2020 AIPPIWORLDCONGRESSONLINE

P R O G R AMM E

O C T O B E R 5 - 14 , 2020

O N L I N E

the substantive legal work or harmonization programme

the professional development component

the management of the association

networking opportunities

“IP rights in data”

“Inventorship of inventions made using artificial intelligence”

“Descriptive use as a defense in trade mark proceedings”

“Standing to litigate and effect on remedies”

Introduction

The annual AIPPI World Congress is the one moment in the year when members from all around

the world come together to discuss hot topics in IP. It comprises four main components:

The congress schedule follows the same general structure from year to year. A “programme-at-a-

glance” schedule is made available in advance of the congress and presents the details of the

programme. This programme-at-a-glance is colour coded to facilitate consultation.

Plenary SessionsPlenary Sessions where the resolutions are discussed and further amended if necessary. There is

one plenary for each question and the outcome of these sessions are Approval or Dismissal of a

Resolution for harmonization on each topic under study. Everyone is invited to attend the

plenary sessions and may comment while the official delegates of each group may vote on the

resolutions. The Executive Committee, during the 2nd ExCo session, will adopt the resolutions.

Study QuestionsThe Reporter General team is responsible for handling the Study Question process. In 2020, the

four questions under study are:

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Virtual RoundtablesAn exciting new feature of the 2020 Online Congress is the Virtual Roundtable format. Although

we cannot gather together in person this year, we can use these small-format sessions to see our

colleagues and discuss current topics in an informal format. Each Virtual Roundtable has a Host

and a pre-designated discussion topic. The participants are limited to 15 people (plus the Host)

per Roundtable, to ensure an interactive discussion can take place. The Host will introduce the

topic and moderate the discussion, but there will be no formal presentations. So please come

prepared to share your views on the topic with your colleagues!

Please note that Virtual Roundtable seats are limited to one per Congress Registrant. Even with

this limitation, there are more Registrants than seats at the Roundtables. We apologize in

advance if your preferred Roundtable is full.

Association MeetingsA few meetings serve to carry out the business of the association.

Sessions 1 and 2 of the Executive Committee meetings deal with Elections, Awards, Budget,

Reports from the different bodies of the association, Discussions with the Groups and, as per the

harmonization programme, Adoption of Resolutions. Every attendee is encouraged to attend as

an observer. Please note, however, that only delegates nominated by their groups may vote.

NetworkingApart from the normal informal networking opportunities, special-interest meetings, such as the

Women in AIPPI get-together and the Young AIPPI member Forum are also great occasions

to meet new acquaintances.

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13:30 - 14:00

14:00 - 16:00Online Plenary Session for Proposed Resolution (1) Descriptive Useas a Defence in Trade Mark Proceedings

Opening Ceremony

16:00 - 17:00Virtual Roundtable: Remote Working - Is It The New Normal?Hosted by: Renata Righetti, Bugnion

Virtual Roundtable: IP Blogs: The Most Efficient Tool for SharingIP Knowledge Worldwide

Hosted by: Önder Erol Ünsal, Ankara Patent Bureau

16:00 - 17:00

17:00 - 18:30

17:00 - 18:30

Panel Session: Artificial Intelligence & Pharma

Panel Session: 5G and IoT: The Next IP Battleground?

Monday 5October

11:30 - 13:00

Tuesday 6October

13:00 - 14:00

14:00 - 16:00

16:00 - 17:00

17:00 - 18:30

11:30 - 13:00

13:00 - 14:00

13:00 - 14:00

16:00 - 17:00

16:00 - 17:00

17:00 - 18:30

Virtual Roundtable: Regional Development and IP in AsiaHosted by: Shoichi Okuyama, Okuyama & Sasajima

Panel Session: Judging The Similarity of Two Marks Sharing aNon-Distinctive Part

Panel Session: AI Inventive Step & Sufficiency

Virtual Roundtable: Should a Letter of Consent be Accepted toOvercome a Conflicting TM Refusal?Hosted by: Lena Shen, Beijing Sanyou Intellectual PropertyAgency Ltd

Virtual Roundtable: Action Learning for Managing IP Teams in aVUCA World IHosted by: Nazli Korkut, Korkut

Online Plenary Session for Proposed Resolution (2) Standing toLitigate and Effect on Remedies

Virtual Roundtable: Should Patent Examination be Tougher, soThat The Granted Patent Resists Post-Granted Invalidation MoreReliably?

