OCIPLA October 2017 Luncheon

Topic: Trademark and copyright enforcement in the digital world

Summary
The USPTO IP Attaché Program promotes high-quality intellectual property protection and enforcement internationally through IP Attachés located in U.S. embassies and consulates around the world. USPTO attaches from each of the following regions will discuss the program and recent intellectual property issues:

• China
• Bolivia, Chile, Colombia, Ecuador, and Peru
• Mexico, Central America, and the Caribbean
• European Union, European Trade Commission, and Turkey
• World Trade Organization and World Intellectual Property Organization

See the IP Attaché Services flyer for additional information.

Speakers

Dominic Keating
DIRECTOR, USPTO IP ATTACHE PROGRAM

Dominic Keating is the Director of the Intellectual Property Attaché Program at the U.S. Patent and Trademark Office. He provides legal and policy direction to USPTO’s Intellectual Property Attaches based in Belgium, Brazil, China, India, Kuwait, Mexico, Peru, Russia, Switzerland, and Thailand.

From 2010 to 2011, he was a Patent Attorney in USPTO’s Office of Policy and External Affairs, where he specialized in patents and health, biotechnology, genetic resources, traditional knowledge, the Convention on Biological diversity and climate change. He led a team of twelve attorneys to address intellectual property issues in South Asia. He also headed a Task Force to reform USPTO’s Intellectual Property Attaché Program.

From 2006 to 2010, he served as the First Secretary for Intellectual Property in the U.S. Embassy in New Delhi, where he promoted high standards of intellectual property protection and enforcement in India and other South Asian countries. He was awarded a Silver Medal by the U.S. Secretary of Commerce for his work.

Mr. Keating has served as a Patent Attorney in USPTO’s Office of International Relations (2003-2006), the Intellectual Property Attaché at the United States Mission to the World Trade Organization in Geneva (2001-2003), an Attorney-Advisor in USPTO’s Office of Legislative and International Affairs (2000-2001), a Patent Examiner at the USPTO (1997-2000) and a Trademark Examining Attorney at the USPTO (1996-1997). Mr. Keating has headed numerous U.S. Delegations to the World Trade Organization Trade Related Aspects of Intellectual Property Rights Council and to meetings of the World Intellectual Property Organization.

Mr. Keating is an Adjunct Associate Professor at American University Washington College of Law. He earned his Masters of Science Degree in Biotechnology from Johns Hopkins University and he has worked as a scientist for American Cyanamid Corporation.

Susan Wilson
IP ATTACHÉ FOR THE EUROPEAN UNION AND EUROPEAN COMMISSION

Susan Wilson currently serves as the first U.S. intellectual property attaché to the European Union (EU).  Her responsibilities include monitoring intellectual property-related developments in institutions and in its member states.  She also contributes to bilateral IP-related dialogues with Switzerland and Turkey, advances U.S. IP policy objectives at the OECD, and supports fellow Geneva-based U.S. IP attachés in their work with the WTO and various U.N. institutions.

Prior to being sworn in as attaché, Ms. Wilson was a director for intellectual property and innovation at the Office of the United States Trade Representative (USTR), where she coordinated the annual Special 301 Review of trading partners’ IPR policies and practices and the development of the annual Notorious Markets List of physical and online marketplaces that facilitate trademark counterfeiting and copyright piracy worldwide.  Prior to joining USTR, Ms. Wilson served as director of the Office of Intellectual Property Rights in the U.S. Department of Commerce’s International Trade Administration.  While at Commerce, Ms. Wilson was the U.S. co-chair of the Transatlantic IPR Working Group and one of the Department’s inaugural detailees to the Interagency Trade Enforcement Center at USTR.

Ms. Wilson has also served in several other federal agencies, including as:  deputy director of the Office of International Intellectual Property Enforcement at the U.S. Department of State; an attorney specializing in domestic and international intellectual property enforcement issues in the Office of Legislative and International Affairs at the USPTO; a trial attorney in the Computer Crime and Intellectual Property Section, Criminal Division, at the U.S. Department of Justice; and an attorney in the Intellectual Property Rights Branch at the U.S. Customs Service.  In early 2001, she left the government to join the International Anti-Counterfeiting Coalition (IACC) as senior policy counsel, and returned to public service in 2002.

