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Toronto Chapter of the Licensing Executive Society Luncheon Meeting

DATE:
Monday, April 2, 2007

TIME: 12:15 p.m.

VENUE:
[NOTE NEW LOCATION!]
Gowling Lafleur Henderson LLP
       
Suite 1600, 100 King Street West
First Canadian Place 
Toronto ON M5G 1X5

TITLE:
Licensing in Other Languages: Contract Law and Dispute Resolution in Civil Law Systems

SPEAKER:
Paul Jones, Principal, Jones & Co., Toronto

With assistance from Natalia Treneva, Jones & Co., formerly a member of the Sofia Bar Association, Bulgaria; and from 黎红涛 (Li Hongtao or Tony Li) of 证泰律师事务所 (Zhengtai Law Office), Beijing, People’s Republic of China.

Most non-English speaking countries have civil law systems of jurisprudence. While These systems have many similarities to common law systems, the basic assumptions on how law is developed and used are quite different.  When they are negotiating licenses lawyers from the two systems do not usually speak the same language in more ways than one. This discussion will:

  • Provide an overview of the basic principles and logic of the two systems,
  • Outline differences in contract formation and drafting, including the role of good faith,
  • Examine differences in dispute resolution and choice of law issues.

Paul practices intellectual property, licensing and competition law, primarily internationally, with his own firm in Toronto. Paul’s practice is focused on advising clients on the distribution of their goods and services in the international marketplace. His firm is multi-lingual and experienced in both civil law and common law drafting and dispute resolution

Last November Paul presented a paper at a conference at Beijing Normal University’s Zhuhai Campus on the development of regulations for franchising in China’s civil law system. The paper examined interpretations of China’s franchise regulations developed by common law lawyers in the U.S. and the correct civil law interpretations. The paper is now forthcoming in a University of Pennsylvania law review, China Law and Policy Review, and is currently being used by the former general counsel to the U.S. Congressional-Executive Commission on China to teach her course on the “Development of China’s Legal System” at John Hopkins University in Baltimore.

Natalia earned her MA degree in law from the University of Sofia, Faculty of Law in Bulgaria (Софийски Университет, Юридически факултет). She practiced law in Sofia for nine years where she built her internationally oriented firm. Much of her practice was in the area of International Maritime Law, including commercial contracts, Charter Party disputes, international arbitration and civil litigation.

Hongtao (Tony) has a Master of Law from the中国社会科学院 (Chinese Academy of Social Sciences) and a Bachelor of Law from 人民大学(Renmin or People’s University) in Beijing. From 1995 until 2006 he was employed as a corporate counsel at China Aviation Industry Corporation in Beijing. Most recently he was the Senior Corporate Counsel International responsible for the negotiation of all international agreements, including technology transfer agreements, joint-venture agreements, and co-operation agreements with companies such as Boeing, Airbus, GE, BMW-Rolls Royce, and United Technologies.

COST:
$25.00. Includes a light lunch and is payable at the door.

RSVP:  
Please confirm your attendance.

CONTACT:  
Rosa Tomassi at Gowling Lafleur Henderson LLP
E-mail: mailto:rosa.tomassi@gowlings.com

Any other questions may be directed to James Longwell, Gowlings, Co-Chair of the LES Toronto Chapter (james.longwell@gowlings.com; 416-862-4325)




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