Get documents about "law advertising marketing and
Document Sample
January 22 & 23, 2009 • Marriott Bloor Yorkville Hotel, Toronto
The Canadian Institute’s
15 t h • a n n u a l a d v e r t i s i n g and
marketing law
The Latest Legal Updates and Cutting-Edge Analysis
PLUS! Don’t forget This practical and innovative conference will bring you up-to- NEW FOR 2009
to register for our speed on the most relevant legal developments impacting
indispensible workshops: • Avoiding deceptive
Advertising & Marketing activity today, to help you:
environmental marketing
A Mastering the Fundamentals
• Understand the definition and parameters of self-declared
of Advertising and Marketing Law • Benefitting from
environmental claims and incorporate the latest Competition
Bureau Guidelines into your advertising strategy customer referrals
B Advertising, Packaging & while protecting
Labeling Regulated Products: • Conquer the legal challenges associated with advertising online
consumer privacy rights
Focusing on Food, Natural Health
• Best implement and run contests, avoiding legal pitfalls
Products, Drugs and Cosmetics • Managing legal
• Maximize maneuverability in collecting and retaining risks in loyalty and
consumer information rewards programs
See inside for details
• Expertly manage your organization’s use of Intellectual Property
in your marketing campaigns
Register Now • 1-877-927-7936 • CanadianInstitute.com
DIStINguIShED FACuLtY
Co-ChAIRS
Brenda L. Pritchard Meghan Robertson
vICE FACILItAtES INNovAtIoN
Partner, Head of Advertising Law Practice Group Senior Counsel, Corporate
ENSuRE YouR LEgAL AD Gowling, Lafleur Henderson LLP Toyota Canada Inc.
ing legal
balance the competing objectives of limit SPEAKERS
It may seem like an impossible task to to flourish.
ing the creativity of your marketing team Catherine Bate Kelly Moffatt
liability in advertising campaigns while allow to date, you Lawyer Partner
of advertising and marketing law is up
However, by ensuring your knowledge
Heenan Blaikie LLP Osler, Hoskin & Harcourt LLP
help you
l. Staying on top of this dynamic field will
will be better equipped to achieve this goa gthens your
Subrata Bhattacharjee Josephine A.L. Palumbo
g innovation, minimizes legal risks, and stren Partner Senior Litigation Counsel
dispense advice that encourages marketin Heenan Blaikie LLP and Practice Coordinator
Department of Justice
competitive advantage. Dan Edmondstone Competition Bureau - Legal Services
ference,
Annual Advertising and Marketing Law Con Partner
Join us at The Canadian Institute’s 15th ls in the Lang Michener LLP Monica Papendick
sessions staffed by the leading professiona Legal Counsel
this January 22 & 23, 2009, and benefit from Janet Feasby
Coca-Cola Ltd.
to help you:
field. Attend and pick up invaluable analysis Vice President Standards
Ruth M. Rapoport
Advertising Standards Canada
Assistant General Counsel
g online
• Conquer the legal challenges of advertisin Brian Fraser
Unilever Canada Inc.
Partner
lity Jolan Storch
• Devise winning contests, limiting legal liabi Gowling Lafleur Henderson LLP Partner
impacting advertising and marketing activity
Macleod Dixon LLP
• Catch up on the latest legal developments
David Grad
Vice President, General Counsel and Secretary Nicholas Whalen
in Canada ING Direct Stikeman Elliott LLP
retaining consumer information Bill Hearn
• Maximize maneuverability in collecting and
David M. W. Young
Partner Partner, Co-Chair Privacy Group
leading advertising & marketing experts,
Mastering McMillan LLP Lang Michener LLP
PLUS! Don’t miss our workshops, run by
of Advertising and Marketing Law
and Advertising, Packaging and Wendy Hulton Kelly Zalec
the Fundamentals Partner Legal Counsel
Products, Drugs
using on Food, Natural Health Miller Thomson LLP Rogers Communications Inc.
Labeling Regulated Products: Foc
Steven Kahansky WORKSHOP LEADERS:
and Cosmetics.
