2016 Europe Conference: Navigating the Digital Yellow Brick Road

Registration and Information Desk Open

Welcome and Coffee

Welcome and Introductions by INTA President

Ronald van Tuijl, JT International S.A. (Switzerland)

Preliminary Remarks by the Conference Co-Chairs

Toe Su Aung, Elipe Limited (United Kingdom)
Mei-lan Stark, NBCUniversal Media, LLC (United States)

Keynote Speaker

Jeremy White, Product Editor of Wired (United Kingdom)

Jeremy is Product Editor of Wired, the influential technology and trends magazine that covers innovation and the businesses that are building the future. He is in charge of analysing and identifying emerging trends and technological shifts that will impact consumers and businesses alike. From the Internet of Things to AI, smart homes to smart cities, flying cars to passenger drones, Jeremy has first-hand experience of emerging trends as well as personal contact with the global business leaders driving them. As Wired’s product editor, Jeremy is tasked with seeking out and evaluating products at the very cutting edge of innovation and design. Jeremy also edits all the special supplements for Wired, including the luxury annual, Wired Desired. His expansive knowledge of the product world and forecasting design and tech trends has seen him be commissioned for consultancy services to some of the world’s largest consumer brands on industrial design and user experience.

The EU’s Digital Single Market: Devising New Rules for Better Access to Online Goods and Services

This panel will delve into the proposed Geo-Blocking Regulation in particular the distinction between justified and unjustified uses of such technologies. What other routes exist for the Commission? What will be the impact on businesses and consumers?

Moderator:
Ted Shapiro, Wiggin (Belgium)

Speakers:
Razvan Antemir, The European eCommerce and Omni-Channel Trade Association (EMOTA) (Belgium)
Therese Comodini Cachia, European Parliament (Belgium)
Virginie Roziere, European Parliament (Belgium)
Werner Stengg, Head of Unit E-Commerce and Online Platforms, DG CONNECT; European Commission (Belgium)

Coffee Break

Bold New World: Navigating the Ever-Changing Internet

The announcement of the U.S. Commerce Department’s National Telecommunications and Information Administration’s (NTIA’s) intention to transfer stewardship of the Internet Assigned Numbers Authority (IANA) to the global stakeholder community (ICANN) marks an important milestone in the U.S. government’s efforts to complete the transition of the Internet’s domain name system and ensure that the Internet remains a global platform for innovation, economic growth, and free speech. This session will address the following topics and questions:

• IANA Stewardship Transition—Who rules the Internet and why transfer the stewardship?
• What the stewardship transfer would mean for Europe, and U.S. companies in Europe—Are there any differences, legally and business related, between U.S.-based and European-based companies on how to use the Internet?
• A platform for innovation—How can businesses expand and protect their commercial interests on the ever-changing Internet?

Moderator:
Petter Rindforth, Fenix Legal KB (Sweden)

Speakers:
Lise Fuhr, European Telecommunications Network Operators’ Association (Belgium)
Mahmoud Lattouf, Abu-Ghazaleh Intellectual Property (AGIP) (Jordan)
Jovan Kurbalija, DiploFoundation (Switzerland)
Cristina Monti, DG CONNECT; European Commission (Belgium)
Jean-Jacques Sahel, Internet Corporation from Assigned Names and Numbers (ICANN) (Belgium)

Networking Lunch

Data Protection, Data Privacy, and Duty of Care

Data protection, data privacy, and the duty of care are increasingly important factors in the digital world. Businesses want to utilize data in the conduct and promotion of their activities, but consumers are increasingly anxious about the extent of the information collected about them. This session will cover the following issues:

• How data may be collected and used and the rules that cover its collection, use, and destruction.
• Privacy and the duty of care owed by data collectors and processors.
• How businesses can try to make consumers more comfortable with disclosing data.
• How businesses deal with data breaches, identity theft, and loss of consumer trust while minimizing brand impact.
• The extent to which data protection rights may be overridden; e.g., by state organizations for security reasons.

