Identified and reduced IP risks for public U.S. wireless technology and software development companies facing substantial patent and trade secret licensing and royalty revenue losses as the result of emerging BRICS and EU Member State 'public interest' laws mandating royalty-free patent licensing practices for information & communication technology ('ICT') standards and open source software e-government procurement preferences, by reeducating industry and government officials via robust engagement at Geneva WIPO and Brussels European Commission Directorate General meeting venues, the convening of participation at symposiums, and the preparation of internationally referenced analyses appearing within various peer-reviewed legal journals and media publications.
Ascertained the qualitative legal risks faced by a non-U.S.-based multinational food product manufacturing and processing company arising from emerging infant formula and complementary foodproduct advertising and marketing regulations in Hong Kong and the Philippines severely restricting the public promotion and advertising of such products and the use of proprietary product and company trademarks, logos and trade dress deemed as making health claims. Prepared five peer-reviewed law journal articles summarized in three Asia regional law blog entries analyzing the consistency of such rules with three WTO agreements in an effort to educate these governments about the potential international trade law consequences their regulatory promulgations may potentially trigger. This reframing of the debate delayed the introduction of the proposed HK rules and helped to reshape the Philippine legislative debate for more than one calendar year, prompted media coverage of the issue, and assisted U.S. trade associations seeking resolution of the World Trade Organization dispute on plain tobacco packaging.
Foreign Representative Client Deliverables
Secured inbound tax-free reorganizations of private Saudi investment group-owned commercial real estate interests, preserving for clients substantial (USD$122M) depreciation/amortization deductions and/or (USD$98M) capital losses.
Negotiated and secured for a private U.S. investment group an exclusive (USD$600M) timber/forest product concession/licensing agreement with a land option and an option for semi-precious mineral extraction, benchmarked to international sustainable forest management and social responsibility standards that provided political credibility supporting the group's economic activities in South Sudan.
Identified and analyzed for a U.S. trade association, within three internationally referenced World Trade Organization ('WTO')-focused white papers, the legal and economic bases of trade risks faced by such organization's public U.S. industrial and agricultural manufacturing and exporting members, triggered by emerging environment, health and safety regulations and related technical product standards denying such products access to European Union ('EU') and third world markets on putative safety grounds; briefed congressional committees and U.S. federal agencies and served as trade coalition liaison for purposes of informing the U.S. government response to such costly and burdensome measures.
Identified and reduced intellectual property ('IP') risks for public U.S. and foreign pharmaceutical companies facing a substantial loss of revenues and profits derived from patent, trade secret and clinical testing data (IP)-protected products and processes as the result of WTO-non-compliant Brazil, Russia, India, China and South Africa ('BRICS') (mostly Brazil) 'compulsory licensing' laws, by helping to reshape government views via detailed submissions to Geneva World Intellectual Property Organization ('WIPO') and World Health Organization ('WHO') venues and the preparation and publication of internationally referenced analyses within peer-reviewed legal and economic journals.
Liaised with U.S. Government officials and prepared a provocative law review article, on behalf of U.S. pharmaceutical companies, analyzing the adverse implications of former Brazilian Government-promoted global compulsory licensing initiatives impairing the value of U.S. and foreign intellectual property-embedded life science technologies, prompting a formal rebuke from Brazil's Washington Embassy and the subsequent convening of a legal symposium at the law review publisher's premises featuring speakers from the Brazilian Government, U.S. industry, academia and civil society.
Liaised with U.S. Government officials and prepared and submitted formal comments via the designated U.S. WTO enquiry points, on behalf of Colombian dietary supplement product companies prior to the entering into force of the Colombia-U.S. FTA, explaining U.S. dietary supplements law and applicable Codex guidelines, and identifying domestic and foreign industry protectionism as the source of serial changes in Colombian Government health and sanitary registration laws and regulations then implemented to impede the market access of U.S.-based dietary supplement exports.