The 2020 Annual Meeting & Leadership Meeting On-Demand Sessions

about the 2020 Annual Meeting & Leadership Meeting

We are excited to announce our schedule for the 2020 Annual Meeting & Leadership Meeting on-demand sessions, now available on the virtual meeting platform.

Our live educational sessions will also be available to you as on-demand recordings shortly after their live presentation. All on-demand sessions can be viewed at your convenience during and after the meeting, until January 10, 2021.

We will continue to update this schedule so please be sure to check back periodically.

Platform Liability: Where Does It Begin and Where Should It End?

Internet platforms that display advertising and sales are rife with the opportunity for counterfeits and deceptive products. Brand owners have a compelling interest in having listings and ads for these products removed as soon as possible. So, too, do reputable Internet platforms, which do not want to be associated with these kinds of products and often lack knowledge of whether the products are genuine. But platforms also have an interest in fair, competitive marketplaces, and it is not always in consumers’ best interest to remove listings just because a brand owner claims the listing is not authorized. This panel will address the following issues:

• Brand owner strategies for getting infringing content removed quickly
• Platform policies and practices to prevent and remove infringing content
• Current developments and trends in platform liability
• Whether the current liability tests represent the right balance between the interests of consumers, brand owners, and platforms
• Whether there are better tests that could be adopted

Moderator: Margret Caruso, Quinn Emanuel Urquhart & Sullivan, LLP (USA)

Speakers:
Tara Steketee, Merck & Co., Inc. (USA)

Anticounterfeiting/Brand Protection

Regional Update: India—Updates on Key Developments in Trademark Law and Legal, Administrative, and Policy Landscape

Speakers from India will share notable recent developments to the IP landscape in the country, focusing on developments in trademark laws, rules, and regulations, while sharing some of the most important trademark judgments by the courts in the recent year.

These updates will also include notable developments in:

• The overall IP landscape in light of the COVID-19 pandemic.
• Business process re-engineering at the IP office.
• Legislative and policy sectors, including any key amendments, proposals for amendments and reports.
• The session will also highlight important developments in other sectors that may have had a significant impact on trademarks

Moderator: Pravin Anand, Anand and Anand (India)

Speakers:
Samta Mehta, Remfry & Sagar (India)
Om Prakash Gupta, Office of the Controller General of Patents, Designs & Trademarks (India)

Around the World—Regional Updates

Update from Africa and the Middle East

This session will provide an overview of major trademark and other IP-related developments in key countries in Africa and the Middle East. An esteemed panel of IPO leaders and practitioners, will discuss developments in trademark and IP laws, rules, and regulations. In addition, panelists will discuss unique features of certain local IP systems, the enforceability of international trademark registrations, and copyright reforms in major markets.

Moderator: Bahia Al Yafi, Alyafi IP Group

Speakers:
Abdulaziz Muhammad Al-Swailem, Saudi Intellectual Property Authority (SAIP) (Saudi Arabia)
Zain Alawamleh, Industrial Property Protection Directorate—Ministry of Industry, Trade and Supply (Jordan)
Shafiu Adamu Yauri, Trademarks, Patents and Designs Registry (Nigeria)

Around the World—Regional Updates

Latin America Regional Update: Developing by Leaps and Bounds

Change is the only constant as 2019 has clearly shown for Latin America. The entry into force of the Madrid Protocol in Brazil, the significant legislative changes in some countries, recent decisions from the Andean Court of Justice, the establishment of new national IP strategies, and a common effort for modernization and harmonization of laws and practice in the region. Speakers from the countries concerned will explain the main changes, projects and objectives ahead, and will address the opportunities and challenges for brand owners in the new framework.

Speakers:
Loreto Bresky, National Director Instituto Nacional de Propiedad Industrial-INAPI (Chile)
Claudio Vilar Furtado, President Intituto Nacional Da Propiedade Industrial-INPI (Brazil)
Lucía Estrada Echevarría, National Director National Direction of Industrial Property-DNPI (Uruguay)

Around the World—Regional Updates

Global Portfolio Management and Brand Protection

The session will provide practitioners with valuable insight into global portfolio management viewed through the lifecycle of a trademark—complete with war stories of success and pitfalls to avoid. Speakers will discuss:

• Brand ideation to name conception
• Searching (including decisions of which classes, countries, types of search)
• Filing strategy, including strategic considerations (Madrid vs. National), “secret” filings, risk assessment)
• Foreign languages
• Special considerations for acquisition vs. new brand development
• Continual revision
• Relationships with your associate networks
• Cost considerations

Moderator: Lynn Humphreys (USA)

