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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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