Complimentary ITechLaw Seattle Breakfast Roundtable:
Cloud Computing and Privacy
Cloud computing is more than just the latest catch phrase. It
represents today's rapidly changing technology environment,
including how we collect, store and use vital personal data.
Understanding cloud computing and how it affects your clients
will keep you at the top of your game. Network with colleagues
and learn about:
● How cloud service providers use data
● Law enforcement access to data held by cloud services
● Global implications and jurisdictional conflicts
● Business models and approaches that enhance user choice and
Featured Speaker: Mike Hintze is an Associate General Counsel in
Microsoft Corporation’s Legal and Corporate Affairs (LCA) group.
His practice includes a number of regulatory and public policy
issues, including privacy, security, telecom, online safety and
free expression matters worldwide.
CLE Credits: ITechLaw members and non-members may attend this
complimentary breakfast event. This program is expected to
qualify for 1.5 general CLE credits for Washington State. CLE
approval is pending with the Washington State Bar Association.
Date: March 4, 2010
Time: 8:30 – 10:30 A.M.
Location: Fairmont Olympic Hotel, 411 University Street,
Speaker: Mike Hintze, Associate General Counsel, Microsoft
►RSVP: Please email
firstname.lastname@example.org by February 20, 2010. Space is
Substantive Law Committee Tackles Software Patentability Issues
By Susan Barty, CMS Cameron McKenna, London
The issue of the patentability of computer software has been a
much debated issue generally, but particularly at ITechLaw, and
has been one of the key projects undertaken by ITechLaw's IP
Substantive Law Committee over the last couple of years.
Last year the European Patent Office (EPO) invited third parties
to submit written statements concerning questions on the
patentability of computer software inventions which had been
referred by the EPO President to the Enlarged Board of Appeal of
the EPO. The referral was quoted as relating to the "deeply
contentious question about how to assess the patentability of
software-related inventions" and the questions were, according
to the President of the EPO, of fundamental importance as they
relate to the definition of "the limits of patentability in the
field of computing."
This gave stakeholders a real opportunity to have a say in the
future of the patentability of software in Europe. With input
from a number of members of the Committee, and also with valued
input from Julian Potter of W.P. Thompson & Co in London, the IP
Substantive Law Committee submitted an amicus curiae brief to
the Enlarged Board of Appeal of the EPO, which was acknowledged
by commentators as being one of two genuine amicus curiae briefs
and which has now even made it into the Wikipedia entry on the
Following the making of this submission, with the significant
help from Eran Liss of Adin-Liss Law Offices in Tel Aviv, the IP
Law Committee has made a further submission on this important
topic, on this occasion to the Israeli Patent Office.
The Israeli Patent Office announced that it wishes to consider
whether its position with respect to the patentability of
computer related inventions should be changed. The approach of
the Israeli PTO with respect to the patentability of computer
software to date has been quite restrictive following two recent
important decisions: The Eli Tamir decision given in 2006, which
clarified that the PTO considered e-commerce inventions as non-patentable
subject matter, and the Elbit decision given in 2009, where an
even more restrictive approach was taken, contrary to the
position of the EPO, to the effect that even if the use of a
computer yields a technological change of a non-computerised
component of the invention, this is insufficient to render the
invention subject-matter patentable.
ITechLaw's members act for and/or
comprise numerous companies and individuals with a real interest
in the patentability of programs for computers, some of whom
favour making it easier to patent programs for computers and
others would rather it be made more difficult. Both this
submission, and the submission to the EPO, therefore attempted to
provide a balanced view which represents all of ITechLaw's
members, and which focused on problems which are common to all
members, such as certainty in the legislation.
Of course, although generally the issue of the patentability of
software is accepted in the United States, what is patent
eligible for a process incorporating software is still under a
cloud in view of the renowned case In re Bilski, which has been
argued and is currently awaiting decision by the United States
Supreme Court, and which will be the subject of continued
discussion at ITechLaw.