Speakers:
Christopher George, Intel Corporation (USA)
Stuart Green, Davies Collison Cave (Australia)
Ian Gruselle, Bristows LLP (United Kingdom)

Around the World—Regional Updates

Understanding Brand Valuation and the New Concept of Brand Evaluation

Over the years, businesses have seen a fundamental shift in the sources of value creation from their tangible assets to their intangible assets―their intellectual property. In today’s knowledge-based economy, intangible assets, including brands, are recognized as highly valuable properties, contributing to revenue and growth, and propelling a significant share of the value of a business. But just how much? How should brands be valued―especially the non-financial parts? How does the new ISO Standard on Brand Evaluation factor into the overall valuation of brands? Get a 360-degree perspective from marketing experts, standard-setting experts, and financial experts on:

• Understanding the concept of brand valuation and the newer concept of brand evaluation
• Gaining familiarity with the ISO standards relating to brand valuation and brand evaluation
• Learning to transform both brand valuation and brand evaluation standards into ongoing best practices for purposes of brand development, maintenance, enforcement, and value creation

Moderator: Krista Holt, Econ One (USA)

Speakers:
Safir Anand, Anand And Anand Advocates (India)
Bobby Calder, Kellogg School of Management, Northwestern University (USA)
Gabriela Salinas, Brand Finance Plc (United Kingdom)

Commercialization of Brands/Brand Value

Where Trademarks Meet the Taxman: Becoming a Strategic Partner by Developing Tax Reflexes in Trademark Practice

Join in-house practitioners, external counsel, and tax specialists for a discussion on how trademark practitioners can drive significant value through awareness of and engagement on tax issues.

Hear directly from tax specialists to learn key issues that inform trademark management throughout the trademark lifecycle (e.g., ownership, licensing, and enforcement that may arise in connection with internal restructurings, mergers, acquisitions, and other transactional matters involving intellectual property).

Benefit from lessons learned by trademark practitioners who have developed strong tax knowledge. Learn about trends in IP taxation including repatriation of IP and transfer pricing.

Moderator: Jeff Marowits, Keystone Strategy, LLC (USA)

Speakers:
Erica Han, Ropes & Gray (USA)
Jennifer Mikulina, McDermott Will & Emery LLP (USA)
Volker Käbisch, PricewaterhouseCoopers GmbH (Germany)

Commercialization of Brands/Brand Value

Influencer Marketing: Dead or More Alive Than Ever?

In a global market, the temptation to use celebrities— whether traditional celebrities or those who have become famous as a result of the growth of digital communications—has led to the need for appropriate legal review in order to avoid running afoul of regulations that may differ from region to region. This session will provide the audience with dos and don’ts in the ecosystem of social networks, marketing, and advertising when a third party is retained to promote a brand.

The panel will discuss:

• Cases of impact covering the lessons learned from a global perspective, understanding that global brands need to have a 360° approach when communicating to their audience.
• From mega-influencers to nano-influencers: as we see in the worlds of sports and entertainment, individuals are becoming a force. Are we living in a time when the value of celebrities equals the relevance of brands? Is the available technology providing the right outcome?
• The relationship between brands and consumers is no longer a monologue and choosing celebrities as brand “ambassadors” comes with both benefits and risks, which must be considered

Moderator: Ricardo Alberto Antequera H., Antequera Parilli & Rodríguez (Venezuela)

Speakers: 
Margret Knitter, SKW Schwarz Rechtsanwaelte (Germany)
Michael Liu, Hylands Law Firm (China)
Brian Murphy, Frankfurt Kurnit Klein & Selz, P.C. (USA)

In-House Practice and Strategy

Blockchain: A Strategic IP Tool for Protection, Development and Competition

Will blockchain disrupt intellectual property, and if so, how? Considering the many advantages of a decentralized and distributed ledger regarding traceability, lower central counterparty risk, and greater digital security in the transmission and storage of information, blockchain quickly piqued the attention of many industries characterized by the value and the protection of intellectual property. Opportunities stemming from this new technological and economical paradigm increasingly represent a strategic stake for companies. Let’s explore the blockchain possibilities for IP registration and protection, notably for authentication and provenance purposes in the detection and/or retrieval of counterfeit, stolen, and or parallel-imported goods.

Moderator: Raphaëlle Dequiré-Portier, Gide Loyrette Nouel (France)

Speakers:
Tom Barrett, Encirca (USA)
Bennett Collen, GoDaddy.com, LLC (USA)
Kilian Scharli, Meyerlustenberger Lachenal AG (Switzerland)

Innovation and the Future of IP

Professor vs. Practitioner Debate: How Far Can Artificial Intelligence Go in Trademark Law?

