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Design Protection Conference
Program


 

 

 Monday, September 10

 
9:00 am–6:00 pm
Registration and Information Desk Open
9:45 am–10:40 am

Welcome and Introductions

Welcome Speakers:

  • Alan C. Drewsen, Executive Director, International Trademark Association (United States)
  • Gregg Marrazzo, 2012 INTA President, The Estee Lauder Companies (United States)
  • Leopold von Gerlach, Program Co-Chair, Hogan Lovells International LLP (Germany)
  • Johan Løje, Program Co-Chair, Sandel, Løje & Partnere (Denmark)

Welcome Address:

  • The Honorable Margrethe Vestager, Minister for Economic Affairs and the Interior (Denmark)
10:40 am–12:25 pm

SESSION I

Interplay Between Designs, Copyrights and Trademarks

In Europe and beyond, there are different protection systems for product designs and get-up. They differ with respect to requirements for protection, scope of protection, term of protection, time needed to secure rights, requirements for upholding rights, enforcement options, cost, etc. Furthermore, in Europe there are differences on a national level and with the Community rights. Copyright for product shapes is not harmonized at all, and there are big differences between Member States.

Speakers will discuss:

  • The requirements and the benefits of protection under each of these rights.
  • The scope of the available claims under them.
  • How to use the available regimes to one's benefit.
  • How courts in various countries deal with the interplay between the systems.

Moderator:

  • Alexander Klett, Reed Smith LLP (Germany)

Speakers:

  • Henning Hartwig, Bardehle Pagenberg (Germany)
  • Fabrizio Jacobacci, Studio Legale Jacobacci & Associati (Italy)
  • Stefan Naumann, Hughes Hubbard and Reed LLP (France)
  • Lucy Nichols, Nokia Inc. (United States)
12:25 pm–1:30pm
Lunch
1:30 pm–2:45 pm

SESSION II

 

The Balance Between Functional and Aesthetic Features in Product Designs

Companies invest significant resources into designing new and unique products that both function differently and look differently. The courts and legislators have attempted to establish a balance between protecting these aesthetic expressions and allowing free competition in unprotected functional features. Rights holders have attempted to negotiate this fine line, sometimes successfully, sometimes not.  The protection of aesthetic product shapes via trade dress and design law is impacted by functionality considerations and this session will explore how these functionality limits have been applied by the courts and how they have practically affected stakeholders.  While functionality is essentially a question of fact, it can be challenging to understand the limits of functionality as applied to designs and to trade dress and to apply the various legal tests in both Europe and the US. 

Topics will include:

  • How have the courts interpreted the phrase “solely dictated by technical function” with regard to product designs?
  • How have the courts balanced the protection of aesthetic features with the allowance of the free use of unprotected functional features?  
  • Is there a difference between how the courts treat the issue of functionality for trade dress and for design patents/registrations, and if so, why?
  • Can “spare parts” be protected by design law and what strategies can be adopted for these products?
  • What strategies can be used to avoid functionality objections?

Moderator:

  • Henry Lue, Dimock Stratton LLP (Canada)

Speakers include:

  • Anna Carboni, Redd Solicitors LLP (United Kingdom)
  • Perry Saidman, Saidman DesignLaw Group (United States)
  • Eric Siecker, Caterpillar Legal Services Division (United Kingdom)
2:45 pm–3:00 pm 
Dessert Break
3:00 pm–3:45 pm 

SESSION III

Creating Designs – Looking Towards the Future

Discover the IP issues that need to be addressed in the creation of high tech, innovative designs, specifically:

  • When “networking” and “co-designing” are used to develop solutions in the design process with short lead times;
  • When technology and design are integrated in order to meet consumer needs for smart/multifunctional products;
  • When you are able to print your own goods through 3D printing;
  • When nano technology is combined with the use of new materials in the design process

Moderator

  • Karen Fong, Rouse Legal (United Kingdom)

Speakers:

  • Steinar Valade-Amland, Danish Designers (Denmark)
  • Karen Fong, Rouse Legal (United Kingdom)
3:45 pm–3:50 pm 
Change of Panel Break
3:50pm–5:20 pm

SESSION IV

The Value of Design Innovation in Consumer Products from a Product Development and Economic Perspective

A panel of non-lawyers will discuss the development process and economic benefit of developing and integrating unique, innovative designs into consumer products and the economic impact realized from such product differentiation.

Providing an economic perspective, these experts will also present a useful analysis of the value specifically attributable to (a) companies and (b) sales of individual products integrating such innovative designs.

Moderator:

  • Richard McKenna, Foley & Lardner LLP (United States)

Speakers:

  • Nille Juul-Sørensen, Danish Design Center (Denmark)
  • Flemming Møller Pedersen, Bang & Olufsen (Denmark)
5:20 pm
Adjourn
5:30 pm–7:00 pm
Welcome Reception
 

 Tuesday, September 11

 
8:30 am–5:00 pm 
Registration and Information Desk Open
9:00 am–9:10 am 
Welcome and Daily Overview
9:10 am–9:25 am 

SESSION V

Design Rights Subcommittee Update

Receive an update on the activities of INTA’s Design Rights Subcommittee and projects it is working on to further the Association’s mission in this area.

