INTA News

AI, Climate Change, Geopolitics: Among Priorities for Emerging Issues Committee in 2024

Published: January 31, 2024

Barbara Porcario Achaval Porcario San Juan Buenos Aires, Argentina Emerging Issues Committee

Nidia Osorio Nidia Osorio & Co. Bogota, Colombia Emerging Issues Committee

The Emerging Issues Committee (EIC) identifies and advocates for INTA’s policies on emerging issues and global trends shaping trademarks and intellectual property (IP). It works as an incubator and laboratory for the detection of trending issues. The EIC also welcomes suggestions on topics and trends to investigate and, during the 2024–2025 Committee Term, will consider new and emerging issues discovered and shared by others within the INTA community.

Once an emerging issue is identified, the corresponding EIC subcommittee or task force shall develop and launch the study of the detected issue and, where necessary, take the lead within INTA in developing a policy position and advocacy strategy.

Beyond what may come to the fore over the next two years, the EIC has identified the following issues for study in the 2024–2024 Committee Term:

Artificial Intelligence: The EIC will continue studying the impact of AI on employment relations and legal ethics, and regulation efforts around the globe, particularly in China, the EU, and the United States. In addition, the Committee will continue its collaboration with the Research Advisory Council on a study to be undertaken in 2024 looking at trademarks and generative AI.

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The New Digital Ecosystem: The EIC will continue the work laid out in last year’s Board Resolution, “Intellectual Property Rights in New Digital Ecosystems,” focusing on issues involving non-fungible tokens (NFTs), the metaverse, and the use of well-known trademarks in the new digital era.

Climate Change: In cooperation with the Brands and Sustainability Committee, the EIC shall study the impact of climate change on trademarks and devise strategies to counterbalance any potential negative impact on brands and determine whether a call for action is required. The group will also collaborate with other stakeholders within INTA to study the potential impact of an EU initiative on packaging and packaging waste to reduce use of non-recyclable goods and look at the economic impact of greenwashing litigation on various industries, such as the airline industry.

Cannabis: The EIC will work with the Brand Restrictions Committee to study the regulatory dissonance of cannabis regulations. Governments are using economic indicators to support the legalization of cannabis. However, though clearly positive, this data is overshadowed by regulations restricting advertising and the use of trademarks in this industry.

Embargoes and Sanctions and Treaty Compliance: On a geopolitical level, the EIC will continue to monitor the wars in Ukraine and Gaza, as well as all other potential conflicts or political situations that could lead to repercussions for the IP community. On this front, the Committee shall continue to research the mechanisms through which trademark owners can report to their corresponding authorities about potential violations of IP rights treaties.

Angels Investors: The Committee will work to see if and to what extent angel investors should investigate companies they are considering investing in to determine if those companies are taking the necessary steps to register and protect their IP assets.

Trademarks in Public Spaces by Sports Teams: A new incubator will study whether legislation exists in jurisdictions that regulate the use of trademarks in public spaces by sports teams and advocate as to the need of said regulations in jurisdictions that lack legislation.

Bridging the Generational Gap in IP: In addition, the EIC will launch an incubator to look at the generation gap in IP, with the aim of studying the impact of this unique moment in time, in which three distinct generations are active in the global workforce.

Influencers and Their Impact on Trademarks: In jurisdictions such as France, legislation already exists that regulates social media influencers, but other jurisdictions still lack laws and regulations. The EIC will conduct a thorough investigation and advocate for harmonized legislation on this issue.

Although every effort has been made to verify the accuracy of this article, readers are urged to check independently on matters of specific concern or interest.