The Professor vs. Practitioner Debate is intended to bring passion and intellectual rigor (not to mention a fair bit of good humor) to the Annual Meeting. Each year, in a rumble between all-stars, a renowned professor battles a prominent practitioner regarding an important issue in trademark law. The debate resolution is designed to be provocative, and debaters are asked to take extreme opposing positions on it. Equivocation is discouraged! The debate will observe traditional rules and strict time limits, with an opportunity at the conclusion for audience voting and questions.

This year’s debate topic concerns Artificial Intelligence (AI) and its growth in significance, use, and adaptation to multiple industries, including in trademark law. But how far can AI go in replacing human judgment in addressing clearance and enforcement issues? Join us for a thoughtful and friendly debate on the issue.

Moderator:
Megan Carpenter, University of New Hampshire Franklin Pierce School of Law (USA)

Speakers:
Ainslee Schreiber, WeWork (USA)

Innovation and the Future of IP

IP Policy Considerations and Strategies for Protecting AI
This session is presented in collaboration with the Intellectual Property Owners Association; it was first presented as part of their virtual Annual Meeting in September. INTA gratefully acknowledges their commitment and expertise in helping to develop our Patent Track for this Meeting.

Artificial intelligence (AI) continues to present new challenges and opportunities in IP. The panel will focus on timely topics surrounding AI, including the different types of IP protection available, inventorship/authorship issues, and strategies for patenting AI in the United States and Europe. This presentation was organized by the Intellectual Property Owner Association’s (IPO) European Practice, AI & Other Emerging Technologies, and Software Related Inventions Committees.

Speakers:
Andrea Evensen, Siemens Corp. (USA)
Adeline Fleming, MasterCard International Incorporated (United Kingdom)
Jonathan Osha, Osha Liang, LLP (USA)
Ryan Phelan, Marshall, Gerstein & Borun LLP (USA)
Scott Pojunas, Google Inc. (USA)

Patents

IP Rights and Technology Transfer Reforms under the U.S.-China Economic and Trade Agreement
This session is presented in collaboration with the Intellectual Property Owners Association; it was first presented as part of their virtual Annual Meeting in September. INTA gratefully acknowledges their commitment and expertise in helping to develop our Patent Track for this Meeting.

This panel focuses on the IP rights and technology transfer reforms under the U.S.-China Economic and Trade Agreement (“Phase One” Agreement), which has been among the most significant economic developments of the past few years. The panels discusses IP aspects of the Agreement, including trade secrets, trademarks and counterfeits, and patents (including pharmaceutical patents), along with policies and practices related to technology transfer, and selected general provisions of the Agreement.

This session is presented in collaboration with the Intellectual Property Owners Association and was organized by the IPO Trade Secrets, Asian Practice, and International Patent Law & Trade Committees. INTA gratefully acknowledges their commitment and expertise in helping to develop our Patent Track for this Meeting.

Speakers:
Manisha Desai, UCB Biopharma (Belgium)
Yen Florczak, 3M Innovative Properties Co. (USA)
John Thomas, Medtronic, Inc. (USA)
Vivian (Ya) Zhang, Advance China IP Law Office (China)

Patents

Public Policy in the Patent World
This session is presented in collaboration with the Intellectual Property Owners Association. INTA gratefully acknowledges their commitment and expertise in helping to develop our Patent Track for this Meeting.

Join the Deputy Executive Director and Senior Director for Global Affairs of the Intellectual Property Owners Association for a discussion about public policy in the patent world, both in the U.S. and internationally.

Speakers:
Samantha Aguayo, Intellectual Property Owners Association (USA)
Tom Valente, Intellectual Property Owners Association (USA)

Patents

Business Development and Growing Your Practice: How Associates and Partners Should Market for Success in a Crowded Marketplace

Many IP attorneys have found that bringing in more work has become more difficult over the past decade or more. Competition has grown and clients expect increasingly specialized services, which means marketing and business development best practices have evolved.

With a panel representing both the marketers and buyers of IP legal services, this session will help attendees understand the modern approach to business development. It will review which activities are proven to work best, how building trust is key in the business development process for lawyers. You will also hear firsthand from in-house counsel, and big-firm private practice as to what they want to hear when they are being pitched, as well as the key elements guiding their spending decisions.

This intermediate level session is aimed at all private practice practitioners, from single-attorney practices to big-firm leaders.