Deputy General Counsel
n Institute
. You can register by calling The Canadia John Salloum
Don’t delay! Spaces go quickly every year
and Chief Privacy Officer
The TDL Group Corp Lawyer
tration form to 1-877-927-1563.
toll-free at 1-877-927-7936, or faxing the regis
Marketing & Advertising Law Group
Rick Kurnit Heenan Blaikie LLP
Partner
ce!
We look forward to seeing you at the conferen
Shelley Samel
Frankfurt Kurnit Klein & Selz pc
Partner
Gowling, Lafleur Henderson LLP
Elizabeth L. McNaughton
Partner
Blake, Cassels & Graydon LLP
2
Register at 1-877-927-7936 or in toronto 416-927-7936 or www.CanadianInstitute.com
DAY
ONE
thursday, January 22, 2009
- Competition Act Bill Hearn
- Consumer Packaging and Labelling Act Partner
7:45 Registration Opens and Coffee Served - Textile Labelling Act McMillan LLP
• Assessing enforceability: Kelly Zalec
8:45 Opening Remarks from the Co-Chairs - What must you do? Legal Counsel
Rogers Communications Inc.
- What should you consider doing?
Brenda L. Pritchard - Deadlines and penalties Are you struggling to keep pace with your
Partner, Head of Advertising Law Practice Group
for non-compliance organization’s creative and technologically
Gowling, Lafleur Henderson LLP
• Crystal ball gazing: What may lie ahead? innovative advertising campaigns? How do you
Meghan Robertson effectively apply conventional legal reason to
Senior Counsel, Corporate 9:45 Networking Refreshment Break novel marketing campaigns? This session will
Toyota Canada Inc. help you ensure that your legal advice doesn’t
10:00 Claim Substantiation: Living up to the Hype impede the creativity of the marketing team
9:00 Going Green: Avoiding Deceptive you advise.
Environmental Marketing Catherine Bate • Where do you begin in building legal
Lawyer
safeguards to advertising & marketing
Brian Fraser Heenan Blaikie LLP
activities on the internet?
Partner
Gowling Lafleur Henderson LLP • Understanding the prohibitions against - Jurisdictional considerations
false and misleading advertising - Pin pointing critical privacy issues
Ruth M. Rapoport - What can you get away with? that must be managed
Assistant General Counsel
- Identifying marketing tactics that can • Identifying the greatest legal risks
Unilever Canada Inc.
get you into hot water and building legal safeguards
The Competition Burezau, in collaboration with • What is the difference between • User generated content:
the Canadian Standards Association, released “claims” and “puffery”?
- Instituting legal protections when
guidelines this past June that will ensure that • How do you know when you have marketing products
green marketing is not misleading, while “adequate and proper” proof?
also bolstering consumer confidence in the - Formulating proactive legal policies
• What can we learn from recent cases
accuracy of environmental claims. This session and developments on the topic? - Ensuring effective IP protection
will help you ensure your environmental claims • Identifying enforcement priorities - Controlling the distribution
are compliant, helping you avoid charges of of negative submissions
misleading advertising. • Are the challenges of substantiating
environmental claims really so different • Limiting legal risks while enabling
• Reviewing the Competition Bureau’s from substantiating other claims? ‘word of mouth’, on the internet:
Guidelines: Environmental Claims: • What does proof of a ‘green’ claim look like? - Viral marketing
A Guide for Industry and Advertisers - Using blogs
• Understanding the meaning 10:45 Online Marketing and New Media: • Marketing through social networking sites:
and parameters of “self-declared Mitigating Legal Risks While Exploiting
environmental claims” Opportunities - Discussing relevant legal protections
• Identifying relevant requirements outlined - Identifying privacy issues that should
in CAN/CSA-ISO 14021 David Grad be considered
• Putting the Guidelines in context by Vice President, General Counsel and Secretary - Tips and traps
reviewing key requirements outlined in the: ING Direct - Q&A
3
Register at 1-877-927-7936 or in toronto 416-927-7936 or www.CanadianInstitute.com
Limiting Liability • Identifying the criteria necessary
12:00 Networking Luncheon • Reviewing pointers provided by the to establish valid consent
Competition Bureau • How much personal information can you
for Delegates and Speakers
• Identifying issues which can result in retain, and for what period of time?