Hosted by: Matthew Zischka, Smarter & Bigger /

Fetherstonhaugh

Virtual Roundtable: Action Learning for Managing IP Teams in aVUCA World IIHosted by: Nazli Korkut, Korkut

Virtual Roundtable: Inhouse Counsel Perspective: Collaboratingand Maintaining Productivity During a Global Pandemic In-

House Attendees OnlyHosted by: Isabelle Chabot, EXFO

Panel Session: Designs for Medical Devices and Supplies – FromProcurement to Enforcement

Panel Session: Patentability of Diagnostic Inventions

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Wednesday7 October

11:30 - 13:00

13:00 - 14:00

14:00 - 16:00

16:00 - 17:00

17:00 - 18:30

11:30 - 13:00

13:00 - 14:00

13:00 - 14:00

16:00 - 17:00

Virtual Roundtable: New Challenges (and Opportunities) for IPPractitionersHosted by: Renata Righetti, Bugnion

Panel Session: Keeping Two Tracks on Track:  Litigating in aBifurcated System

Panel Session: Copyright and COVID-19

Virtual Roundtable: Learning and Development During ThePandemicHosted by: Annie Tsoi, Deacons

Virtual Roundtable: Patent Drawings – Challenges of DifferingRequirements and SystemsHosted by: Nestor Corominas, Curell Sunol SLP

Online Plenary Session for Proposed Resolution (3) Rights inData

Virtual Roundtable: Should The Term of Protection forUnexamined Design Registrations be Shorter?Hosted by: Christopher Carani, McAndrews, Held & Malloy Ltd

Virtual Roundtable: Practical Challenges in Patenting AI-Related InventionsHosted by: Scott Pojunas, Google

Panel Session: Update on Substantive and Procedural PatentHarmonization

17:00 - 18:30Panel Session: Standard-Essential Patents: Global FRAND – SoWho’s Willing?

Virtual Roundtable: Trade Secret: Hot TopicsHosted by: Sophie Lens, Altius

16:00 - 17:00

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Thursday 8October

11:30 - 13:00

13:00 - 14:00

14:00 - 16:00

16:00 - 17:00

17:00 - 18:30

13:00 - 14:00

13:00 - 14:00

16:00 - 17:00

16:00 - 17:00

17:00 - 18:30

Virtual Roundtable: Inhouse Counsel Perspective: Collaboratingand Maintaining Productivity During a Global Pandemic In-

House Attendees OnlyHosted by: Isabelle Chabot, EXFO

Panel Session: Injunctions in Patent Cases - Denied?

Virtual Roundtable: Response of Patent Offices to COVID-19Hosted by: Tamara Elmore, VO Patents & Trademarks

Virtual Roundtable: Pro-bono Work and Community ServiceDuring the PandemicHosted by: Annie Tsoi, Deacons

Online Plenary Session for Proposed Resolution (4) Inventorshipof Inventions Made Using AI

Virtual Roundtable: Response of Patent Offices to COVID-19Hosted by: Tamara Elmore, VO Patents & Trademarks

Virtual Roundtable: Jury Trials in Patent Cases: Good or Bad?

Hosted by: Barbara Fiacco, Foley Hoag LLP

Virtual Roundtable: Post-Grant Patent Procedures: Advantagesand ChallengesHosted by: Tammy Dunn, Osha Liang

Panel Session: Anti-Microbial Research: Incentives for DrugDevelopment

Panel Session: The Fight Against Online Counterfeiting: HowCan Rightholders, Platforms and Authorities Work Together?

7

Friday 9October

11:30 - 13:00

14:00 - 16:00

16:00 - 17:00

17:00 - 18:30

11:30 - 13:00

13:00 - 14:00

13:00 - 14:00

Virtual Roundtable: If Damages Compensate Fully for R&DInvestments in Pharmaceuticals, Why Should Injunctions Givean Innovator More Than Those Damages?Hosted by: Johanna Lija, Roschier Attorneys Ltd

Panel Session: Update on Protection of GIs, CollectiveTrademarks and Certification Trademarks

Panel Session: Law Firm Practice During a Pandemic

Virtual Roundtable: The "Divisional Game" Strategy withPharmaceutical Patents Before The EPOHosted by: Peter Pawloy, Sonn & Partner Patentanwälte

Special Session - Chinese Courts: A Close-Up Look at IPEnforcement

Virtual Roundtable: Technology Transactions, BusinessAgreements and Best Practices in Helping In-House CounselHosted by: Dalia Cohen, Inguran, LLC dba STgenetics

Panel Session: The Coronavirus Pandemic and Its Impact onPharma Patent Prosecution Issues, Including PatentProsecution Highways and Compulsory Licensing

10:00 - 11:00 Young AIPPI Forum 1

11:30 - 13:00 RGT, PC, SC Leadership 1

Virtual Roundtable: The Politics of IP LegislationHosted by: Vincent Garlock, AIPLA

16:00 - 17:00

16:00 - 17:00 Young AIPPI Forum 2

17:00 - 18:30 RGT, PC, SC Leadership 2

Virtual Roundtable: Engagement in AIPPI – The Young MemberPerspectiveHosted by: Deborah David, Advanz Fidelis IP Sdn. Bhd. andSamantha Yung, Deacons

13:00 - 14:00

Virtual Roundtable: Right to Freely Access CommercialDatabases for Research: Justified?

