Canadian Lawyer InHouse

June/July 2014

Legal news and trends for Canadian in-house counsel and c-suite executives

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june 2014 20 INHOUSE to manage the growing pat- ent portfolio. There are also issues where you might not ex- pect to see them such as with clauses in contracts that will potentially impede your ability to practice your technology — you can fi nd them in the least suspecting places. For example, in service agreements with customers there are often standard clauses croFT: I certainly echo everything that's been said. Trican has always built itself on being a technology company in the space we're in, not offering just commoditized ser- vices, but customized and prior technology services that help contribute to better pro- duction for our customers. We have a grow- ing patent portfolio in a number of different areas of technology. Last year we purchased a company that upped our game and it has really increased a demand for legal services tucked away on the 61st page that deal with ownership of technol- ogy in just a couple of lines, and it can really change whether you can continue to offer the technology you have developed to all your customers, not just that one. Confi dential- ity agreements, which I think are more and more ubiquitous for everybody, can often have clauses tucked into them that could really affect your ability to have one hun- dred per cent ownership or control of your technology, your intellectual property. harding: We don't have patents, so when we think of intellectual property, ours fo- cuses on two things — trademarks of our products and protecting data, and phishing schemes where they have set up fake web sites that look like your bank's web site. JacKson: When I think of IP challenges, I think of copyright because being a uni- versity, we use copyrighted materials in our research and our teaching, and so that's a focus for us. We're also a public institution, so we have to be cognizant of the amount of money that we're spending and using that wisely; so we try, to the extent we can, to make use of the fair-dealing exceptions in the Copyright Act. Other than that, we enter into a variety of licenses and agreements with copyright owners or representative organizations to ensure the material we are providing to re- searchers, students, and complies professors comply with all of the copyright laws. inhouse: How do you manage risk in your department? JacKson: The university is in the pro- cess of developing what we refer to as an enterprise risk management system. We're looking at risk from an enterprise point of view, and in terms of the strate- gies that we have in the academic plan and research plan, and what factors may affect the achievement of those strategies. At the overall university level, there's the execu- tive leadership team, and they're charged with setting the risk parameters, and fo- cus on fi nancial risk, operational risk, and reputational risk; and then that's for the inhouse: risk in your department? risk in your department? risk in your department? inhouse: risk in your department? inhouse: Ninth Annual InHouse General Counsel Roundtable Visit Canadianlawyermag.com/inhouse to see our video coverage of these topics: IP challenges in-house, online May 26 Managing risk, online June 2 džƚĞƌŶĂůĐŽƵŶƐĞůĂůƚĞƌŶĂƟǀĞĨĞĞĂƌƌĂŶŐĞŵĞŶƚƐ͕ online June 9 Regulatory issues, online June 16 Sponsored by: ǁǁǁ͘ĮĞůĚůĂǁ͘ĐŽŵ ntitled-1 1 14-05-06 1:22 PM to manage the growing pat- There are also issues where you might not ex- that will potentially impede your ability to practice your technology — you can fi nd tucked away on the 61st page that deal with ownership of technol- ogy in just a couple of lines, and it can really change whether you can continue to offer the technology you have developed to all your

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