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Free Trade Zones: Commerce vs Counterfeits - Hong Kong
Program




 

 Wednesday, February 8, 2017

 
8:00 am–5:00 pm 
Registration and Information Desk Open
8:00 am–9:00 am 
Networking Coffee Hour
9:00 am–9:15 am 

Welcome and Opening Remarks

Heather McDonald, Baker & Hostetler LLP (United States)

Etienne Sanz de Acedo, International Trademark Association (United States)

9:15 am–10:00 am

Setting the Stage

Free trade zones provide key economic benefits and promote growth. The global proliferation of free trade zones in recent years has allowed for organized criminal networks to facilitate illicit trade flows in counterfeited, pirated and other illicit products. Hear about steps brand owners can take to balance facilitating legitimate trade while combating counterfeiting in the world’s free trade zones.

Speaker:
Jeffrey P. Hardy, ICC BASCAP (France)

10:00 am–11:15 am

Session I—Navigating the Free Trade Zone Landscape   

How to enforce your IP rights in a free trade zone is daunting to many brand owners. Hear from a panel of experts to understand the government authority scheme within a free trade zone, how it differs from other enforcement routines, and how to effectively collaborate with government authorities to enforce your IP rights.

Moderator/Speaker:
Jason Yao, Wan Hui Da Law Firm (China)

Speakers:
Joel Blank, United States Patent and Trademark Office, U.S. Embassy, Beijing (China)
Christopher Pater, U.S. Homeland Security Investigations (Hong Kong SAR, China)
M. Ravindran, Ravindran Associates (Singapore)
Catherine Zheng, Deacons (Hong Kong SAR, China)

11:15 am–11:30 am

Networking Break

11:30 am–12:45 pm

Session II—But I’m Only Passing Through

Counterfeiters create sophisticated and multi-tiered transit routes for their infringing products in order to disguise the country of origin and true destination by purposely passing through ports that lack sufficient border controls, due to lack of funding, manpower, etc. Hear from experts on how to work with customs officials and other government authorities to successfully stop these goods from entering into the commercial marketplace. This panel will also discuss what brand owners and intermediaries need to do to help customs officials identify and stop counterfeit goods. 

Moderator/Speaker:
Bienvenido Marquez, Quisumbing Torres (Philippines)

Speakers:
Lina Baechtiger, European Chamber of Commerce, Singapore (Singapore)
Christopher Clague, The Economist Group (Japan)
Simon Jim, European Chamber of Commerce, Singapore (Singapore)

12:45 pm–2:00 pm

Networking Lunch

2:00 pm–3:15 pm 

Session III—The Sum of All Parts

Counterfeiters find workarounds to avoid detection. For example, some counterfeiters ship only the manufactured parts to the free trade zone, and within the free trade zone, they then attach the brand owner’s mark to the substandard goods, and repackage, or re-label the counterfeit products. Another way counterfeiters work within the free trade zone is to manufacture the counterfeit product within free trade zone borders or use the free trade zone for storage of counterfeit products at legitimate businesses. This panel will discuss best practices to successfully identify counterfeiters within a free trade zone and how to disrupt their businesses to stop the manufacture and storage of counterfeit products.

Moderator/Speaker:
Owen Tse, Vivien Chan IP Services (Beijing) Limited (China)

Speakers:
Jonathan Chu, Stephenson Harwood (Hong Kong SAR, China)
Günther Marten, EUIPO IP Attaché – Trade Section (China)
Steve Payne, JT International Asia Pacific Ltd. (Hong Kong SAR, China)

3:15 pm – 3:30 pm
Networking Break     
3:30 pm–4:45 pm 
Session IV—Hit Them Where it Hurts: Civil and Criminal Remedies

Brand Owners may feel helpless in successfully enforcing their IP rights in free trade zones, which are intended to promote economic growth in an underserved area of a country. How can brand owners successfully stop counterfeiters where goods may be landed, handled, manufactured, reconfigured, and re-exported without intervention of customs officials? This session will help brand owners and intermediaries become more savvy in navigating the complexities of civil and criminal laws to enable them to effectively enforce their IP rights to activities within a free trade zone.

Moderator/Speaker:
Anna Mae Koo, Vivien Chan IP Services (Beijing) Limited (China)

Speakers:
Spring Chang, Chang Tsi & Partners (China)

4:45 pm–5:15 pm

Questions, Outcomes, and Next Steps

Panelists will answer questions and we invite delegates to share best practices. Participants will identify potential next steps to promote successful enforcement of brand rights in free trade zones.  

Discussion facilitated by Heather McDonald, Baker & Hostetler LLP (United States)

                           

5:15 pm–5:30 pm 
Wrap-Up and Thank you

CLE and CPD

This workshop qualifies for Continuing Legal Education (CLE) credits and Continuing Professional Development (CPD) points. For more information, please email CLE@inta.org.

Project Team

INTA would like to thank the Project Team for its excellent work in planning and presenting this workshop.

Project Team:
Maria Gonzalez-Gordon, Gomez-Acebo & Pombo (Spain)
Faisal Shah, AppDetex (United States)
Munir Suboh, Al Tamimi & Company, Advocates & Legal Consultants (United Arab Emirates)
Claudette Monique Vernot, Estrategia Juridica (Colombia)

INTA Staff Liaisons:
Sacha Colquhoun, International Trademark Association (United States)
Dolores Moro, International Trademark Association (United States)
Tiffany Pho, International Trademark Association (United States)
Maysa Razavi, International Trademark Association (United States)