Hosted by: Vanessa Bailey, Intel Corp.

16:00 - 17:00

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16:00 - 17:00

11:30 - 13:00

13:00 - 14:00

Panel Session: Copyright Protection of Designs – AnInternational Perspective

Virtual Roundtable: Are National Utility Models Useful, or DoThey Unnecessarily Hinder Freedom to Operate Searches?Hosted by: Mark Van Gardingen, Brinkhof

Virtual Roundtable: Patent Drawings – Challenges of DifferingRequirements and SystemsHosted by: Nestor Corominas, Curell Sunol SLP

Independent Members Meeting 1

Panel Session: The Role of Fundamental Rights in TrademarkLaw

16:00 - 17:00

Virtual Roundtable: Which is, or Should Be, More CommerciallyUseful for Enforcement: Trade Marks or Design Rights?Hosted by: Luis Alfanso Duran, Duran-Corretjer, S.L.P

Tuesday 13October

09:00 - 10:00

10:00 - 11:00 Secretaries / Treasurers Meeting 1

Panel Session: Innovator v. Innovator Litigation: Injunctionsand Overbroad Claiming

11:30 - 13:00

13:00 - 14:00

Virtual Roundtable: Designs – Hague Agreement & TheRequirement for a Local Agent by Some OfficesHosted by: Aurélia Marie, Cabinet Beau de Loménie

13:00 - 14:00

14:00 - 16:00

Special Session: Towards The New Normal, and Beyond... How IPOffices and International IP Organizations Envisage Their FutureBusiness Environment

Virtual Roundtable: Post-Grant Patent Procedures: Advantagesand ChallengesHosted by: Tammy Dunn, Osha Liang

16:00 - 17:00

Virtual Roundtable: Copyright and PhotographyHosted by: Hugo Rivas Galvez, Mayora IP and Maria Teresa M.

Trinidad, Mutia & Trinidad Law Offices

16:00 - 17:00

16:00 - 17:00

Independent Members Meeting 2

Secretaries / Treasurers Meeting 2

17:00 - 18:30

17:00 - 18:30 Panel Session: Protecting Confidentiality during Litigation: TradeSecrets and More

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Wednesday14 October

Reports of AIPPI Standing Committees

13:00 - 14:00 Introduction of AIPPI 2021 Study Questions

14:00 - 15:00

15:00 - 16:00 ExCo II (2020 Resolutions)

16:00 - 16:30 Grand Finale

11

David Gilat, Gilat, Bareket & Co., Reinhold Cohn Group (IL)

Patrick Breslin, Breslin Consulting, LLC (US)

Héctor Chagoya, Becerril, Coca & Becerril, S.C. (MX)

Rana Gosain, Daniel Law (BR)

Michael Schlögl, Continental AG, (DE)

Kenneth Korea, Samsung (US)

Fabian Gonell, Qualcomm Inc, (US)

Panel Sessions

Panel Session: Artificial Intelligence & PharmaMonday 5 October - 17:00-18:30 Moderator: Takanori Abe, Abe & Partners (JP)

Speakers

 

Session description: 

Artificial intelligence plays an important and growing role in research and development in thepharmaceutical industry. Creating effective intellectual property to protect advances in artificialintelligence is of great concern to patent practitioners in the pharmaceutical industry. Thisseminar will address differences and similarities in various jurisdictions in protecting artificialintelligence. Panelists will also address some of the policy concerns in patenting artificialintelligence, and consider how some patent offices and government agencies are consideringartificial intelligence claims.

Panel Session:  5G and IoT: The Next IP Battleground? Monday 5 October 17:00-18:30 Moderator: Kai Brandt, Audi AG (DE)

Speakers:

 

 

Session description: Speakers will share their views on key questions for 5G and IoT. Such questions include:

- Are patent pools helpful for the IoT?

- Who should take the license?

- Should scope and value of a license depend on the level in a supply or distribution chain wherea license is taken?

- What should be elements of FRAND offers and counteroffers and what not?