Speaker:

  • Keith Howick, Carpmaels & Ransford (United Kingdom)
9:25 am–10:40 am
 
SESSION VI

The Hague System and Community Designs –
The How, When, Where, Why (and Why Not?)

Get advice directly from the source on how to best utilize the two systems, including inside information on all the practical aspects of obtaining registrations, combined with industry advice on the pros and cons of the two systems. You will leave fully equipped to take advantage of these systems.

Moderator:

  • Susie Arnesen, Sandel, Løje & Partnere (Denmark)

Speakers:

  • Gregoire Bisson, WIPO (Switzerland)
  • Lucy Nichols, Nokia Inc. (United States)
  • David Stone, Simmons & Simmons (United Kingdom)
10:40 am–11:00 am
Networking Break
11:00 am–12:00 pm

SESSION VII

Highlights of European Case Law

In an interview format, you will receive an overview of the most prominent cases and decisions on Community designs as well as highlights and controversial issues of matters before the European Courts, the Office and Appeal Boards.

Moderator:

  • Leopold von Gerlach, Hogan Lovells International LLP (Germany)

Speaker:

  • David Stone, Simmons & Simmons (United Kingdom)
12:00 pm–1:00 pm
Networking Lunch
1:00 pm–2:30 pm 

SESSION VIII

Enforcement of Designs

A comprehensive and well thought-out enforcement strategy is critical to protect and prevent designs from infringement activity.  Through use of a case study involving a multinational design infringement, you will gain insights and useful tips on how major jurisdictions deal with and coordinate Customs measures, different types of proceedings, protection strategies, practical issues as costs and timing, as well as how intellectual property owners can coordinate multinational enforcement matters.

Moderator:

  • Gregor Vos, Klos Morel Vos & Schaap (Netherlands)

Speakers:

  • Till Lampel, Harmsen & Utescher (Germany)
  • Luke Minford, Rouse (United Kingdom)
  • Perry Saidman, Saidman DesignLaw Group (United States)
  • Gregor Vos, Klos Morel Vos & Schaap (Netherlands) 
2:30 pm–2:45 pm
Break
2:45 pm–3:45 pm

SESSION IX

Complex Legal Issues in the Area of Designs

Enjoy a high-level and interactive discussion on:

  • U.S. conflict between designs, patents and trade dress
  • Copyright protection of designs and impact on the Bern Convention

Moderator:

  • Uwe Lueken, Bird & Bird (Germany)

Speaker:

  • Johan Løje, Sandel, Løje & Partnere (Denmark)
  • Perry Saidman, Saidman DesignLaw Group (United States)
3:45 pm-3:50 pm
Change of Panel Break
3:50 pm–4:50 pm 

SESSION X

Look-Alikes and Trade Dress Protection

Receive a tour d'horizon through the protection levels in European countries, with a focus on unfair competition legislation. Discussion will include:

  • EU Commission study on look-alikes.
  • Parasitic copying.
  • Protection levels at European courts.

Moderator:

  • Johan Løje, Sandel, Løje & Partnere (Denmark)

Speakers:

  • Uwe Lueken, Bird & Bird (Germany)
  • Johan Løje, Sandel, Løje & Partnere (Denmark)
  • Stefan Naumann, Hughes Hubbard and Reed LLP (France)
4:50 pm 

Adjourn 

Speakers:

  • Leopold von Gerlach, Hogan Lovells International LLP (Germany)
  • Johan Løje, Sandel, Løje & Partnere (Denmark)
 

 Continuing Legal Education

 

This conference qualifies as an educational program in the following countries:

• Denmark: 14 lessons
• Ireland: 11 hours of General CPD by Group Study
• Italy: 1 credit per hour. Click here for the CNF Communication.
• United Kingdom: 11 CPD Points
• United States: CLE Points
• France: CNB accreditation number 12-038

For other countries, a Certificate of Attendance will be provided upon request. For more information, please email cle@inta.org. Be sure to stop by the Registration and Information Desk at the conference to sign the CLE book.

 

 Project Team

 

Exceptional topics, faculty and presentations have come to distinguish INTA programs and earn them an unmatched reputation in the field of trademark law and practice. INTA owes this achievement to the many volunteers who so willingly contribute their time and energy to this effort. INTA would like to thank the Project Team for its excellent work in planning and presenting this conference.

Chairs     

Leopold von Gerlach, Hogan Lovells International LLP (Germany) 

Johan Løje, Sandel, Løje & Partnere (Denmark)


INTA Staff Liaisons

Ann Eng, Director, Education

Stuart Ruff, Senior Planner, Meetings, Conventions & Events Strategy 
    
         
Project Team Members

Karen Fong, Rouse (United Kingdom)

Keith Howick, Carpmaels & Ransford (United Kingdom)

Alexander Klett, Reed Smith LLP (Germany)

Henry Lue, Dimock Stratton LLP (Canada)

Uwe Lueken, Bird & Bird (Germany)

Richard McKenna, Foley & Lardner LLP (United States)

Perry Saidman, Saidman DesignLaw Group (United States)

Gregor Vos, Klos Morel Vos & Schaap (Netherlands)