complaints or regulatory intervention • Q & A
1:15 Advertising & Marketing Law Year in Review:
• Cleaning up the mess: handling a contest
Legislative and Self-Regulatory Update
that has gone off the rails 4:15 Learning About Relevant Legal
Janet Feasby Contest Implementation Developments in America
Vice President Standards
• Drafting contest rules: tips for success
Advertising Standards Canada Rick Kurnit
• Skill testing questions and skill-based Partner
Kelly Moffatt contests versus “Instant Win” contests: Frankfurt Kurnit Klein & Selz pc
Partner - How does the law differ? • Learning about cutting edge legal issues in
Osler, Hoskin & Harcourt LLP American advertising and marketing practices
- Is one preferable to the other in terms
• Learning from 2008 Advertising Standards of limiting liability? • Finding out how brand integration and
Canada Consumer Complaint Adjudications • Highlighting special considerations when branded entertainment may be regulated
• Legislative update: running contests in Quebec • Understanding product performance
- Practical implications of Bill C-61 claims in non advertising content
• Running technologically innovative contests:
Amendments to the Food and Drugs Act • Catching up on the latest developments in:
- Text messaging contests
- Changes to packaging - Claims substantiation
and labeling requirements - Contests based on user-generated content
- Endorsement guidelines and regulations
• Update on consumer protection initiatives • Overcoming insurance challenges
- Product demonstrations
• Litigation overview: • Discuss new developments in “right of
- What cases have gone before the courts? 3:15 Networking Refreshment Break publicity” claims
- How should you revise your policies
in light of decisions rendered? 3:30 Collecting and Retaining
5:00 Co-Chair’s Closing Remarks
Consumer Information Generated
Conference Adjourns for the Day
2:15 Checking the Fine Print: Instituting Legal by Running Contests
Protections when Running Contests
Elizabeth L. McNaughton
Dan Edmondstone Partner
Partner Blake, Cassels & Graydon LLP
Lang Michener LLP
Following Legal Protocol
Steven Kahansky • Leveraging flexibility when collecting, CoCKtAIL RECEPtIoN
Deputy General Counsel and using & disclosing consumer information 5:00 to
Chief Privacy Officer 6:30 pm
• Drafting contest rules that comply with
The TDL Group Corp.
PIPEDA and provincial privacy standards
Legal Update
Secondary Marketing
• Round up of relevant legal developments • Using contest entry ballots
in running contests and promotions for secondary marketing
• Learning from recent mistakes
4
Register at 1-877-927-7936 or in toronto 416-927-7936 or www.CanadianInstitute.com
DAY
tWo
Friday, January 23, 2009
• What is the effect of the Do Not Call 11:15 Avoiding Misleading Advertising: Learning
Registry on customer referrals?