12

Michelle Mancino Marsh, Arent Fox LLP (US)

Felipe Claro, Claro y Cia. (CL)

Ewelina Karolina Sliwinska, European Union Intellectual Property Office (EUIPO) (EU)

Panel Sessions

Panel Session: Judging the Similarity of Two Marks Sharing aNon-Distinctive PartTuesday 6 October - 11:30-13:00 Moderator: Qiang Ma, Jun he Law Firm (CN)

Speakers:

Session descriptionHow does one judge the similarity of two marks sharing a non-distinctive part? What is thesignificance of this issue?  As trademark lawyers we often receive refusals from the TrademarkOffices against clients’ trademark applications.  For many citation refusals, the refusal grounds arenot persuasive because the non-distinctive parts shared in the two marks are compared whilethe distinctive parts of the marks are neglected.  As known to all, a trademark can contain adescriptive word, e.g. “KIA MOTORS” (Class 12), “BMW LIFESTYLE” (Class 25).  If a later markcontains such generic or descriptive words as “motors” and “lifestyle”, they shall be considered asthe non-distinctive parts and accordingly disregarded when making the similarity finding.  Thisissue will also emerge in trademark opposition and invalidation cases, because in theory a non-

distinctive part in a trademark may acquire distinctiveness based on actual use.  The issue willtherefore include the possibility of acquired distinctiveness which needs support from sufficientactual use proof.

The panel will discuss the issue from a global perspective, explore the practices of differentjurisdictions based on specific cases, and propose some factors for consideration in judging thesimilarity of two marks sharing a non-distinctive part.

13

MaryAnne Armstrong, BSKP, LLP (US)

Divyendu Verma, Krishna & Saurastri Associates LLP (IN)

Bhupinder Randhawa, Bereskin & Parr LLP (CA)

Katherine Rock, Pizzeys Patent and Trade Mark Attorneys (AU)

Stefan Schohe, Boehmert & Boehmert (DE)

Crystal Chen, Tsai, Lee & Chen Patent Attorneys & Attorneys at Law (TW)

Philipe Kutschke, Bardehle Pagenberg (DE)

Sa'ar Alon, Reinhardt Cohen & Partners (IL)

Alexis Simpson, Gilead (US)

Panel Sessions

Panel Session: AI Inventive Step & SufficiencyTuesday 6 October - 11:30-13:00

Moderator: Peter Finnie, Potter Clarkson LLP (UK)

Speakers:

Session descriptionThis panel session addresses inventive step and obviousness issues of AI inventions around theworld.  AI capabilities rely primarily on software, processes and algorithms using machinelearning or data. The session will also look into the requirements and challenges existing in thearea of disclosure and sufficiency.

Panel Session: Designs for Medical Devices and Supplies – FromProcurement to EnforcementTuesday 6 October 17:00-18:30 

Moderator: Christopher Carani, McAndrews, Held & Malloy Ltd (US)

Speakers:

 

Session description 

In the wake of the world-wide battle royale between consumer tech titans Apple and Samsung,

design rights have continued to capture the attention of designers and companies aroundworld.  One area that has seen a particular uptick in attention to design rights is the field ofmedical devices and supplies.  This panel discussion centers on the protection and enforcementof medical devices and supplies through the use of design rights.  From the perspective of severaljurisdictions around the world, attendees will learn about: (1) strategies for protecting designs formedical devices and supplies, which includes not only traditional industrial design, but also UX,

graphic user interfaces and icons, and (2) outcomes of, and insights from, design rightenforcement efforts for medical devices and supplies.

14

Debora Plehn-Dujowich, Eckert Seamans Cherin & Mellott, LLC (US)

Amy Feng, Wu, Feng & Zhang (CN)

Cristina Biggi, Bugnion S.p.A (IT)

Ana Claudia Mamede Carneiro, Dannemann, Siemsen, Bigler & Ipanema Moreira (BR)

Gabriele Mohsler, Ericsson (DE)

Denise C. Lane, Boston Scientific, (US)

Stephen Yang, IP March (CN)

Jussi Karttunen, The Market Court (FI)

Panel Sessions

Panel Session: Patentability of Diagnostic InventionsTuesday 6 October - 17:00-18:30

Moderator: Charles Boulakia, Ridout & Maybee LLP (CA)

Speakers:

Session descriptionThe patentability of Diagnostic Methods has come into attack over the last decade in certainjurisdictions. In the U.S., the patentability has been considered in several cases, including AthenaDiagnostics v. Mayo Collaborative Services, Mayo Collaborative Services v. PrometheusLaboratories, and Association for Molecular Pathology v. Myriad Genetics. Other countries havefollowed suit to varying degrees, either based on the US jurisprudence or based on jurisprudenceof their own, for example, G1/04 decision from the European Enlarged Board of Appeals. This hasresulted in some divergence of how diagnostic method claims are treated in differentjurisdictions, particularly, but not exclusively, due to their subject matter basis. Panelists from theUS, Europe, China and Brazil consider how diagnostic methods are treated in their jurisdictionsand elsewhere.