Moderator:
Patricia McGovern, DFMG Solicitors (Ireland)

Speakers:
Miriam Claire Beezy, Baker & Hostetler LLP (United States)
Alison Berryman, Waterfront Solicitors LLP (United Kingdom)
Ron Dreben, Morgan, Lewis & Bockius LLP (United States)
Heather Steinmeyer, Anthem, Inc. (United States)

Hashtags, Endorsements, and Disclosures: Navigating Your Brand around Digital Advertising Landmines

Digital advertising has changed the face of how brands connect with customers. Social media, native advertising, the rise of hashtags, and the shift to mobile devices have given rise to a host of new legislation and corresponding lawsuits. This presentation is designed to give an overview of the hottest topics affecting brands today and provide practical advice for mitigating risk as marketers navigate the landmines of the new landscape. The following issues will be highlighted:

• Native advertising—a look at both EU and FTC guidelines (issued December 22, 2015) and how they are affecting digital advertising.
• Programmatic advertising—tips and tricks on how to structure contracts to avoid adjacency issues, native ad violations, and third-party liability.
• Hashtags as false advertising—an international look at new legislation and lawsuits around the use of hashtags as a form of advertising.
• Advertising and screen size—how mobile devices are changing the digital game.
• Influencers and ambassadors—how disclosures are handled in the digital environment.

Moderator:
Tsan Abrahamson, Cobalt LLP (United States)

Speaker:
Jamie Barnard, Unilever (United Kingdom)
Mark Owen, Taylor Wessing (United Kingdom)

Co-Chair Wrap Up

Anniversary and Networking Reception

Take advantage of the opportunity to network with other registrants while celebrating the tenth anniversary of INTA’s Brussels Office. Meet with the Brussels staff, local stakeholders, and members.

Registration and Information Desk Open

Welcome and Coffee

Welcome Back by Program Co-Chairs

Toe Su Aung, Elipe Limited (United Kingdom)
Mei-lan Stark, NBCUniversal Media, LLC (United States)

Keynote Speaker

David Fares, Senior Vice President of Government Affairs of Twenty-First Century Fox, Inc. (United Kingdom)

Copyright and the Digital Agenda: Movies, Music, and More

The European Commission’s Digital Agenda calls for a new approach to understanding the dissemination of digital content and information in the EU. Business owners, IP owners, and governments need to be ahead of the curve and not just forced into a reactionary position. Speakers will begin by discussing the challenges that a digital single market would pose to copyright owners in general. This will be followed by a question-and-answer period in which the moderator will pose questions to experts about how the Digital Agenda could affect specific industries.

Moderator:
Mei-lan Stark, NBCUniversal Media, LLC (United States)

Speakers:
Simon Baggs, Wiggin (United Kingdom)
David Fares, Twenty-First Century Fox, Inc. (United Kingdom)
Christopher James Oldknow, Elipe Limited (United Kingdom)
Lutz Reulecke, Sky Deutschland (Germany)

Coffee Break

Effective Enforcement in the Digital World and the Digital Single Market

As data flows across borders and more and more products become “smart,”, effective enforcement to prevent data infringements in Europe becomes ever more pressing. The Customs Regulation provides protection from physical goods crossing the border of the entire EU single market, but so far, only discovery-blocking statutes and other restrictions directed towards intermediaries, generally based on copyright claims, regarding data from outside the EU have been made by individual Member States . In this session, professors, judges, and practitioners will debate whether the proposed goals of the EU Digital Agenda can be achieved as currently contemplated. Following are some of the questions that will be addressed on this topic:

• Should the harmonized EU trademarks, patents, and designs have enforcement that applies across the EU following any court ruling? Should the kind of “in rem” proceedings of the United States be adopted rather than addressing applications and orders to particular intermediaries?
• Can copyright enforcement be improved in this current reform cycle regarding the digital single market? Is it possible to improve harmonization of IP enforcement across Europe?
• How can the courts manage the new world of enforcement and what does that mean for practitioners and their certifications? Can the EU Commission stop forum shopping not only within a country but across all 28 Member States?

The following will also be part of this session:

• An overview of intermediary injunctions against Internet service providers, Enforcement Directive Article 11, and notice and action.
• The debate between civil society/ intermediaries and rights owners about why it’s important to have more effective remedies.
• A vote on the debate.