from Competition Bureau Developments
8:15 Coffee Served • Using referrals and contacting prospective
customers through existing customers Subrata Bhattacharjee
9:00 Opening Remarks from the Co-Chairs • How can you work around it? Partner
Heenan Blaikie LLP
9:15 Benefitting from Customer Referrals while 10:15 Networking Refreshment Break Josephine A.L. Palumbo
Complying with Privacy Regulations Senior Litigation Counsel and Practice Coordinator
10:30 Optimizing use of Trademarks and Department of Justice
David M. W. Young Competition Bureau - Legal Services
Partner, Co-Chair Privacy Group
Copyright Protected Material in your
Lang Michener LLP Marketing Campaigns • Exploring relevant decisions rendered
by the Competition Bureau and
Nicholas Whalen Jolan Storch recognizing the take home message
Stikeman Elliott LLP Partner to update your practices and policies
Macleod Dixon LLP • Enforcement trends and recent developments:
Collecting and Disclosing
Consumer Information • Managing your organization’s - Representations to the public
intellectual property - Adequate and proper testing
• Understanding your legal obligation - Multilevel marketing
- Trademarks
to protect consumer privacy
- Copyright - Ordinary sale pricing
• Identifying options and opportunities
- Other options • Highlighting Competition Bureau
in collecting private information of
• Using 3rd party IP enforcement objectives for 2009
prospective customers
(including user generated content):
Client Referrals and Privacy Compliance - License agreements 12:30 Networking Luncheon
• How can you use client referrals - Comparative advertising for Delegates and Speaker
without running afoul of privacy rules - Drawing an association between
and regulations? your mark and theirs 1:45 Minimizing Legal Risks when Running Cross
• Protecting client information from abuse - Instituting proactive safeguards Promotions and Marketing Partnerships
by your organization’s employees: • Identifying “tricks” to be aware of with
- Instituting proactive company policies respect to trademarks and copyright Wendy Hulton
- Training staff on privacy requirements - What are “moral rights”? How do you Partner
and obligations avoid being caught by this? Miller Thomson LLP
- Monitoring adherence - Who really owns the IP? • Legal update:
- Protecting privacy and confidentiality - What is the value of using the - What’s new?
while sourcing new clients and customers trademark? - What’s hot?
- Optimizing customer relations management • Tying a brand closely to yours - the ups • Identifying the advantages of engaging
and downs of sponsorship in cross promotions
Do-Not Call Registry
- Adverse publicity clauses
• Instituting legal safeguards,
• Critical updates and developments - Safeguarding your organization from checks and balances
bad press
• Tips for success
5
Register at 1-877-927-7936 or in toronto 416-927-7936 or www.CanadianInstitute.com
Who You WILL MEEt “Speakers were well versed on their
In-house Counsel topics [and] gave up to date information”
• Overcoming drawbacks
and minimizing legal risks Advertising & Marketing Lawyers Terri Raymond
• How can you minimize the risks Competition Lawyers Law Clerk, Kraft Canada Inc.
Advertising & Marketing Law, 2006
and exposure to liability? Media Professionals from:
• What about trademarks • Print
and third party agreements? “Great speakers with… helpful tips”
• Radio
• What happens in case of a disaster? Fabien Fourmanoit
• Covering relevant privacy obligations • TV Counsel, Bell Canada
• Internet Advertising & Marketing Law, 2008
2:30 Networking Refreshment Break Advertising & Marketing Professionals and Consultants
AttENDEE BREAKDoWN
CEOs, VPs, Directors and Managers of: (based on 2006-2008 attendance)
2:45 Instituting Proactive Safeguards in Loyalty • Compliance
and Rewards Programs • Advertising 6%
• Marketing
4% 22%
Monica Papendick 3%
Legal Counsel • Sales 3%
Coca-Cola Ltd.
• Promotions 5%
• Writing terms and conditions • Public or Consumer Relations
• Identifying relevant privacy laws and regulations: 5%
- Building a consumer profile while
protecting consumer privacy 6%
- Avoiding liability SPoNSoRShIP & ExhIBItIoN oPPoRtuNItIES 25%
• Communication tips for points program
rules and regulations: Maximize your organization’s visibility in front of key decision-
makers in your target market. For more information, contact 21%
- Highlighting privacy protections
- Making redemption Director Business Development Daniel Gellman at 416-927-0718
requirements understandable ext. 389, toll-free 1-877-927-0718 ext. 389 or by email at
LAW FIRMS
• Expiration of points: d.gellman@CanadianInstitute.com
MANuFACtuRINg AND REtAIL
- Making the rules known to participants
FINANCE AND INSuRANCE
- Identifying applicable rules and regulations
tELECoMMuNICAtIoNS
- Learning from others’ mistakes
This program has been accredited by the Law PhARMA/BIotECh
Society of Upper Canada towards the professional govERNMENt
3:30 Co-Chair’s Closing Remarks development requirement for certification.