Panel Session: Keeping Two Tracks on Track:  Litigating in aBifurcated SystemWednesday 7 October 11:30-13:00 

Moderator: Christof Augenstein, Kather Augenstein Rechtsanwälte (DE)

Speakers:

Session description 

The bifurcated patent litigation system in Germany provides a very quick judgment oninfringement and, due to a different time track, a separate and (in practice) later judgment onvalidity.  This is not, however, the only possible approach in a bifurcated system and this panelaims to examine alternative approaches, e.g. staying infringement while validity is beingdetermined.  Other methods of synchronising validity with infringement are also discussed, andthe panel may also venture an opinion on whether UPC cases will be bifurcated, and if so in whatmanner.

15

Alessandro Cogo, CVPM Legal - Avvocati Associati Cogo Vittone Papaleo Manzo (IT)

Brian Gray, Brian W Gray Law (CA)

Nathan Yang, NTD Intellectual Property Attorneys (CN)

Anthony Venturino, Vory, Sater, Seymour & Pease LLP (US)

Anthony J. Rollins, Smith, Gambrell & Russell, LLP (US)

Jérôme Collin, Cabinet Regimbeau (FR)

Thomas Valente, Intellectual Property Owners Association (IPO) (US)

Panel Sessions

Panel Session: Copyright and COVID-19Wednesday 7 October - 11:30-13:00

Moderator: Sanna Wolk, Cirio Law Firm (SE)

Speakers:

Session descriptionOnline activities have exploded with the outbreak and spread of the coronavirus and many of usare spending more time online. We can see a boom in home entertainment. At the same timethere is an increase in infringing material being both uploaded and downloaded, such as movies,music, TV series, live performances of dramatic works and literary works.

In addition, the spread of Covid-19 has prompted most performances, public gatherings andexhibitions to be cancelled and the transformation of live concerts to online events raisescopyright challenges. Further, education, libraries, archives, museums, galleries, etc., have movedto online communication. This heightens the risk of copyright infringement as works are beingreproduced and communicated more broadly.  This fast transformation of physical to digitalchallenges the copyright system. During this panel session subject matter experts will discussand analyse how the copyright system handles the need for protection in this new era.

Panel Session: Update on Substantive and Procedural PatentHarmonizationWednesday 7 October 17:00-18:30 

Moderator: Alan Kasper, Sughrue Mion (US)

Speakers:

 

Session description 

Members of IT3 Industry and other participants in ongoing patent harmonisation negotiationswill discuss current ideas, initiatives, and road blocks along the path to substantive patentharmonisation.

16

Claudia Tapia Garcia, Ericsson GmbH (DE)

Monica Barone, Qualcomm, Inc. (US)

Richard Vary, Bird & Bird (UK)

Clemens-August Heusch, Nokia (DE)

Peter Berg, Infineon Technologies (DE)

Kent Baker, u-Blox (US)

Marianne Schaffner, Reed Smith (FR)

Mamta Rani Jha, Inttl Advocare (IN)

Claudia Frost, Orrick (US)

Zoë Butler, Powell Gilbert LLP (UK)

Panel Sessions

Panel Session: Standard-Essential Patents: Global FRAND – SoWho’s Willing?Wednesday 7 October - 17:00-18:30

Moderator: Martin Bader, Sheppard Mullin Richter & Hampton, LLP (US)

Speakers:

Session descriptionThis panel will examine the implications and ramifications of recent important rulings onFRAND/SEP issues, including Unwired Planet v Huawei (UK Supreme Court) and Sisvel v Haier(Germany). Are there significant differences in how national courts approach FRAND issues; doesthe framework set out by the CJEU in Huawei v ZTE still drive the analytical approach adopted bythe Courts; and how will litigation strategies need to be adapted in response to these rulings? 

The panel will include speakers from industry, as well as litigators involved in FRAND cases inEurope and the US.

Panel Session: Injunctions in Patent Cases - Denied?Thursday 8 October - 11:30-13:00

Moderator: Koen Bijvank, Brinkhof (NL)

Speakers:

Session descriptionThis panel session will discuss recent developments in several jurisdictions concerningcircumstances under which a preliminary injunction may be denied, regardless a patent isconsidered valid and/or infringed.