For more information on committee
activities, contact chairperson Susan Barty at
Traveling Fellowship Award
Association takes immense pleasure in announcing the Traveling
Fellowship Award winners for 2010 - Mr. Himanshu Khare and Mr.
During ITechLaw's 6th International Asian Conference, held in
Bangalore, India, Dr. Ursula Widmer, President of ITechLaw and
Chair of International Visiting Associate Program, and Axel
Funk, Vice Chair of the International Visiting Associate
Program, presented the award to Himanshu and Nirupam, providing
them the exciting and unique opportunity of visiting five
reputed law firms in both Europe as well as the USA.
Himanshu Khare heads the legal division for Customer Support at
WNS Global Services Pvt. Ltd, a leading global business process
outsourcing company. He is based in Mumbai and has worked
formerly with well established law firms as well as with leading
technology related companies.
Himanshu graduated from the Government Law College, Mumbai in
1998. His experience in the ICT field includes advising the
Government of Maharashtra in relation to computerisation of over
16 government hospitals and colleges across the state of
Maharashtra. In response to receiving the award he mentioned
that he is extremely excited about the opportunity to learn more
about ICT laws in other jurisdictions and to interact with
lawyers from other jurisdictions.
Nirupam Lodha is an Associate with Luthra & Luthra Law Offices
in Delhi, an Indian law firm with offices in major cities in
India. He has worked with this law firm since graduating from
National Law University, Jodhpur in 2007.
Nirupam's work experience includes drafting and negotiating
intellectual property licensing and technology transfer
agreements as well as being involved in technology related
litigations. He has also worked on Data Encryption and Data
Privacy law related issues, ISP Liability issues and other
Intellectual Property Law related matters. Nirupam is extremely
enthusiastic about the award and hopes to exchange ideas and
information about ICT laws as well as about various cultures,
thereby effectively achieving the objective of the program.
Himanshu’s and Nirupam's five week opportunity in Europe and the
US will begin in May 2010. The sponsoring law firms are looking
forward to welcoming both the awardees and wish them an
enjoyable and enriching experience, both professionally and
Don't miss out on the 2011 India conference in Bangalore and
your chance to submit either your own credentials or the
credentials of your colleague for the highly acclaimed ITechLaw
India Traveling Fellowship Award. It could be yours!
To read about how beneficial the award can be, please see the
below two statements from former award winners, Talha Salaria –
MMB Legal, 2009 Award Winner, and Sunita Jagtiani – WIPRO, 2006
said that "the TFA has been one of the most thrilling
experiences. It has not only helped me understand and
experience different cultures and the manner in which ICT
laws are implemented in various other jurisdictions but has
also opened up avenues for future growth of business,
networks and friendship."
Sunita Jagtiani said that "the program is truly a once in a
lifetime experience. I have wonderful memories of my trip and
established great relationships with each of the sponsor
firms. The work was very enlightening and interactive, which
gave me ample opportunities to learn the ICT legislations in
other jurisdictions and the processes followed by the firms
in terms of services rendered, both professionally and
6th International Asian Conference, Bangalore
Review By: Bangalore Conference
Co-Chairs (Rahul Matthan, Rajiv Patel, Sajai Singh, Ursula Widmer)
The 6th Annual ITechLaw Asian Conference was held in Bangalore
from February 4 – 5 at the Taj West End Hotel. The event started
with an Art exhibit of some emerging Indian artists, with ten
percent of the proceeds going to a foundation for ill children.
The conference began with the keynote address of one of India's
50 Most Powerful People in 2009 from Businessweek, Mr. Chetan
Maini, CEO from Reva India, Bangalore, on the manufacturing and
export of non polluting cars to Europe and the US and its legal
The morning panel discussed media, content and the challenges of
Technology in the new decade. One of the highlights of the day
was the attribution of the prestigious 2010 Traveling Fellowship
Awards. Two awards were given out this year, with each winner
interning for several weeks at law firms in Europe and the US.
The afternoon program continued with interesting presentations on
new issues in telecommunications, outsourcing and intellectual
property challenges at the beginning of the new decade.
