ITechLaw eNews, July, 2009: Sandra A. Jeskie, Editor in Chief

Traveling Fellowship Award: The Opportunity of a Lifetime

The International Visiting Associate Program (IVAP) provides important business benefits to existing member law firms and their associate lawyers, offering a unique cross-cultural experience for IT and telecom lawyers. The IVAP Committee presents an annual Traveling Fellowship Award, sending associates to law firms worldwide for 4 to 10 weeks to gain experience professionally and socially as well as network with other practitioners.

ITechLaw's 2009 Traveling Fellowship Award Winner from the 5th International Asian Conference in Gurgaon, Talha Salaria, has been travelling to the following law firms: Setterwalls in Göteberg, Sweden, CMS Hasche Sigle in Stuttgart, Germany, Dr. Widmer & Partners in Bern, Switzerland, Lovells in Münich, Germany, Gassauer Fleissner in Vienna, Austria and she is currently at her final destination at Matheson Ormsby Prentice in Dublin, Ireland.

Below are three excerpts from Talha's reports:

1. Setterwalls in Sweden
"I reviewed the EU Directive on Point of Single Contact and provided my views on issues raised, which I understand is a hot topic of debate in the EU. I also conducted research on EU patent laws from the perspective of the Paris Convention, the PCT and the EPC."

2. CMS Hasche Sigle in Stuttgart
"I participated in a matter regarding software development documentation between a Slovenian company and a German company. It was very interesting to observe the behavior and style of negotiations between parties from different jurisdictions."

3. Dr. Widmer & Partners in Bern
"I had the opportunity to attend a session of the parliament. I could draw comparisons between the parliamentary sessions held in India and those held in Switzerland and was able to share and exchange information with my lawyer colleague."

Further reports on Talha's visits at Lovells, Gassauer Fleissner and Matheson Ormsby Prentice will be included in the August issue of eNews.

CommitteeWatch: I-WIN and IP Law

In this segment we provide you with updates on our broad spectrum of committees including substantive law committees (e-commerce, data protection, intellectual property and outsourcing), publications, women's international network, membership development, education and more.

For a full list of ITechLaw's committees, visit the ITechLaw website. You may also log in to the Member Center and opt-in to committees that interest you.

This month CommitteeWatch puts the spotlight on the ITechLaw Women's International Network (I-WIN), chaired by Board Member Francoise Gilbert and the IP Law Committee chaired by Board Member Susan Barty.

I-WIN is pleased to note that approximately 12 out of 29 new members reported in the previous month were women. One of I-WIN's primary goals is to increase representation of women in ITechLaw. The percentage of women members has steadily increased since I-WIN's launch in 2007. I-WIN encourages you to spread the word about this important committee. If you or your colleagues would like to join or receive more information, please contact Francoise Gilbert at

The IP Law Committee presents a link for papers on the patentability of computer programs submitted to the Enlarged Board of Appeal of the European Patent Office. The paper, submitted on behalf of the Committee, is also accessible on the ITechLaw website IP Committee page. Additionally, following a successful discussion on keywords and trademark infringement that took place at the ITechLaw Annual Conference in May 2009, the IP Law Committee welcomes comments and suggestions for topics to discuss at the upcoming European Conference in Brussels in November 2009. Contact Susan Barty for more information.

The eNews Sampler: Brief Monthly Updates

In addition to ITechLaw's quarterly online law journal for members, the eBulletin (requires log in), ITechLaw often provides 1-2 short articles in the eNews each month. eNews articles not only cover short legal updates but also give members an opportunity to share their unique professional experiences as they relate to ITechLaw.

ITechLaw encourages members to contribute to its publications. For more information or to submit your articles, please contact us. Submissions are subject to editorial discretion. Articles not used in eNews may be used in the eBulletin and vice versa.

Completing Administrative Procedures Electronically: European Commission to Boost Cross-Border Services by Means of Up-to-Date Technology
by Felix Hofer
Studio Legale Associato, Hofer Loesch Torricelli

The European Commission will co-finance a project driven by Austria, France, Germany, Greece, Italy, the Netherlands, and Poland helping public administrations to improve online services for the service sector. By the end of 2009, each EU Member State will have established points of single contact where companies can complete administrative procedures electronically. While it will allow for example a Belgian service provider to complete all the necessary formalities to open a cafe in the Netherlands online, the pilot project will work on further enhancing the quality of electronic procedures. More than EUR 14 million will be invested over three years into the pilot project, half of which will come from the EU's Competitiveness and Innovation Programme.

Irish Data Retention Bill Published
by Don McAleese
Matheson Ormsby Prentice

The Irish Minister for Justice, Equality and Law Reform has published the Communications (Retention of Data) Bill 2009. As drafted, the Bill will require "service providers" (persons engaged in the provision of a publicly available electronic communications services or a public communications network by means of a fixed line or mobile telephones or the Internet) to retain specified data for periods of between 2 years in the case of data relating to fixed network telephony and mobile data, reduced from 3 years which is the current requirement under Part 7 of the Criminal Justice (Terrorist Offences) Act 2005, and 1 year in the case of data relating to internet access, internet email and internet telephony.

The data must disclosed on the request of:

1. A member of the Garda Síochána (Irish police) not below the rank of Chief Superintendent, where that person is satisfied that the data are required for:

(a) The prevention, detection, investigation or prosecution of a "serious offence" (one that is punishable by a term of imprisonment of 5 years or more or an offence which is specifically identified in the schedule);

(b) The safeguarding of the security of the State;

(c) The saving of human life.

2. An officer of the Permanent Defense Force not below the rank of Colonel, where that officer is satisfied that the data are required for the purpose of safeguarding the security of the State.