Michael Mangelson
IP ATTACHÉ FOR EAST CHINA, CENTRAL CHINA AND TAIWAN

Michael Mangelson is the intellectual property (IP) attaché based in Shanghai, China, where he is responsible for advocating U.S. IP interests in China.

Mr. Mangelson began his post at the U.S. Consulate General Shanghai in August 2014, bringing with him 20 years of experience as a business IP attorney with a focus on China services. He is fluent in Mandarin Chinese and is a former partner of U.S. law firm Stoel Rives, LLP in Salt Lake City, Utah, where he served as chair of the firm’s China group and founder and chair of the firm’s Salt Lake City technology and intellectual property group.

Mr. Mangelson served as chair of the Intellectual Property Section of the Utah State Bar and taught IP law and technology licensing as an adjunct professor at Brigham Young University law school for 12 years.

He has frequently been recognized for excellence in intellectual property law, being selected by Best Lawyers in America, ® a well-known attorney rating service, as “Trademark Law Lawyer of the Year” in 2012, and has been consistently named as a top IP attorney in Best Lawyers and Chambers USA: Guide to America’s Leading Lawyers for Business.

Prior to Stoel Rives, Mr. Mangelson studied Chinese language in Nanjing University and practiced business IP law, corporate finance, and mergers and acquisitions with U.S. law firms Morrison & Foerster and Jones Day in Los Angeles, Hong Kong, and Taiwan. Mr. Mangelson holds a Juris Doctor degree from Brigham Young University Law School.

Todd Reves
IP ATTACHÉ FOR MEXICO, CENTRAL AMERICA, AND CARIBBEAN

J. Todd Reves is the USPTO’s regional intellectual property (IP) rights attaché for Mexico, Central America, and the Caribbean. Prior to this position, Mr. Reves served as a senior advisor in the Office of the Intellectual Property Enforcement Coordinator, Executive Office of the President, where he worked primarily on border measures and IP crime in the digital environment.

Mr. Reves also served as an attorney-advisor in the USPTO’s Office of Policy and International Affairs, where he oversaw IP enforcement activities in the Middle East and North Africa. In this capacity, he planned and delivered technical assistance and capacity-building programs for judges, prosecutors, police officers, and customs officials. He has also worked extensively in Russia, China, Vietnam, South Africa, and the Caribbean Community (CARICOM). Mr. Reves was also responsible for policy advice and oversight at the World Intellectual Property Organization (WIPO).

Mr. Reves served as the IP attaché at the U.S. Mission Geneva from 2010 to 2013. In this capacity, he represented the U.S. government at WIPO, advised the U.S. ambassador on IP policy, and conducted outreach to other missions in Geneva. Mr. Reves served as the Group B (group of developed countries) coordinator from July 2011 to October 2012, representing the group’s positions on all aspects of IP law and policy in WIPO standing committees and
associated working groups.

Prior to his posting in Geneva, Mr. Reves served at the Office of the United States Trade Representative as director for intellectual property and innovation, focusing on implementation of the Dominican Republic-Central America Free Trade Agreement (CAFTA-DR). He was also a member of the U.S. negotiating team for the Anti-Counterfeiting Trade Agreement.

Prior to joining the USPTO, Mr. Reves served as an attorney-advisor with U.S. Customs and Border Protection (CBP) in Washington, D.C., where he was responsible for issuing legal determinations on IP infringement, domestic and international training, and outreach, as well as a variety of other aspects of commercial fraud. He also represented CBP at the World Customs Organization.

Mr. Reves began his civil service career as a U.S. Customs inspector in Dallas, Texas.

Ann Chaitovitz
IP ATTACHÉ FOR SOUTH AMERICA

Ann Chaitovitz is the intellectual property (IP) attaché based in Lima, Peru. She advises U.S. government personnel and national IP offices, and coordinates the USPTO’s activities in Bolivia, Chile, Colombia, Ecuador, and Peru. She has more than 20 years of experience representing songwriters, publishers, recording artists, the U.S. government, and digital technology companies on music, technology, and copyright matters.