The Gala Dinner in the Prince of Wales lawn of the Taj West End
hotel was another highlight of the day, as the lawn was very
beautifully lit up by hundreds of lights on the surrounding
trees. There was also a raffle draw at the Gala Dinner, where the
happy winner won a Kindle World, an electronic book reader in
which one can download books and newspapers.
The second day of the conference began with the International
Women's Network (I-WIN) Committee Meeting where 40 women lawyers
from around the world were informed by Talha Salaria, the
Traveling Fellowship Award winner of 2009, about one of the great
benefits that ITechLaw is offering. After a great networking
opportunity, with each woman shortly sharing their professional
background, there was a very interesting presentation on
‘Successful Negotiating of Critical Contract Provisions’ by
Sanjukta Kulkarni, who heads the Legal Function at TCS eServe
Ltd. in Mumbai, as she informed on how to negotiate successfully
in different jurisdictions from the vendors perspective.
The program for day two then started with a discussion panel on
the practice of law in India and if the entry of international
law firms might bring benefit or increase competition. The
National Unique ID Project is the new buzzword in India and the
panel discussed privacy issues involving the Indian government's
NUID Project and it was shown how other jurisdictions, such as
the US and Australia, are handling privacy issues.
Topics such as the emerging public
and private health care industry and how to successfully
negotiate healthcare technology contracts, legal risks and the
impacts of social networks and new issues and challenges in cloud
computing were also featured.
There was another opportunity to win a Kindle World at the
closing of the conference, which was won by a woman lawyer from
It was wonderful to see at this 6th annual event in India, very
new faces among senior and younger legal experts in IP, IT and
Telecom and to see the number of women attendees increasing. We
look forward to the 2011 Asian conference in Bangalore from
February 3-4, 2011.
Please visit the complete
to enjoy the full tour of this conference.
Welcomes Its Newest Members!
Jean de Oliveira
The White Oak Group
Istanbul Patent Trademark Consultancy Ltd
Clifford Chance LLP
Law Firm Poul Schmith
Universidade Estacio de Sa
Rio de Janeiro
Paul Van den
by Ursula Widmer
Members and Colleagues,
I would like to give a special New Year's greeting to all of
our members who are celebrating the Chinese New Year. I wish
you all the best in the year of the Tiger.
Our Annual India conference took place on February 4-5,
2010, in Bangalore at the Taj West End hotel, where we all
experienced a wonderful Gala Dinner evening in the
beautifully lit up Prince of Wales lawns. I am delighted to
announce that the conference was very successful, with an
attendance of 220,with outstanding presentations by national
and international legal experts. Great networking
opportunities added to this exceptional experience.
We were also very honoured to have as Keynoter on Day 1,
Chetan Maini, CEO of Reva India, Bangalore, who was included
in Businessweek’s list of India's 50 Most Powerful People
I would like to thank my Conference Co-Chairs for all of the
time and effort they dedicated to the conference, which are:
Rahul Matthan, Trilegal, Bangalore, Sajai Singh, J.Sagar
Associates, Bangalore and Rajiv Patel, Fenwick & West, Palo
The 2010 Traveling Fellowship Award was attributed to 2
winners this year, who will both be interning with 5
renowned law firms in Europe and the USA from May to early
You will find more information about this years winners: Mr.
Himanshu Khare from WNS Global, Mumbai and Mr. Nirupam Lodha
from Luthra & Luthra, New Delhi below. Stay tuned to the
eNews for information about the winners travel reports.
On another very good note, I am delighted to see one of the
major goals I set for my Presidency already realized, which
is to build a notable group of law firms sponsoring the
association as Global Sponsors and by doing so creating an
ongoing financial stability for our association.
We welcomed recently as Global Sponsor at the Silver level,
Pillsbury, adding this to Duane Morris as a Global Sponsor.