17

Jürgen Meier, Vossius & Partner Patenantwälte Rechtsanwälte mbB (DE)

Takeshi Komatani, Shusaku-Yamamoto (JP)

Michele Wales, InHouse Patent Counsel (US)

Ann de Clercq, De Clercq & Partners (BE

Harrie Temmink, European CommissionSabrina Perelman, FacebookStella Padovani, MonclerDaniel Douherty, Alibaba (US)

Mayeul Dastugue, Christian Louboutin (FR)

Panel Sessions

Panel Session: Anti-Microbial Research: Incentives for DrugDevelopmentThursday 8 October 17:00-18:30 

Moderator: John C. Todaro, Merck & Co. Inc. (USA)

Speakers:

 

Session description 

After a surge of innovation leading up to the 1980s, in which several antimicrobial agents andclasses were developed, recent innovation has been less intensive.  Meanwhile resistance to anti-microbials, through their widespread prescription to the general population, continues toincrease.  Could the development of new anti-microbials be fostered, and innovationincentivised, through the IP regime?

Panel Session: The Fight Against Online Counterfeiting: HowCan Rightholders, Platforms and Authorities Work Together?Thursday 8 October - 17:00-18:30

Moderator: Remy Chavannes, Brinkhof (NL)

Speakers:

Session descriptionGiven their commercial interests and intimate knowledge of their own products and intellectualproperty, rightholders logically play a leading role in the fight against online trade in counterfeitgoods. However, rightholders may also request help from criminal and administrative authorities,and from various third-party providers whose services are used in the course of counterfeiting,

from hosting providers and advertising platforms to warehousing & fulfilment providers andpayment providers. Where rightholders clash with such providers, the legal dispute often relatesto intermediary liability, or even to direct infringement, but underlying that is often the morebasic question over how the costs, risks and sheer hard work of online enforcement should bedivided between them. This panel will discuss how rightholders, platforms and authorities canwork together to combat online counterfeiting, and will feature speakers from each.

18

Laura Collada, Dumont (MX)

HU Gang, CCPIT Patent and Trademark Law Office (CN)

Hugh O'Neill, European Union Intellectual Property Office (EUIPO)

Jeffrey Bergman, Osha Liang (US)

Annie Tsoi, Deacons (HK)

Nazli Korkut Özsoy, Korkut (TR)

Panel Sessions

Panel Session: Update on Protection of GIs, CollectiveTrademarks and Certification TrademarksFriday 9 October - 11:30-13:00 

Moderator: Giulio Enrico Sironi, Simmons & Simmons (IT)

Speakers:

Session description 

In recent years, at national, regional and international level many important developments havetaken place in the fields of GIs, collective trademarks and certification trademarks. This includesnew legislations and practices, international agreements and provisions in the context of broaderfree trade agreements. This panel session will provide a general overview and a critical discussionof these developments (e.g. in China, the Mercosur Countries and the EU). Among others, thepanelists will compare the different approaches to the protection of names of local typicalproducts. They will also discuss the desirability of harmonization in a globalized world, in linewith the fundamental principles of free trade, while at the same time a balance with localpeculiarities should be ensured. Join us to hear more about useful updates on the most recentdevelopments, as well as to learn about current trends!

Panel Session: Law Firm Practice during a PandemicFriday 9 October - 11:30-13:00

Moderator: Marek Lazewski, LDS Lazewski Depo & Partners (PL)

Speakers:

Session descriptionThe panel will analyse impact of and reaction to the COVID crisis by in-house IP units and IPpractices within law firms worldwide. The bases for discussion is a survey conducted by AIPPIBureau among statutory committee Members. The issues that were covered by the surveyincluded: effect of crisis on demand for various types of services, innitial reaction to lockdown byfirms and companies as well as and ongoing adaptation, approach to costs by firms and theirclients, state support around the world available in view of the cirisis and its utility and the IPoffices’ reaction to the challenge. The results provide valuable bases for reflection on strategy 

and benchmarking.

19

Ralph Nack, Noerr LLP (DE)

TONG Shu, The Supreme People's Court of China (CN)

DANG Xiaolin, Beijing Sanyou Intellectual Property Agent Limited (CN)  

Leonor Magalhães Galvão, Magellan IP (BR)

Martin Bensadon, Marval, O Farrell & Mairal (AR)

Anja Lunze, Taylor Wessing (DE)

Archana Shanker, Anand & Anand Advocates (IN)

Panel Sessions

Special Session - Chinese Courts: A Close-Up Look at IPEnforcementFriday 9 October - 14:00-16:00 

Moderator: MA Hao, CCPIT Patent & Trademark Law Office (CN)

Speakers:

Session description 

This session will explain key features of the Chinese IP court system and provide a comprehensiveupdate on important developments in practice and law. The panelists include a ChineseSupreme Court judge, a Chinese litigator and a German litigator who will share their knowledgeand experience enforcing IP rights in China. This session will provide insight into why many nowconsider China to be one of the leading IP enforcement jurisdictions and will provide practicaladvice on how to use the system effectively.