Prior to arriving in Lima, Ann specialized in domestic and international copyright law as an attorney-advisor at the USPTO, where she handled copyright and related rights issues in various international regions. She has represented the United States in various multilateral fora, such as the World Intellectual Property Organization’s Standing Committee on Copyright and Related Rights, and has participated in the development and implementation of U.S. domestic copyright and related IP laws and policy, including the Department of Commerce’s “Green Paper on Copyright Policy, Creativity, and Innovation in the Digital Economy” and its “White Paper on Remixes, First Sale and Statutory Damages.”

In between stints at the USPTO, Ann was the executive director at the Future of Music Coalition (FMC), a national nonprofit education, research, and advocacy organization working on the challenging issues at the intersection of music, law, technology, and policy. She also consulted on copyright, digital technology, new media, and music issues.

Before beginning her work at the USPTO, Ann served as the national director of sound recordings at the American Federation of Television and Radio Artists (AFTRA), the labor union representing recording singers. At AFTRA, Ann worked on domestic and international copyright issues. She worked to repeal the amendment to the “work made for hire” definition of the U.S. copyright law, to ensure the direct payment of digital performance fees to artists and to change the structure of SoundExchange—an independent nonprofit collective management organization that collects and distributes digital performance royalties to featured artists and copyright holders—so that artists would share control. Ann also focused on the rights of U.S. performers internationally, negotiating with foreign countries’ collecting societies to ensure that U.S. performers receive their share of royalties.

Prior to AFTRA, Ann worked as a staff attorney at the American Society of Composers, Authors and Publishers (ASCAP), a songwriters’ and publishers’ collective management organization, where she conducted copyright litigation on behalf of songwriters and publishers.

Ann was an inaugural FMC Voice of Advocacy Honoree, awarded for a career devoted to serving the music community, working toward solutions and building bridges in the often-bumpy transition from an analog to a largely digital music industry. She served on the Research Advisory Committee of the FMC’s Artist Revenue Streams project and has served on the board of directors of the Alliance of Artists and Recording Companies, the board of directors of SoundExchange, and the FMC Advisory Board. She participated in the American Assembly on “Art, Technology, and Intellectual Property” and graduated in 2004’s Leadership Music class. She holds degrees from Amherst College (B.A., cum laude) and New York University School of Law.

Deborah Lashley-Johnson
IP ATTACHÉ FOR THE U.S. MISSION TO THE WORLD TRADE ORGANIZATION IN
GENEVA

Deborah Lashley-Johnson is the USPTO’s IP Attaché for the World Trade Organization (WTO) at the U.S. Permanent Mission to the United Nations and Other International Organizations in Geneva, Switzerland. She works on issues involving the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and certain substantive committees of the World Intellectual Property Organization (WIPO). While on detail in Geneva, she is also the Africa IP lead for the Office of the U.S. Trade Representative (USTR).

Prior to being posted in Geneva, Ms. Lashley-Johnson was an attorney/advisor at the USPTO’s Office of Policy and International Affairs from 2010–2015, where she was responsible for a wide range of issues at WIPO concerning governance, budget, and legal standards that promoted IP protection. She was also the lead of the USPTO’s Africa IP team, providing capacity building for the African continent. She also worked on policy formation concerning geographical indications and biotechnology under the WTO’s TRIPS Agreement.

From 2008–2010, Ms. Lashley-Johnson was the diplomatic IP attaché at the U.S. Mission in Geneva. She was the first legal IP expert for the U.N. side of the mission, analyzing and commenting on IP policy issues concerning counterfeit medicines at WIPO, the U.N. Conference on Trade and Development (UNCTAD), and the World Health Organization (WHO).

From 1997–2008, Ms. Lashley-Johnson worked on IP and trade issues for the U.S. government in a variety of capacities—at the USPTO and at the International Trade Administration – handling IP issues at a number of international bodies, including WTO, WIPO, UNCTAD, the Organization for Economic Cooperation and Development, and WHO.

Ms. Lashley-Johnson earned a B.A. in International Relations from Georgetown University, and a J.D. from American University’s Washington College of Law.