaties
- Advance approval of transfer pricing arrangements (bilateral and unilateral)
- Resolving transfer pricing cases pursuant to Japan-US Income Tax Treaty
- Impact of Trump administration on transfer pricing and international tax planning
Plenary Session 1: Implications of Trump Administration for US Trade and Regulatory Policy
- US – Japan trade policy outlook
- Early predictions about US–Japan trade policy
- U.S. trade agreements with Asia
- Other US free trade agreements
- World Trade Organization (WTO) initiatives
- Tax approach to imports and exports
- US regulatory policy and opportunities for investment
- Energy and environmental policies
- Infrastructure investment
Workshop 2: Information Technology (IT) Integration
- Why IT integration is important to capture value expected from the M&A deal
- How to build the right team and game plan for IT integration
- IT integration challenges and best practices
- Key IT representatives/warranties and diligence topics
- Transition services agreements challenges and best practices
Workshop 3: International M&A
- Developments in M&A techniques (e.g., M&A insurance solutions)
- Directors liability
- Regulatory environment for M&A after the US elections
- Different approach to key-deal terms in the United States and Europe
- Recent M&A developments in Europe
- Foreign investment controls
- Recent developments with respect to merger control
- Impact of European-specific legislation such as works council, Transfer of Undertakings (Protection of Employment) (TUPE) and data privacy
- Corporate governance and directors liabilities in European Companies
- China's M&A development — inbound investment
- Dealing with China counterparties
- Challenges and opportunities in M&A transactions in China
Workshop 4: Data Privacy
- The changing landscape of international data protection regulations, including the new EU General Data Protection Regulation (GDPR) and new law in Asian countries
- Implications of a Trump administration on privacy and cybersecurity regulation and enforcement
- Ensuring timely compliance with the GDPR for data flows from the European Union to Japan
- Legal considerations for implementing business strategies involving the use of valuable data assets
- Interaction of data privacy compliance with other corporate compliance programs: the case of internal whistleblower reporting.
CLE credit is pending in California, Illinois, New York and Texas. A Uniform Certificate of Attendance will be made available to participants requesting CLE credit in all other states.
Jacques BuhartPartner Paris
Sarah Chapin ColumbiaPartner Boston
Daniel R. FosterPartner Orange County
Carolyn B. GleasonPartner Washington, DC
Michelle Ya-Ling GonPartner Shanghai (Strategic Alliance)
Shawn C. HelmsPartner Dallas
Jason D. KrieserPartner Dallas
Congressman James P. MoranSenior Legislative Advisor Washington, DC
Michael G. MorganPartner Los Angeles
Takashi SaitoPartner Washington, DC
Thomas SauermilchPartner New York
Jeffrey E. StonePartner – Chairman Emeritus Chicago
Tomoki TanidaPartner Washington, DC
Emmanuelle TrombePartner Paris
Dr. Boris UphoffPartner Munich
Wilko van WeertPartner Brussels