37th Annual Conference
19th - 22nd September 2023
IN BRANDS WE TRUST:
The Next Frontier
Tuesday 19th - Friday 22nd September 2023
The Next Frontier
Tuesday 19th - Friday 22nd September 2023
PROGRAMME:
Thursday, 21st September 2023
Thursday, 21st September 2023
| 08.00 | CORPORATE
BREAKFAST (by invitation only) Breakfast meeting for Corporate Members. |
| MODERATORS: Zhanna Kryukova, Nord-Lock International AB, Sweden |
|
| Edanela Perez Broce, Philips International B.V, The Netherlands | |
| 09.30 | PART 5 -
PLATFORM-LIABILITY - STILL THE OLD STUFF OR DO WE HAVE NEW RULES? New regulations such as the EU Digital Services Act and the Omnibus Directive address issues such as platform transparency, search lists and gatekeeper liability. But what is their impact on trade mark protection and enforcement? This panel will discuss the latest measures, and the steps that brand owners need to take in response. |
| SESSION CHAIR: Andreas Lubberger, Lubberger Lehment, Germany Member of the MARQUES Famous & Well Known Marks Team |
|
| SPEAKERS: Guido Baumgartner, Coty, Germany Member of the MARQUES Council and Amicus Curiae Team |
|
| Harrie Temmink, Head of Service Intellectual Property in the Digital World, EUIPO, Spain | |
| Edward Taelman, Allen & Overy, Belgium | |
| LEWIS GAZE MEMORIAL SCHOLARSHIP PRESENTATION | |
| 11.00 | COFFEE AND EXHIBITORS |
| 11.30 | PART 6 - IN WIPO
WE TRUST, THE NEXT FRONTIER This session will look at current opportunities and challenges faced by WIPO, brand owners and practitioners, including geography (with a particular focus on Africa), languages and technology. Speakers will discuss the impact of these aspects and how to navigate the opportunities and challenges that they present. |
| SESSION CHAIR: Gavin Stenton, Penningtons Manches Cooper LLP, U K Vice-Chair of the MARQUES International Trade Mark Law & Practice Team |
|
| SPEAKERS: Mariette Du Plessis, Adams & Adams, South Africa Secretary of the MARQUES International Trade Mark Law & Practice Team |
|
| Jessica Le Gros, Baker McKenzie, SU K Chair of the MARQUES International Trade Mark Law & Practice Team |
|
| Theodora Goula, Hugo Boss, Switzerland Member of the MARQUES Dispute Resolution Team |
|
| Anna-Lena Wolfe, EF Education First, Switzerland | |
| Debbie Roenning, Director of Madrid Legal Division, Madrid Registry, Brands and Designs Sector, WIPO, Switzerland | |
| 12.30 | LUNCH |
| 14.00 | WORKSHOP I or
CHOICE OF TOUR The workshops are repeated at 15.30hrs to allow you to attend 2 workshop sessions |
| Workshop 1 - Chinese IP/TM Updates Members of the MARQUES China Team will present an update on recent developments and cases in China. The discussion will include perspectives from practitioners in both Europe and China. It will be opened by Julia Zhong and Mr. Ma, the President of China Trademark Association, and moderated by Mirjam de Werd. Presentations will be made by Reinout van Malenstein, Tingxi Huo and Dan Plane. There will also be an opportunity for the audience to ask questions and raise issues of interest relating to China. |
|
| Presented by The MARQUES China Team | |
| Workshop 2 - What you always wanted to know about GIs but
never dared to ask! Are you aware of the 3,500 potential trade mark conflicts in the EU that you won’t find in any trade mark database, with a scope of protection that goes beyond regular trade mark protection? That is the number of registered GIs in the EU – and it is growing! That is reason enough to join this workshop in which members of the GI Team talk through the essentials of GI protection, give examples of conflicts and your input, and provide some insights as to developments and challenges ahead. |
|
| Presented by The MARQUES Geographical Indications Team | |
| Workshop 3 - Brand, product, packaging, communications,
certifications - how to do it right in light of sustainability
regulations in Europe A sustainable brand is one that has successfully integrated environmental, economic and social issues into its business operations. The in-house perspective is crucial to this topic. This workshop will shed some light on how brand legal teams can manage the high expectations set by business and marketing teams whilst ensuring that sustainability claims remain credible and meet the relevant requirements. A certification expert will address the practical side, discussing certification processes, advantages and pitfalls. Counsel will outline legal trends from EU jurisdictions in which legislators are at the forefront developing sustainability standards and enshrining these into law. |
|
| Presented by The MARQUES Regulatory Team | |
| Workshop 4 - Walking the tightrope of brand engagement: from
virtue signaling to meaningful change Whether by their own choice or by consumer choice, brands are finding themselves increasingly engaged in the rhetoric of key aspects of society, justice and cultural inclusivity amid growing concerns relating to change, climate and community. The question is rapidly moving from ‘should brands be engaged’ to ‘how to manage brand engagement’. In this interactive workshop, members of the IP Emerging Issues Team will explore what legal issues can arise, why IP lawyers should care, and how they can be ready to help their clients. The skills learned in this workshop could be the key to ensuring the brand professional is both alert and equipped to face these ever-evolving challenges and balance expectations. |
|
| Presented by The MARQUES IP Emerging Issues Team | |
| Workshop 5 - Rule of neutralization: a danger for reputed
marks? According to settled case law of the Court of Justice and General Court, phonetic and visual similarities between two signs may be neutralized or counteracted by conceptual differences in the global assessment of the likelihood of confusion or association to the extent that at least one of those signs has a clear and fixed meaning for the relevant public which that public can immediately understand, while the other sign has no meaning or a totally different meaning. Therefore, can Apple successfully oppose an application for the trade mark Ipple in class 9? The answer is probably: no. This workshop will provide an overview of the jurisprudence of the European courts and the dangers it may involve for marks with a fixed meaning. Attendees will play the role of the EUIPO or a national court in dealing with conflicts involving such marks, while Team members will provide perspectives from the US and Switzerland. |
