Marunouchi Hall & Conference Square
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.
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