Sections

Legal and regulatory issues

14th October 2005, Friday

Copyright protection for ISV business

Ekaterina Gromova

Microsoft
LC Communication Specialist, License Compliance Group

- Intellectual Property and types of IP
- Copyright protection: law, enforcement data, preventive measures
- Copyright holders and its roles

Topic language Russian

Documents for isdef memebers only

'Achilles' Heel of Source Code Licensing: Licensor's perspective

Dmitri I. Dubograev

International Legal Counsels PLLC, USA
CEO

- major legal ramifications of source code licensing
- types and purposes of source code licensing
- clear definitions: what exactly you are licensing?
- restrictions on use and transfer
- precautionary protective measures
- warranties and covenants of licensee
- disclaimers and limited warranties of licensor
- "boiler plate" provisions and significance in the source code licensing context.

Topic language Russian

Documents for isdef memebers only

Audio file for isdef memebers only

How to Steal $1 Billion (And Do It Perfectly Legally: Software Patents, Patent Litigation, and VERY BIG Awards)

George S. Bardmesser

Bardmesser Law Group
Registered Patent Attorney

In recent years, software patents have evolved from something exotic, and the subject of “religious” wars, to mainstream, at least in the United States. In the early days of software patents, some questioned their enforceability.
However, as the patent litigations of recent years showed, software patents are just as enforceable as any other. Equally, important, the dollar amounts awarded as damages (or in settlement) have reached into the hundreds of millions of dollars. For example, Google and Microsoft had to pay out gigantic awards to hostile patent owners.
This presentation surveys the recent software patent litigations in the United States, with a particular emphasis on cases with large awards.

Topic language Russian

Documents for isdef memebers only

Audio file for isdef memebers only

New developments in the EU legal requirements for E-Commerce

Alexandre Kolosovski

International Legal Counsels PLLC, France
EU office partner

New developments in the EU legal requirements for E-Commerce (web sites interfaces, ISPs Liability, Data protection
issue, customer protection requirements)
Legal tools for protection of Intellectual property rights and related rights.
Future of the EU Patent Directive and current application of Article 52 of EPC (European Paten Convention) by the EC Member States National Courts.

Topic language Russian

Documents for isdef memebers only

Audio file for isdef memebers only

Peculiarities of Trademark Law and trademark registrations in the USA.

Maria Eliseeva

Houston Eliseeva LLP, Boston, MA, USA
co-founding partner

- trademark rights and significance of a federal trademark registration;
- naming the actual trademark owner as applicant in the trademark application;
- consequences of naming an incorrect applicant;
- use and how to prove use in commerce;
- assignment of rights;
- obtaining and maintaining a trademark registration;
- obtaining and maintaining a registration based on the Paris Convention or Madrid Protocol.

Topic language Russian

Documents for isdef memebers only

Audio file for isdef memebers only

What is the cost of the programs and those, who write them?

Michail Radchenko

Center for the Transfer of Technologies of the Fund for Algorithms and Programs Patenting
CEO

- how and in what, and the most important – what for shall be IT-developments and IT-technologies measured
- objects/subjects, causes/purposes of appraisal
- metrics/methods/standards of appraisal or “The Main Auditors’ Secret”
- the formal status of NPF as a basis of any numerical metrics
- appraisal of IT-developers as a top stop of the cost of their developments
- alteration of valuation at the stages of a life cycle of IT-development and IT-technology
- appraisal upon transfer (licensing, sale) of IT-developments to developed markets
- Russian practice of appraisal of IT-developments and IT-technologies

Topic language Russian

Audio file for isdef memebers only

16th October 2005, Sunday

Doing business in US - not as difficult as it may seems

Yuri Bakay

MindCruncher LLC, USA
CEO

- company in US and what you can get out of it
- US tax law - how to use it right
- virtual office - mail processing, toll-free phone number e.t.c.
- banks - what to look for and how to make a right choice
- plastic cards - so many types and flavors, how to choose
- D&B and Open Ratings - what is it and how you can use it
- business insurance
- working with local specialists

Topic language Russian

Documents for isdef memebers only

Audio file for isdef memebers only

How to organize business in Canada, and why?

Elena Reshetnikova

Gowling Lafleur Henderson LLP, Canada
Attorney

- What is the attraction?
- How to set up a business in Canada – partnerships with Canadians or independent presence
- Taxes, a.k.a. the costs of commercial freedom
- Sale of goods and services – how is it done in Canada?
- Business immigration to Canada

Topic language Russian

Documents for isdef memebers only

Audio file for isdef memebers only

Incorporation of a Business in England and Wales

Nina Tsiporina

Goodman Derrick, UK
Solicitor

- Advantages of Setting Up a Business in England and Wales
- Vehicles for Business: Partnerships, LLPs and Companies
- Requirements for incorporation in England and Wales: legal, administrative, procedural
- The cost of setting up and running a company/partnership/LLP
- IP and Software protection in England and Wales

Topic language Russian

Documents for isdef memebers only

Audio file for isdef memebers only

Basic objectives and principles of establishing of foreign holding companies

Olga Novikova

Tax Conculting U.K. Ltd
CAO

- What is a Holding company? What are the major advantages of establishing of Holding companies?
- How to choose the jurisdiction for location of the Holding company (Cyprus, Denmark, Netherlands, Luxemburg, classic offshore jurisdictions)?
- Cash flow structuring and tax optimization of income from dividends, interest, royalties and capital gains.

