Berlin Photo
Matthew Mousley, Editor-in-Chief
August 2010
In This Issue
Call for Committee Leadership Nominations - Due September 10, 2010
Find us on Facebook, Twitter, and LinkedIn!
Chinese ccTLDs: .cn Brand Owners Protect Their Rights? An ITechLaw Breakfast Seminar
Microsoft to Speak at September 16 ITechLaw Networking Roundtable, Brussels
2010 European Conference Updates and Key Deadlines
Call for Papers Now Open for 2011 Annual Conference - Due September 1, 2010
Global Industry Briefs
ITechLaw Member Spotlight
ITechLaw New Members
Call for Nominations:
Committee Leadership Positions
ITechLaw is currently accepting nominations for co-chairs and vice-chairs for all of our Association's committees (see list below). All Association members are eligible for appointment. The deadline for all submissions is September 10, 2010. To nominate yourself or another member, please provide a brief statement of the nomination to ITechLaw Member Services.
We offer the following suggestions to members who are interested in submitting an application or nomination:
  • Tell us generally about yourself or your nominee
  • Tell us about your or your nominee's relevant experience.
  • Tell us about your or your nominee's commitment to ITechLaw.
  • Distinguish yourself or your nominee.
The appointment process is an opportunity to encourage participation and maintain diversity in the Association's leadership. We look forward to receiving your nominations and announcing the new committee positions.
conferenceThe ITechLaw Committees currently accepting nominations for co-chairs and vice-chairs are as follows:
Substantive Law Committees
& Working Groups:
  • Arbitration & Mediation
  • Data Protection
  • E-Commerce
  • Intellectual Property
  • Outsourcing
  • Virtual Worlds/Video Games
Organizational Committees:
  • Education Committee
  • European Conferences Committee
  • Global Sponsorship Committee
  • In-House Lawyer/Legal Counsel Committee
  • International Visiting Associate Program (IVAP) Committee
  • ITechLaw Women's International Network (I-WIN)
  • Local Representatives' Committee
  • Membership Committee
  • Program Committee
  • Publications Committee (eNews and eBulletin)
  • Public Policy Committee (NEW)
  • Social Media Committee (NEW)
  • Substantive Law Committee
  • Webinar Committee
  • Website Committee
Please  refer to the ITechLaw website for additional details on each committee.
Find Us On Facebook, Twitter, and LinkedIn!

ITechLaw has recently increased its presence on popular social media networks.


Find us on FacebookITechLaw is on Facebook at a public-facing ITechLaw conference page, and there is also an ITechLaw Group for ITechLaw members only. These outlets provide yet another way to find out quickly what's happening within the organization and easily connect with your ITechLaw colleagues. We encourage you to find us on Facebook - become a fan of ITechLaw, and join the ITechLaw members group today!


Follow us on TwitterITechLaw is also now on Twitter. Follow @itechlaw_assn for the latest on our Association updates and tech law developments.

View our profile on LinkedIn Finally, we continue to offer an exclusive LinkedIn group for ITechLaw members only to network - if you are not yet a member of this group, request to join us today!
Chinese ccTLDs: .cn Brand Owners Protect Their Rights? ITechLaw Hong Kong Seminar
Gabriela KennedyBy Gabriela Kennedy
Hogan Lovells, Hong Kong

Dennis Cai, Assistant Secretary General of the Hong Kong Arbitration Centre, will discuss the challenges and recent trends in relation to the recovery of Chinese (.cn) domain names through alternative dispute resolution proceedings, the impact of the new registration requirements in relation to domain names in the .cn country code top level domain (ccTLD), and the new rules of recovery of Chinese Internet keywords at an ITechLaw breakfast seminar taking place at Hogan Lovells in Hong Kong on September 9, 2010, beginning at 7:45 a.m.