3. An officer of the Revenue Commissioners (not below the rank of Principal Officer) where that officer is satisfied that the data are required for the prevention, detection, investigation or prosecution of a "revenue offence" (an offence under specified provisions of Irish Customs, Taxes or Finance Act legislation).

The Bill makes it clear that its provisions do not apply to the content of communications transmitted by means of fixed network telephony, mobile telephony, internet access, internet email or internet telephony. The Bill will also repeal Ireland's pre-existing data retention legislation (Part 7 of the Criminal Justice (Terrorist Offences) Act 2005) and will also implement Directive 2006/24/EC on the retention of data generated or processed by or in connection with the provision of publicly available electronic communications services or of public communications networks.

News About ITechLaw Members

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Franklin Pierce Law Center in conjunction with University of Limerick organizes on July 24-25, 2009 in Limerick, Ireland, a CLE course for experienced corporate counsel and outside practitioners on "Advertising Law in the United States and Europe: The Challenges Ahead." ITechLaw Board Member Felix Hofer was invited to join a panel discussing "Green Marketing Claims."

ITechLaw Advisory Board Member Esther Nunes' law firm, Pinheiro Neto Advogados, has been named "Brazil’s Law Firm of the Year 2009." This is the fourth consecutive time the firm has been recognized in this way, having won the inaugural award in 2006.

ITechLaw Board Member Rajiv Patel will serve as Program Chair for PLI's course of Advanced Patent Prosecution. The program in August 17 and 18 in San Francisco, CA. More information can be found here.

Dr. Ursula Widmer, President of ITechLaw, was invited by the German davit (, the IT- and Telecom Lawyers working group, with 650 members, within the German Bar Association for the 10th anniversary of the davit working group. Pictured to the right: Dr. Ursula Widmer, President ITechLaw and Dr. Astrid Auer-Reinsdorff, Chairperson of the






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President's Column, by Ursula Widmer

Dear ITechLaw Members and Colleagues,

Many of you have already experienced the work taking place within our Committees. You may have visited the website and have seen our Committees, but have not yet worked closely with one. So let me highlight the work of a few of our Committees to show what benefits you can receive from getting involved.

The Local Representative Committee is devoted to building a closer working relationship with ITechLaw lawyers on a regional level (Europe, United States and Canada, India, China and Taiwan, Latin America), through activities such as cooperation on legal projects or working sessions and seminars of the LR committees. The European LR Committee will be holding it European meeting on March 20, 2010 in Rome.

I-WIN (ITechLaw Women’s International Network) Committee gives ITechLaw women members an opportunity to interact and network. This Committee meets regularly at the three ITechLaw International Conferences (eg. in Brussels in November). In between the conferences, the members use the I-WIN list serv in order to connect, get answers to their questions, such as legal advise or other important business information. So a member, as an example, can get an international overview on a topic within a few hours or maximum days, which is of great value to the legal community and its clients.

The Education Committee will hold their Latin American CyberSpaceCamp in Brazil this year. These Camps will be held in Sao Paulo on September 24-25 and in Rio de Janeiro on September 28-29.

Our four Substantive Law Committees were established at the ITechLaw Conference in Chicago in April 2007 and are devoted to the areas of law most central to ITechLaw’s members: Data Protection, E-Commerce, Outsourcing and Intellectual Property. If you have a specific interest in these areas, you might want to join your peers and actively contribute to various Committee projects, such as the multi-jurisdictional project on "e-Payments and Fraud Prevention" currently being undertaken by the E-Commerce Committee.

All of you regularly receive the eNews and eBulletin, and the Publications Committee would be happy to receive your articles. All submissions are subject to editorial discretion and are accepted on a rolling basis.

Stay tuned to the eNews and the CommitteeWatch section to learn about a different Committee and their activities each month. Many of the Committees publications will be posted on ITechLaw’s new website, to be launched at the end of July.

I kindly invite you to contact me whenever you would like to get involved or the Committee Chairs, who can be found on the website, along with a full list of our Committees.

With my best regards,

Ursula Widmer
ITechLaw President

ITechLaw 2009 Annual European Conference:

Brussels, Belgium

5-6 November, 2009

ITechLaw is pleased to announce its annual European Conference, to take place is Brussels, Belgium at the Radisson Blu Royal Hotel.

Look for a formal conference site launch complete with program and registration information in the August issue of eNews.

Visit the ITechLaw conference calendar for the most recent information on all of ITechLaw's events.

Seattle Conference Attendees: Download Your Conference Materials Online

Remember, attendees of ITechLaw conferences enjoy easy online access to conference materials. This includes papers presented and PowerPoint presentations corresponding to each topic on the conference schedules. This is the perfect way to update your knowledge.

To access your materials, click here and log in using your ITechLaw membership information.

Contact us with any questions about logging in.

Refer a Colleague to ITechLaw

During these challenging economic times, connecting with peers and staying informed about the latest legal topics is more critical than ever. ITechLaw thanks its members and dedicated officials for their participation in the association.

We encourage you to refer your colleagues to ITechLaw and ask that each member forward this invitation to five colleagues in the field of technology law. Please take a moment to email us to let us know whom you have referred.

With your ongoing support, ITechLaw will remain the world's largest organization of its kind, leading technology lawyers into the future of this exciting field of practice for years to come.

Thank you for being a part of ITechLaw!

ITechLaw Welcomes Its Newest Members!


Organization Location

Joseph Arinze

Emeka Arinze & Co Lagos

Barna De

University of Washington Seattle, WA

Amy Peng

University of Washington Seattle, WA

Christine Schleppegrell

Univeristy of Washington Seattle, WA

Paul Sewell

Seattle University Seattle, WA

Carmen Wong

University of Washington Seattle, WA



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