|
| Presented by The MARQUES Famous & Well-Known Marks Team | |
| Workshop 6 - Update on new EU design law and its practical
impact EU design law is undergoing a comprehensive reform, the first of its kind. In late 2022, the EU Commission presented its proposals for a new EU design regulation and new EU design directive. This workshop, hosted by the MARQUES Designs Team, will give participants a handy overview on the Commission’s proposal, including the most important legal changes and the current status of the legislative process. The workshop will especially highlight certain aspects that will likely be of high practical relevance, such as the broadened definition of a "design" and the newly introduced "repair clause". Speakers will include Dimitris Botis - Director Legal Department, EUIPO and Gaile Sakalaite - Leader in charge of the designs reform, EUIPO. |
|
| Presented by The MARQUES Designs Team | |
| 15.30 | WORKSHOP II |
| Workshop 1 - Chinese IP/TM Updates Members of the MARQUES China Team will present an update on recent developments and cases in China. The discussion will include perspectives from practitioners in both Europe and China. It will be opened by Julia Zhong and Mr. Ma, the President of China Trademark Association, and moderated by Mirjam de Werd. Presentations will be made by Reinout van Malenstein, Tingxi Huo and Dan Plane. There will also be an opportunity for the audience to ask questions and raise issues of interest relating to China. |
|
| Presented by The MARQUES China Team | |
| Workshop 2 - What you always wanted to know about GIs but
never dared to ask! Are you aware of the 3,500 potential trade mark conflicts in the EU that you won’t find in any trade mark database, with a scope of protection that goes beyond regular trade mark protection? That is the number of registered GIs in the EU – and it is growing! That is reason enough to join this workshop in which members of the GI Team talk through the essentials of GI protection, give examples of conflicts and your input, and provide some insights as to developments and challenges ahead. |
|
| Presented by The MARQUES Geographical Indications Team | |
| Workshop 3 - Brand, product, packaging, communications,
certifications - how to do it right in light of sustainability
regulations in Europe A sustainable brand is one that has successfully integrated environmental, economic and social issues into its business operations. The in-house perspective is crucial to this topic. This workshop will shed some light on how brand legal teams can manage the high expectations set by business and marketing teams whilst ensuring that sustainability claims remain credible and meet the relevant requirements. A certification expert will address the practical side, discussing certification processes, advantages and pitfalls. Counsel will outline legal trends from EU jurisdictions in which legislators are at the forefront developing sustainability standards and enshrining these into law. |
|
| Presented by The MARQUES Regulatory Team | |
| Workshop 4 - Walking the tightrope of brand engagement: from
virtue signaling to meaningful change Whether by their own choice or by consumer choice, brands are finding themselves increasingly engaged in the rhetoric of key aspects of society, justice and cultural inclusivity amid growing concerns relating to change, climate and community. The question is rapidly moving from ‘should brands be engaged’ to ‘how to manage brand engagement’. In this interactive workshop, members of the IP Emerging Issues Team will explore both the importance of engagement and strategic options for engagement, while at all times working to retain the brand’s integrity. The skills learned in this workshop could be the key to ensuring the brand professional is both alert and equipped to face these ever-evolving challenges and balance expectations. |
|
| Presented by The MARQUES IP Emerging Issues Team | |
| Workshop 5 - Rule of neutralization: a danger for reputed
marks? According to settled case law of the Court of Justice and General Court, phonetic and visual similarities between two signs may be neutralized or counteracted by conceptual differences in the global assessment of the likelihood of confusion or association to the extent that at least one of those signs has a clear and fixed meaning for the relevant public which that public can immediately understand, while the other sign has no meaning or a totally different meaning. Therefore, can Apple successfully oppose an application for the trade mark Ipple in class 9? The answer is probably: no. This workshop will provide an overview of the jurisprudence of the European courts and the dangers it may involve for marks with a fixed meaning. Attendees will play the role of the EUIPO or a national court in dealing with conflicts involving such marks, while Team members will provide perspectives from the US and Switzerland. |
|
| Presented by The MARQUES Famous & Well-Known Marks Team | |
| Workshop 6 - Update on new EU design law and its practical
impact EU design law is undergoing a comprehensive reform, the first of its kind. In late 2022, the EU Commission presented its proposals for a new EU design regulation and new EU design directive. This workshop, hosted by the MARQUES Designs Team, will give participants a handy overview on the Commission’s proposal, including the most important legal changes and the current status of the legislative process. The workshop will especially highlight certain aspects that will likely be of high practical relevance, such as the broadened definition of a "design" and the newly introduced "repair clause". Speakers will include Dimitris Botis - Director Legal Department, EUIPO and Gaile Sakalaite - Leader in charge of the designs reform, EUIPO. |
|
| Presented by The MARQUES Designs Team | |
| 19.00 | BLACK TIE GALA DINNER & DANCE |