The seminar will be particularly relevant to all intellectual property and technology law practitioners, as Dennis will cover some of the challenges faced by brand owners in protecting their rights and interests in China, the largest and fastest growing market in the world. 
If you are interested in attending, please RSVP. For enquries or additional information, please contact Kelsey Lau (+852-2840 5909). 
Gabriela Kennedy is an ITechLaw Local Representative in Hong Kong, and will moderate this breakfast seminar. For more information on ITechLaw activities in Hong Kong, please contact Gabriela Kennedy at

Microsoft to Speak at Upcoming ITechLaw Brussels Roundtable
conferenceBy Steven De Schrijver
Lorenz, Brussels

Ronald Zink, Associate General Counsel for Microsoft, will be the featured speaker at an upcoming ITechLaw Networking Roundtable to be held on September 16, 2010 in Brussels, Belgium. Mr. Zink will speak on the topic "Navigating the Regulatory and Contractual Challenges of Cloud Computing" at the Stanhope Hotel at 17:30. Immediate Past President of ITechLaw, Ursula Widmer, Dr. Widmer & Partners, will provide Welcome Remarks.

Cloud computing has changed and will continue to change the way that companies and governments do business. The borderless nature of cloud computing poses new challenges for regulation and contracting practices in the IT area. As cloud computing becomes more and more common, it is important for you and your clients to understand it and stay on top of recent developments in managing the legal challenges it poses.
Although this event is near capacity, if you would like to attend this ITechLaw Networking Roundtable, please contact ITechLaw Member Services to register or to be placed on the waiting list.
We look forward to seeing you in Brussels!

Steven De Schrijver is an ITechLaw Local Representative in Belgium, and will moderate this Networking Roundtable. For more information on ITechLaw activities in Belgium, please contact Steven De Schrijver at


2010 European Conference Updates
conferenceconferenceBy Kiran Sandford
Mishcon de Reya 
Christian Frank
Taylor Wessing, Munich
As a conference chairs for the upcoming 2010 European Conference in Berlin, we are delighted to inform you that a comprehensive speaker list and detailed program are now available online at the 2010 European Conference website.
In addition, please be reminded of the following upcoming deadlines:
Attendance at the ITechLaw conferences continues to grow each year - we are expecting nearly 300 attendees at the 2010 European Conference!
2011 Annual Conference Call for Papers
Due September 1, 2010
conferenceDear Colleagues,

We are pleased to announce the Call for Papers for the next ITechLaw 2011 World Technology Law Conference & Annual Meeting being held in San Francisco, California, USA on May 12-13, 2011.
In recognition of ITechLaw's 40th anniversary (1971-2011), the ITechLaw 2011 World Technology Law Conference & Annual Meeting will offer a special look back at fundamental developments in technology law in recent years and address key issues that will drive challenges and opportunities in the future.
If you have an issue or development in technology law that would fit within the conference theme and make an interesting presentation or panel, please submit a short one-paragraph description of the topic that includes why you consider this to be timely and relevant for inclusion in the conference.
For all submissions, please also include a brief biography of the proposed speakers, as well as a brief summary of each proposed speaker's qualifications or experience to address this particular topic.

Please submit your proposal by Wednesday, September 1, 2010 to
Speakers can expect to be notified of the status of their proposals by October 21, 2010.

Sandra A. Jeskie, President and Conference Co-Chair
John Beardwood, Program Committee Chair
Michael Peeters, Conference Co-Chair
Rory Radding, Conference Co-Chair
Global Industry Briefs
Federal Court of Canada Restricts Definition of "Commercial Activity" under PIPEDA 
Submitted By Wesley Ng and Richard Owens
Stikeman Elliott, Toronto
State Farm Mutual Automobile Insurance Company v. The Privacy Commissioner of Canada et al., 2010 FC 736
On July 9, 2010, the Federal Court of Canada restricted the scope of the definition of "commercial activity" under the Personal Information Protection and Electronic Documents Act (PIPEDA) when the court was asked to determine whether the provisions of PIPEDA apply to evidence collected by an insurer, on behalf of an insured in a tort action.
The court determined that whereas PIPEDA generally applies to how organizations collect, use, or disclose personal information in the course of commercial activities in the Canadian market, "commercial activities" could not be interpreted so broadly as to allow PIPEDA to require disclosure of information protected by solicitor-client privilege or litigation privilege.
In addition to ITechLaw's quarterly online law journal for members, the eBulletin, ITechLaw often provides 1-2 short articles in eNews each month.
eNews articles cover not only 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.