Panel Session: The Coronavirus Pandemic and Its Impact onPharma Patent Prosecution Issues, including PatentProsecution Highways and Compulsory LicensingFriday 9 October - 17:00-18:30

Moderator: Peter Ludwig, Fish & Richardson P.C. (US)

Speakers:

Session descriptionThe race to develop an effective and safe vaccine against the coronavirus is of critical importanceand there are now said to be over a hundred different development streams globally.  But howwill IP protection work in this context, when the need to make the vaccine available is sourgent?  Can the distribution of a vaccine really await licensing, agreement on pricing, etc.?  Willbe the granting of IP rights to protect the innovation happen much later, perhaps when thepandemic has been defeated – and will IP rights still be relevant at that stage?

20

Miki Goto, Anderson Mori & Tomotsune (JP)

Dr. Stefan Richter, Hoyng Reimann Osterrieth Köhler Haft Monögier du SorbierPartnerschaftsges. von Rechtsanwälten mbB (DE)

MOU Ke, Liu, Shen & Associates (CN)

Åsa Krook, Borenius Attorneys Ltd (FI)Dr. Patrice Jean, Hughes Hubbard & Reed LLP (US)

Ted Shapiro, Wiggin LLP (BE)

Bradley Silver, Netflix (US)

Sanjay Tandon, Indian singers Rights Association (IN)

Michele Woods, World Intellectual Property Organization (WIPO) (US)

Panel Sessions

Panel Session: Enforcement of Trade Secrets: The PracticalRealitiesMonday 12 October - 11:30-13:00 

Moderator: Anne Marie Sejersted, Kvale Advokatfirma DA (NO)

Speakers:

 

Session description 

The panel will discuss the practical realities when preparing for legal action to stop misuse oftrade secrets. For example, the panel will discuss challenges involved in obtaining and securingevidence of the misuse, and in demonstrating that the misused information qualifies as a tradesecret. Other topics will include how a company protects trade secrets evidence fromunnecessary exposure during litigation, possibilities to reverse burden of proof if information isheld back, and requesting (or defending!) sanctions and injunctions.

Panel Session: Beijing Treaty on Audiovisual PerformancesMonday 12 October - 11:30-13:00

Moderator: Allen Wang, Beijing TA Law Firm (CN)

Speakers:

Session descriptionThe Beijing Treaty on Audiovisual Performances officially entered into force on April 28, 2020. Theinternational treaty is designed to help audiovisual performers of all types including televisionand film actors, musicians, dancers, and others. The Treaty expands audiovisual workers'performance-related rights, which will practically change the rule/business model of licensingand distribution of audiovisual works, especially those that involve international distribution. 

Subject matter experts will discuss the implication of this significant new treaty and provideguidance for practitioners.

21

Dennis Prahl, Ladas & Parry LLP (US)

Catherine Mateu, Armengaud Guerlain (FR)

Mark Metzeling, Macpherson Kelley (AU)

Dyan Finguerra-DuCharme, Pryor Cashman (US)

Hanne Kirk, Gorrissen Federspiel (DK)

Alexander Woolgar, Kemp Little (UK)

Dr WANG Xinghao, Alibaba (CN)

Panel Sessions

Panel Session: #Trademarks #The New Reality: Trademarks onSocial MediaMonday 12 October - 17:00-18:30 

Moderator: Graciela Claudia Pérez de Inzaurraga, Hausheer Belgrano & Fernández (AR)

Speakers:

 

Session description 

Born as digital channels for individuals to interact and share content, social media sites haverapidly evolved into essential marketing tools. From small entrepreneurs to multinationalcompanies, everyone nowadays seems to resort to social media to expand their visibility andreach consumers anywhere, anytime, at the click of a key. In this context, the use of trademarksand the monitoring of misuse and infringement thereof, raises new challenges. Differentiatingbetween infringement and allowed informative use and freedom of expression can be difficult.Items that will be discussed include how to deal with use by fans, the desirability of protectinghashtags and the use of social media policies on trademarks. Join this panel to learn about allthis and more!

Panel Session: Copyright Protection of Designs – AnInternational PerspectiveTuesday 13 October - 11:30-13:00

Moderator: Eleonora Rosati, Bird & Bird (UK)

Speakers:

Session descriptionThe relationship between designs and copyright has been historically a complex, if notchallenging, one. Several countries around the world have traditionally envisaged stricterrequirements for copyright protection of these objects. In addition, although IP overlaps are notprohibited per se, concerns relating to the protection of free competition and freedom ofexpression (including in commercial settings) have warned against too 'relaxed' interpretations ofthe law. Recent judicial decisions have confirmed - and seemingly facilitated - copyrightprotection of designs and functional objects, in some cases raising questions which have beenproving difficult to answer in practice. This panel discussion reviews the body of recent (and veryrecent) case law in different jurisdictions and considers both the related substantive andenforcement aspects.

