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”.