ENERgY
and Conference Concludes
Conference Workshop A Workshop B CoMPutER/SoFtWARE
MARKEtINg/PuBLIC RELAtIoNS AND ENtERtAINMENt
Civil Litigation 11 3 3 othER
Corporate and
Commercial Law 11 3 3
6
Register at 1-877-927-7936 or in toronto 416-927-7936 or www.CanadianInstitute.com
A Pre-Conference Workshop
• Legal Overview: - Privacy Commissioner of Canada
Wednesday, January 21, 2009 - Applicable statues and regulations • Basic intellectual property terms and
- Special focus on the Competition Act concepts relevant to advertising
9:00 am – 12:00 pm
- Industry guidelines and standards - Obtaining clearance to use music, text,
Mastering the Fundamentals of - Overview of seminal cases and key video, and images
judicial precedents - Trade marks, copyrights, company logos
Advertising and Marketing Law and company names
- Understanding the unique features of
Advertising and marketing law in Canada advertising and marketing law in Québec • Industry Specific legislation and protocols:
incorporates many statutes, regulations and • Powers and jurisdictions of the various - Textile
standards. In this interactive workshop, you will government and regulatory bodies: - Food & Beverage
learn the basics of the law, as well as explain - Advertising Standards Canada - Pharmaceutical
the roles and responsibilities of the various - Canadian Food Inspection Agency - Cosmetics
regulatory bodies. Register and benefit from a - Canadian Intellectual Property Office - Automotive
broad overview of the central legal concepts,
- Canadian Marketing Association • The nuts and bolts of running legally sound
or refresh your knowledge.
- Competition Bureau of Canada contests and promotions:
Workshop Leader: - Health Canada - Criminal Code provisions
- Pharmaceutical Advertising Advisory Board - ‘no purchase necessary’,
Shelley Samel and ‘skill-testing questions’
Partner - Information and Privacy Commissioner
Gowling, Lafleur Henderson LLP of Ontario - Competition Act provisions
B Pre-Conference Workshop
- Recent Health Canada, Canadian - What are NHPs? Highlighting intersection
Wednesday, January 21, 2009 Food Inspection Agency and other with foods, drugs and cosmetics
regulatory initiatives - Product and site license requirements
1:00 pm – 4:00 pm
• Getting advertising clearance - Product claims and Schedule “A” claims
for regulated products
Advertising, Packaging and - Consumer Advertising Guidelines
- When is it necessary?
Labeling Regulated Products: - What is involved?
• Drugs
- Prescription and non-prescription
Food, Natural Health Products, • Food Law drug advertising
Drugs and Cosmetics - Health, biological role, - Advertising and educating consumers
and nutrient content claims and health professionals
Workshop Leader: - Food fortification - Therapeutic comparative advertising
- Organic product regulations • Cosmetics
John Salloum
Lawyer, Marketing & Advertising Law Group - Weight maintenance and weight loss claims - Mandatory ingredient labeling
Heenan Blaikie LLP - Advertising food products to children - Cosmetic ingredient “hot list”
- Other hot topics, including: - Permissible advertising claims
• Legal Framework
- Trans fat regulation • Emerging issues concerning regulated
- Applicable statues, regulations
and guidelines - Canada’s Food Guide claims and more! products: Health Canada’s Blueprint for
• Natural Health Products (NHPs) renewal and possible regulatory reforms
on the horizon
7
Register at 1-877-927-7936 or in toronto 416-927-7936 or www.CanadianInstitute.com
toP REASoNS to AttEND
January 22 & 23, 2009 • Marriott Bloor Yorkville Hotel, Toronto
3 Catch up on the latest legal
and regulatory developments
impacting Advertising
The Canadian Institute’s
& Marketing Law
15 t h • a n n u a l 3 Receive practical advice
a d v e r t i s i n g and useful in running contests,
advertising online and
exploiting new media
marketing law 3 Network and exchange best
The Latest Legal Updates and Cutting-Edge Analysis practices with your peers