Topic language Russian

Small country - great opportunities. Dutch way for software developers

Oleg Ponamarev

Department of international tax law and corporate structures of PRADO Audit LLC
Head of Department

The presentation describes a possible solution to the set of problems faced by the the Russian software developers and resellers:
- reduction of taxable income base,
- protection of business from agressive aquisitions and claims,
- business transparancy for the sake of strategic partnerships, financing and external investments in the business.

A possible key to the solution is shown. Opportunities provided by the bilateral Russin-Dutch agreement as well as corresponding tools are considered.
A concrete corporate structure and financial flows are discussed.
Economic and non-economic factors are considered.

Topic language Russian

	Ekaterina Gromova Microsoft LC Communication Specialist, License Compliance Group
- Intellectual Property and types of IP - Copyright protection: law, enforcement data, preventive measures - Copyright holders and its roles

Topic language	Russian
Documents	for isdef memebers only

	Dmitri I. Dubograev International Legal Counsels PLLC, USA CEO
- major legal ramifications of source code licensing - types and purposes of source code licensing - clear definitions: what exactly you are licensing? - restrictions on use and transfer - precautionary protective measures - warranties and covenants of licensee - disclaimers and limited warranties of licensor - "boiler plate" provisions and significance in the source code licensing context.

	George S. Bardmesser Bardmesser Law Group Registered Patent Attorney
In recent years, software patents have evolved from something exotic, and the subject of “religious” wars, to mainstream, at least in the United States. In the early days of software patents, some questioned their enforceability. However, as the patent litigations of recent years showed, software patents are just as enforceable as any other. Equally, important, the dollar amounts awarded as damages (or in settlement) have reached into the hundreds of millions of dollars. For example, Google and Microsoft had to pay out gigantic awards to hostile patent owners. This presentation surveys the recent software patent litigations in the United States, with a particular emphasis on cases with large awards.

	Alexandre Kolosovski International Legal Counsels PLLC, France EU office partner
New developments in the EU legal requirements for E-Commerce (web sites interfaces, ISPs Liability, Data protection issue, customer protection requirements) Legal tools for protection of Intellectual property rights and related rights. Future of the EU Patent Directive and current application of Article 52 of EPC (European Paten Convention) by the EC Member States National Courts.

	Maria Eliseeva Houston Eliseeva LLP, Boston, MA, USA co-founding partner
- trademark rights and significance of a federal trademark registration; - naming the actual trademark owner as applicant in the trademark application; - consequences of naming an incorrect applicant; - use and how to prove use in commerce; - assignment of rights; - obtaining and maintaining a trademark registration; - obtaining and maintaining a registration based on the Paris Convention or Madrid Protocol.

	Michail Radchenko Center for the Transfer of Technologies of the Fund for Algorithms and Programs Patenting CEO
- how and in what, and the most important – what for shall be IT-developments and IT-technologies measured - objects/subjects, causes/purposes of appraisal - metrics/methods/standards of appraisal or “The Main Auditors’ Secret” - the formal status of NPF as a basis of any numerical metrics - appraisal of IT-developers as a top stop of the cost of their developments - alteration of valuation at the stages of a life cycle of IT-development and IT-technology - appraisal upon transfer (licensing, sale) of IT-developments to developed markets - Russian practice of appraisal of IT-developments and IT-technologies

Topic language	Russian
Audio file	for isdef memebers only

	Yuri Bakay MindCruncher LLC, USA CEO
- company in US and what you can get out of it - US tax law - how to use it right - virtual office - mail processing, toll-free phone number e.t.c. - banks - what to look for and how to make a right choice - plastic cards - so many types and flavors, how to choose - D&B and Open Ratings - what is it and how you can use it - business insurance - working with local specialists

	Elena Reshetnikova Gowling Lafleur Henderson LLP, Canada Attorney
- What is the attraction? - How to set up a business in Canada – partnerships with Canadians or independent presence - Taxes, a.k.a. the costs of commercial freedom - Sale of goods and services – how is it done in Canada? - Business immigration to Canada

	Nina Tsiporina Goodman Derrick, UK Solicitor
- Advantages of Setting Up a Business in England and Wales - Vehicles for Business: Partnerships, LLPs and Companies - Requirements for incorporation in England and Wales: legal, administrative, procedural - The cost of setting up and running a company/partnership/LLP - IP and Software protection in England and Wales

	Olga Novikova Tax Conculting U.K. Ltd CAO
- What is a Holding company? What are the major advantages of establishing of Holding companies? - How to choose the jurisdiction for location of the Holding company (Cyprus, Denmark, Netherlands, Luxemburg, classic offshore jurisdictions)? - Cash flow structuring and tax optimization of income from dividends, interest, royalties and capital gains.

	Oleg Ponamarev Department of international tax law and corporate structures of PRADO Audit LLC Head of Department
The presentation describes a possible solution to the set of problems faced by the the Russian software developers and resellers: - reduction of taxable income base, - protection of business from agressive aquisitions and claims, - business transparancy for the sake of strategic partnerships, financing and external investments in the business. A possible key to the solution is shown. Opportunities provided by the bilateral Russin-Dutch agreement as well as corresponding tools are considered. A concrete corporate structure and financial flows are discussed. Economic and non-economic factors are considered.

ISDEF

Legal and regulatory issues