We now welcome Greenburg Traurig (GT) as a Gold Global
Sponsor and Sonnenschein, Nath & Rosenthal as a Bronze
Alan Sutin, chair of GT's Global Intellectual Property &
Technology practice and ITechLaw Board of Directors member,
states that "we look forward to once again working closely
with leading technology law professionals through our
participation in the ITechLaw program. Changes in technology
can be swift and often affect business in a profound manner,
resulting in some of most complex issues legal professionals
While Marc Friedman from Sonnenschein, Nath & Rosenthal says
that "as a global law firm, Sonnenschein deeply appreciates
the many advantages that Global Sponsorship with ITechLaw
offers. With two former ITechLaw Presidents, myself and Rick
Horning among it's outstanding IT/IP lawyers, Sonnenschein,
through its sponsorship, seeks to ensure that ITechLaw's
excellent conferences and publications, and marvelous
networking opportunities, continue to be available to the
world's leading lawyers. Sonnenschein and ITechLaw are
perfect partners as we enter a new and exciting decade."
This is very good news for all of us.
With my best regards,
Take Advantage of
Discounted Rates for ITechLaw's 2010 Annual Meeting and World
high-level professional exchange of knowledge and skills
related to technology law in a social environment rich with
program, venue and registration information, please visit the
registration ends April 12, 2010.
Call for Papers -
ITechLaw 2010 European Conference, Berlin, October 28-29
The Call for Papers is now open for the ITechLaw 2010 Annual
European Conference, to be held in Berlin, Germany on
October 28-29, 2010. We invite you to submit your proposal
prior to the deadline of March 1, 2010.
If you have a current issue or development in IT law that
you think would 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.
Additionally, if you would like us to consider you or
someone else as a speaker on the proposed topic, please
provide the proposed speaker's contact details and summarize
the speaker's qualifications to address this particular
Please submit your proposal by Monday, March 1, 2010 to
We look forward to seeing you in Berlin in October.
Kiran Sandford, Co-Chair
Mishcon de Reya
Writing Competition for Law
Student Members of the National Association of Women Lawyers
National Association of Women Lawyers, (NAWL), of which
ITechLaw is an association member, announces its Fifth
Annual Selma Moidel Smith Law Student Writing Competition
for its law student members.
competition was established five years ago to encourage and
reward original law student writing on issues concerning
women and the law. The author of the first-place essay will
receive a cash prize of $500. The winning essay will be
published in the NAWL Women Lawyers Journal in Summer 2010.
here for complete
guidelines. If you have any questions about the competition,
National Association of Women Lawyers
321 North Clark Street, M.S. 15.2
Chicago, IL 60654
Sampler: Brief Monthly Updates
In addition to ITechLaw's online
technology law journal, the
(requires log in), ITechLaw often provides 1-2 short
articles in the eNews. Articles in the eNews cover brief legal
updates and give members an opportunity to share their
professional experiences as they relate to ITechLaw.
To submit your articles, please
Submissions are subject to editorial discretion. Articles
not used in the eNews may be used in the eBulletin.
ITechLaw accepts member submissions highlighting your
career news, including speaking engagements, promotions and
publications. You may also submit a color photo (.jpeg
preferred) to be displayed with your announcement.
Submissions are subject to final editorial approval and are
limited to ITechLaw members only.
Click here to submit your member news
member lan J. Hartman,
a partner in the Cincinnati, Ohio office of Dressman
Benzinger LaVelle psc, was recently appointed to the Dean's
Advisory Board for Northern Kentucky University’s College of
Informatics. As an alumnus of NKU's Chase College of Law and
head of DBL's Technology Law Practice Group, Hartman brings
extensive knowledge to his role, supporting the college in
creating and sustaining programs in the field of
David Goldberg, former Board member and original member
of our predecessor Computer Law Association, has published,
"Barbara Ringer and Copyright History," in 56 Journal of the
Copyright Society of the U.S.A. iii (2009). Ringer was
successively a mentor and colleague of Mort's. She served as
Director of the UNESCO Copyright Division and longtime U.S.
Register of Copyrights, and was a pioneer role model for
women as a leader and major creator of the U.S. Copyright
Act and developer of the structure of today's international