Moderator: Phil Cox, DarbyCox (USA)

Speakers:
Imogen Fowler, Hogan Lovells (Alicante) SL y Cia (Spain)
Rudy Gaines, Creative Business Growth (USA)
Myrtha Hurtado Rivas, Novartis International (Switzerland)

Professional Advancement

Trends and Issues in the Food and Restaurant Industry During COVID-19

The global pandemic has affected many industries, and, in particular, the food/restaurant industry, on a number of fronts. The food industry must evolve rapidly to accommodate and maintain earlier trends during these challenging times, including a focus on a healthier and more sustainable food future, a focus on social responsibility, promoting health and safety, providing consumers with a “contactless” safe experience, and looking for new ways to be disruptive and unique to stand out from competitors in a virtual world. We see many businesses adopting product names or suspending/dropping well-known, if not famous marks, to try to change their messaging. Further, the food sector is continuing to focus on marketing and labelling requirements to accommodate meat substitutes and other consumer demands for plant- based foods. Finally, marketing is a significant focus, not only to avoid any offensive messaging or racial stereotypes, but to ensure that healthy and positive messages are relayed in light of COVID-19. Hear from experienced in-house counsel on how their businesses are navigating these challenging times and what they are dealing with to continue to promote their brands, products, and services. This session will cover trends, tips, and considerations in relation to the following:

• Consumer messaging, and health and safety, including how businesses are changing/suspending their well-known marks to accommodate social change and COVID-19, and what businesses are considering when developing new brands in this industry;
• Sustainability, including how COVID-19 has affected/disrupted earlier trends;
• Regulatory issues and health claims, including issues relating to the categorization of meat substitutes and menu labeling
• Emerging markets and regulatory considerations in these and other markets, particularly in relation to promoting products on the web.

Moderator: Stephanie Vaccari, Baker & McKenzie LLP (Canada)

Speakers:
Charles Chen, Panda Restaurant Group (USA)
Larisa Colton, YUM! Brands, Inc. (USA)

Regulatory Issues

How to Comply with GDPR: An Analysis of Regulatory Guidance from Europe Since 2018

The European Data Protection Board has issued guidance to help clarify complex questions that have been raised over the past two years of the implementation of General Data Protection Regulation (GDPR). Issues to be discussed include:

• The effect, if any, of the private right of action on the effectiveness of data protection law in general
• A brief summary of the guidance
• The effect of the guidance on the way companies operate
• The clarity of the guidance
• Open questions for brands
• How the guidance has affected brands outside the EU

Moderator: Patricia McGovern, DFMG Solicitors (Ireland)

Speakers:
Sheena Jacob, CMS Holborn Asia (Singapore)
Jo Joyce, Taylor Wessing (United Kingdom)
Brian King, MarkMonitor (USA)

Regulatory Issues

Design Pragmatics: How to Protect and Enforce Your Product Designs—Design Protection Protocols in the U.S. and the EU

This session will include a discussion of:

• Comparison of different regiments to protect product designs
• Design patents, copyright, trade dress and trademark, GUIs
• Registered versus unregistered rights and benefits of each
• Length of protection and nature of where rights can overlap
• Divergent standards to prove infringement
• Recent decisions finding design infringement under various forms of protection
• Cost of protection/cost of enforcement/possibility of monetary recovery under relevant statutes and in practice based on reported cases
• Other remedies

Moderator: Joseph J. Conklin, Coty Inc. (USA)

Speakers:
Robert Katz, Banner & Witcoff, Ltd. (USA)
Lisa Ritchie, Philip Morris Products S.A.(Switzerland)
David Stone, Allen & Overy LLP (United Kingdom)

Related Rights

Right of Publicity: Hidden Traps and Suggested Strategies

“There are no harmonized right of publicity laws. In fact, when looking at the United States, there is no single federal law; rather, rights are determined at the state level. The lack of harmonization is a roadblock when considering that we live in a global marketplace where communications and marketing materials cross borders in moments across social media, e-commerce sites, and other forms of electronic communication.

Right of publicity claims may lurk in obscurity, as the right applies to more subtle situations than using someone’s name or likeliness in an ad. Sharing, reposting, or liking celebrities’ photos or posts on social media might be problematic. Also, considering the dos and don’ts for use in video games, songs, and elsewhere is a challenge for legal practitioners.

This panel will discuss recent cases on the right of publicity and will provide some best practices and considerations for when you are considering the use of personal characteristics of a famous, infamous, or unknown individual, such as:

• First Amendment protections that may limit the right of publicity
• Transferability of the right of publicity and post-mortem rights
• Choice of law: Considerations for public personalities living outside of the United States

Moderator: Michel Béjot, Bernard Hertz Bejot Societe d’Avocats (France)

Speakers:
Andrew Avsec, Brinks Gilson & Leone (USA)
Jeremy Blum, Bristows (United Kingdom)
Margret Knitter, SKW Schwarz (Germany)

Related Rights