Please submit articles for the eNews by the 8th of each month to 
ITechLaw Member Spotlight
Truiken Heydn, partner of teclegal Habel Rechtsanwälte Partnerschaft, Munich, Germany, contributed a 29-page chapter on second-hand software to  the 28th edition of the Computer Law Handbook (Computerrechts-Handbuch) by Kilian/Heussen. The chapter addresses various sales scenarios involving second hand licenses, second-hand computer hardware with installed software, second-hand certificates of authenticity, and the sale of backup copies and second-hand original data and media. 

Javier Fernandez-Samaniego, managing partner of Bird & Bird (Spain) LLP and the Madrid office of Bird & Bird led a team that recently obtained a preliminary reference from the Spanish Supreme Court to the European Court of Justice regarding the compatibility of Spanish Data Protection Regulations with the corresponding European directive. The case was brought on behalf of the Spanish Digital Economy Federation (FECEMD), an institution that aggregates Spanish marketing, e-commerce, distance selling, call center, and fundraising associations.

Submit your member news today! Submit by the 8th of each month for inclusion in that month's eNews.

ITechLaw Welcomes Its Newest Members!
NameOrganizationCity, State
Ishila BhattacharyaGenpactLondon, United Kingdom
Renato BlumOpice Blum Attorneys at LawSao Paulo, Brazil
Anthony EvansAnthony Evans & Co.Pokfulam, Hong Kong
Rajeshwari Hariharan K&S PARTNERSGurgaon, India
Dorothea KettrukatTata Consultancy ServicesAmsterdam, Netherlands
Mark MacNeilTELUS Health SolutionsLongueuil, Canada
Benjamin MayAramis Société d'AvocatsParis, France
J. Friedrich NiebuhrNESSELHAUF RechtsanwälteHamburg, Germany
Andrea PatzakMayer Brown LLPFrankfurt Main, Germany
N. Raja SujithMajmudar & Co. International LawyersBangalore, India
Mei ZengAmerican UniveristyHyattsville, MD, United States
President's Column
By Sandra A. Jeskie


Dear ITechLaw Members and Colleagues,
The work of ITechLaw, through its committees, is the foundation and heart of our productive efforts as the largest and most influential organization of IT lawyers in the world.  We can do our work only with your generous support, participation, and leadership.
I am very pleased to tell you about our new leadership policies and invite you to become actively involved or continue your involvement in the work of our committees and leadership of our organization. 
We are committed to being all-inclusive, and in that spirit, we have created new leadership policies that limit most of the yearly appointments to be renewable for only one additional year. This means that there will be more turnover and an opportunity for active members to move up the Committee leadership chain.  We encourage you to nominate yourself, not just others.
As President, it is my responsibility to recruit a new class of leaders to serve during the 2010-2011 Association year.  ITechLaw leadership now includes Co-Chairs and Vice Chairs of 21 committees.  Each year approximately half of these leadership positions are open for appointment. 
I invite and encourage you to seek or nominate members for committee leadership positions for the 2010-2011 year.  We are reviewing applications and nominations for appointments now, so please submit your completed nomination by September 10, 2010 to ITechLaw Member Services, consistent with the suggested guidelines. Remember, ITechLaw membership is a prerequisite for committee membership and leadership positions.
We welcome and encourage all members to become active in ITechLaw. Your time, energy, and enthusiasm will make a real difference in our work.
You need not wait to get involved - sign up today to be a member of a committee by choosing from this roster of our substantive law and organizational committees. You can then become involved in a particular project. 
Best Regards,
Sandra A. Jeskie
President, ITechLaw

Upcoming ITechLaw
ITechLaw Networking Roundtable - Chinese ccTLDs: .cn Brand Owners Protect their Rights?
September 9, 2010
Hogan Lovells, Hong Kong
7:45 - 9:00 a.m.

ITechLaw Networking Roundtable: Navigating the Regulatory and Contractual Challenges of Cloud Computing

September 16, 2010
Brussels, Belgium 


ITechLaw Networking Roundtable: Software as a Service (SaaS)
September 23, 2010
Boston, MA
Additional Details Coming Soon!


ITechLaw 2010 European Conference 

October 28-29, 2010
Berlin, Germany

Early Bird Registration Ends September 17, 2010!


February 3-4, 2011
Bangalore, India


2011 World Technology Law Conference & Annual Meeting
May 12-13, 2011
San Francisco, CA
Now accepting speaker proposals  - Deadline for Call for Papers is September 1, 2010! Send all submissions to
Contact Us!


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