R E G I S T R AT I O n F O R M 5 EASY WAYS TO REGISTER
To expedite your registration, please
mention your Priority Service Code ' Phone: 1-877-927-7936 or
416-927-7936
399L09.S
1-877-927-1563 or
Ê Fax: 416-927-1563
CustomerService@CanadianInstitute.com
: Email:
The Canadian Institute
* Mail: 1329 Bay Street
Toronto, Ontario M5R 2C4
Online:
ATTEnTIOn MAILROOM: If undeliverable to addressee, please forward to: 8 www.CanadianInstitute.com
Legal Affairs, Counsel
AdMInISTRATIvE dETAILS
COnFEREnCE COdE: 399L09-TOR For group discounts please Venue: MarrIott BLoor YorKVILLe
YES! Please register the following delegate for Advertising and Marketing Law call 1-877-927-7936
address: 90 BLoor street east
Fee Per Delegate register & Pay by Dec 25, 2008 register & Pay after Dec 25, 2008 teL.: 1-800-859-7180
o Conference $1895 + 5% GST = $1989.75 $2095 + 5% GST = $2199.75 Hotel Reservations
o Conference + Workshop A q or B q $2390 + 5% GST = $2509.50 $2590 + 5% GST = $2719.50 For information on hotel room availability and reservations,
step 1
please contact Marriott Bloor Yorkville 1-800-859-7180.
o Conference + Both Workshops $2885 + 5% GST = $3029.25 $3085 + 5% GST = $3239.25 When making your reservation, please ask for “the Canadian
Institute’s Corporate rate”.
o I am attending, please add the conference materials CD-ROM to my order $195 + $15.95 (S & H) (+ applicable taxes)
Program Materials
CoNtACt DEtAILS Conference participants will receive a comprehensive set
of conference materials prepared by the speakers, as an
✃
excellent reference source after the conference. If you have
naMe PosItIon paid and are unable to attend, the conference materials will be
shipped to you upon request only. Request must be received
within 30 days upon conclusion of the conference.
orGanIZatIon
Payment Policy
address
Payment must be received in full by the conference date. All
discounts will be applied to the Conference Only fee (excluding
add-ons), cannot be combined with any other offer, and must
CItY ProVInCe PostaL Code be paid in full at time of order. Group discounts available to
individuals employed by the same organization.
teLePHone FaX
step 2
Cancellation and Refund Policy
eMaIL You must notify us by email at least 48 hrs in advance if you
wish to send a substitute participant. Delegates may not “share”
a pass between multiple attendees without prior authorization. If
tYPe oF BusIness no. oF eMPLoYees you are unable to find a substitute, please notify the Canadian
Institute in writing no later than 10 days prior to the conference
date and a credit voucher will be issued to you for the full amount
paid. Credit Vouchers are valid for 1 year and are redeemable
aPProVInG ManaGer PosItIon against any other Canadian Institute conference. If you prefer,
you may request a refund of fees paid less a 25% service charge.
No credits or refunds will be given for cancellations received after
10 days prior to the conference date. the Canadian Institute
PAYMENt reserves the right to cancel any conference it deems necessary
o Wire transfer ($Cad) and will, in such event, make a full refund of any registration fee,
Please charge my o VIsa o MasterCard o aMeX but will not be responsible for airfare, hotel or other costs incurred
Please quote the name of the attendee(s) and by registrants. No liability is assumed by the Canadian Institute
for changes in program date, content, speakers or venue.
the event code 399L09 as a reference.
nuMBer eXPIrY
Beneficiary: The Canadian Institute Incorrect Mailing Information
sIGnature Bank name: HsBC / account #: 362-055319-001
step 3
address: 150 Bloor st, suite M100, toronto, on To advise us of changes to your contact information, please
o I have enclosed my cheque for $_______ including Gst made payable to send amendments by Fax to 416-927-1061 or email us at
swift Code: HKBCCatt / Branch #: 10362 Data@CanadianInstitute.com or visit our website and click on
The Canadian Institute (Gst no. r106361728) “update your customer information”.