Moderator:
Toe Su Aung, Elipe Limited (United Kingdom)

Speakers:
Jean Bergevin, Head of Unit – Intellectual Property and Fight Against Counterfeiting, Directorate General for Internal Market, Industry, Entrepreneurship and SMEs; European Commission (Belgium)
Joachim Bornkamm, Former Presiding Judge, Federal Court of Justice (Germany)
Siada El Ramly, EDiMA (Belgium)
Richard Graham, Richemont International Limited (United Kingdom)
Nick Stringer, The Trustworthy Accountability Group (TAG) (United Kingdom)

The Changing Role of Brands

This panel will investigate how the role of brands is changing in response to our changing world.  From technological advances to the increasingly savvy consumer, brands have become an omnipresent but central part of our lives. What has changed in our economy and culture that has affected the role that brands play?

• Is it generational changes (millennial vs. gen x) that are driving these changes, or something else?
• What are the pitfalls facing brands in this environment–how do they navigate it?
• In success, what does the future look like for brands and their role in consumers’ lives?

Moderator:
Bryce Coughlin, Fox Entertainment Group (United States)

Speaker:
Mat Heinl, Moving Brands (United Kingdom)

Networking Lunch

The Internet of Things

Is your refrigerator telling your car to program the GPS to stop by the grocery store on your way home because you’re out of milk? Not such a far-fetched idea anymore. The Internet of Things (IoT) is gaining momentum with billions of connections between devices all around us—from home automation to cars and medical equipment. With the expansion of IoT, brand owners can market smarter, get a detailed understanding of consumers’ behavior, and reach more consumers worldwide, tailoring their message to deliver a positive brand experience.

• How does IoT affect brands? What are the positive effects and what are the challenges?
• How should brand owners handle data collection and privacy?
• How can brand owners expand beyond their business and what should be considered when implementing a program?

Moderator:
Julia Talke, Lumileds Germany GmbH (Germany)

Speaker:
Leo Baumann, Nokia Corporation (Belgium)

Networking Break

Geographical Indications (GIs) on the Internet: Challenges Related to gTLDs and E-Commerce

The Internet represents a tremendous opportunity for the promotion and commercialization of GI products. But there are growing risks in terms of counterfeiting, infringements, and other forms of misappropriation. This panel will look at some challenges, in particular, the ones arising from gTLDs and e-commerce, including:

• The practical challenges in protecting GIs in gTLDs, at first and second levels of the domain.
• Specific issues related to the wine sector (“.wine” and “.vin” strings).
• An example of a proposed ccTLD.
• E-commerce and GI infringements and innovative solutions by the Italian Ministry of Agriculture through agreements with major e-commerce platforms such as E-Bay, Alibaba, and Amazon.

Moderator: 
Massimo Vittori, oriGIn (Switzerland)

Speakers:
Charles Goemaere, Comité Champagne (France)
David Taylor, Hogan Lovells International LLP (France)
Stefano Vaccari, The Department of Central Inspectorate for Fraud Repression and Quality Safeguarding of Agri-food Products (ICQRF) (Italy)
Mathieu Weill, Association Française pour le Nommage Internet en Coopération (AFNIC) (France)

Closing Remarks

This conference qualifies for Continuing Legal Education (CLE) credits and Continuing Professional Development (CPD) points. For more information, please email [email protected].

Tuition Assistance

Tuition assistance may be available to eligible professionals on the basis of financial hardship. For more information and to apply, please request an application by sending an email to [email protected]. Proper documentation will be required.

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

Co-Chairs

Toe Su Aung, Elipe Limited (United Kingdom)
Mei-lan Stark, NBCUniversal Media, LLC (United States)

Project Team Members

Tsan Abrahamson, Cobalt LLP (United States)
Bryce Coughlin, Fox Entertainment Group (United States)
Patricia McGovern, DFMG Solicitors (Ireland)
Petter Rindforth, Fenix Legal KB (Sweden)
Julia Talke, Lumileds Germany GmbH (Germany)
David Taylor, Hogan Lovells (Paris) LLP (France)
Massimo Vittori, oriGIn (Switzerland)

INTA Staff Liaisons

Dionne Downs, International Trademark Association (United States)
Sarah O’Connell, International Trademark Association (United States)
Christina Sleszynska, International Trademark Association (Belgium)