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Christophe Ronse, Altius (BE)

Shohta Ueno, Regeneron Pharmaceuticals Inc (UK)

Galit Gonen-Cohen, Novartis Pharma (IL)

Panel Sessions

Panel Session: Innovator v. Innovator Litigation: Injunctions andOverbroad ClaimingTuesday 13 October - 11:30-13:00 

Moderator: Daniel Lim, Kirkland & Ellis International LLP (UK)

Speakers:

Session description 

This panel will discuss the growing trend of an increasing number of disputes betweenpharmaceutical and biotechnology companies traditionally characterised as “innovators”, someof the particular features of such innovator v innovator disputes (particularly as compared totraditional innovator v generic or biosimilar disputes) and a number of the key legal issues thatthese disputes engage with as a result. Two particular such issues that frequently arise in thiscontext and will be the focus of discussions on the panel are the proportionality/appropriatenessof injunctive relief in an innovator v innovator context (particularly where the patentee may nothave an approved product of its own that works the invention in question), and the issue ofwhether and when the claims of a patent are too broad and the implications of this (both for thevalidity of such claims, in different legal systems, and for innovative industry more generally).

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Daren Tang, Director General elect, WIPOAndrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of theUSPTO

António Campinos, President, EPO

SHEN Changyu, Commissioner, CNIPA (tbc)

KASUTANI Toshihide, Commissioner, JPO

Christian Archambeau, Executive Director, EUIPO

Panel Sessions

Special Session - Towards the New Normal, and Beyond... How IPOffices and International IP Organizations Envisage Their FutureBusiness EnvironmentTuesday 13 October - 14:00-15:00

Moderator: Arno Hold, AIPPI (CH)

Speakers:

Session descriptionJoin us for a conversation with the heads of key IP offices and international organisations. Thesedistinguished speakers will provide insights into COVID-19 crisis management at their IP officesand the impact of the coronavirus on their business environment and the larger international IPsystem. In addition, they will also examine the role of IP protection in the current fight againstthe pandemic. Moreover, they will identify general trends in IP law and policy as well as assessthe implications of new technologies such as Artificial Intelligence and blockchain. Finally, theywill extract the lessons learned for international cooperation in the field of IP. This session willalso introduce the new WIPO Director General, Daren Tang, who will give us a glimpse into hisvision for a balanced, inclusive and vibrant global IP ecosystem in the future. Participants willhave the opportunity to ask questions during this special session.

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Maria Scungio, Robinson & Cole, LLP (US)

Yann Basire, CEIPI (FR)

Stefan Martin, European Union Intellectual Property Office (EUIPO)

Sergio M. Ellmann, Marval O’Farrell & Mairal (AR)

Naomi Abe Voegtli, Honeywell │Aerospace (US)

Stephen MacKenzie, Koch Companies Public Sector, LLC (US)

Pirke Fustinoni, Outotec (FI)Emily O'Neill, Deminor Recovery Service (UK)

Panel Sessions

Panel Session: The Role of Fundamental Rights in TrademarkLawTuesday 13 October - 17:00-18:30 

Moderator: Eléonore Gaspar, Duclos, Thorne, Mollet-Viéville & Associés (FR)

Speakers:

 

Session description 

Fundamental rights, such as the freedom of speech or expression and the right to property, cancome into conflict with the rights associated with the registration and use of trade marks. Inrecent years, freedom of speech or expression for example played a role in cases discussingwhether trade marks were contrary to public order or morality; and it was also raised as adefence against allegations of trade mark infringement in case of parodies or art. This panelsession will explore what fundamental rights are typically invoked in trade mark matters andhow a proper balance with the rights of trade mark owners can be ensured.

Panel Session: Protecting Confidentiality during Litigation:Trade Secrets and MoreTuesday 13 October - 17:00-18:30

Moderator: Jeffrey Lewis, Foley Hoag LLP (US)

Speakers:

Session descriptionThis panel will address the protection of confidential information in IP litigation.  For example, if adefendant is accused of infringing a patent and provides discovery on how their system works,should that information be classed as merely confidential information, or a trade secret?  Does orshould the degree of protection afforded to that information depend on whether it is a tradesecret?  Should a patentee be able to use a patent litigation to find out the defendant’s tradesecrets, and if not, why is the patentee not allowed to know the details of the defendant’s caseon non-infringement?

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