Monday, November 15

A brand represents more than a product or service; it represents a “promise” of how they are made, and/or delivered and who the people are that create and deliver them. More and more, consumer choice is based not only on the quality of the offering but also on what a consumer believes is important—whether that’s social or political values, how a brand owner conducts its business in the marketplace, or how it treats its employees. Consumers want to know how it is made, and what the brand owner did in and for our communities; and how it impacts the environment. Trustworthiness, transparency, sustainability, diversity, equity, and inclusion are among the core values that today’s consumers expect from the brands that they support.

As part of their brand strategy and counseling, brand legal practitioners need to address these brand issues in changing times―from how what a brand says and does affects consumer trust, to diversity, equity, and inclusion, and the importance and benefit of doing good in society. These issues are not only important because of consumer demand; research shows that diverse and inclusive teams create more innovative products and services, contributes to long-term employee retention, and higher financial performance. Diversity and inclusion should be reflected in all aspects of an organization, including its legal team.

Tuesday, November 16

Brands don’t exist in a vacuum. There is an ecosystem that creates, markets, and sells products and services. The marketplace includes all types of businesses, from entrepreneurial to established, so it’s incumbent on brand legal practitioners to understand the needs and challenges faced by all businesses, large or small, new or established.

Brand legal practitioners must address, or at least spot, a variety of issues, from protection and enforcement of IP rights to commercialization of brands (e.g., licensing, brand valuation and evaluation, M & A, bankruptcies, trademarks as a source of capital, and IP and taxation), effective brand use across traditional and non-traditional media, rights of publicity, copyrights, design rights, and regulatory issues (e.g., brand restrictions, data privacy and protection, industry specific regulations, and advertising claims), among others. Importantly, all legal practitioners must remain relevant and be resilient in changing times.

Legal knowledge isn’t the only skill you need to be successful as a brand legal practitioner. Learning your client’s business so you can be a trusted advisor is paramount. In addition, being an effective manager, developing and marketing your practice, and enhancing your communication abilities are all necessary skill sets to support legal and business teams and advance your career.

Wednesday, November 17

Supported by our Enforcement & Anticounterfeiting Strategic Sponsor, WANHUIDA Intellectual Property

Enforcement of brand rights is critical for all brands, including combatting the ever-growing challenges posed by counterfeiting. In addition, as more and more consumers buy online, brand owners face new and different challenges to stem the tide of infringement and counterfeiting. Harmonization, simplification, accessibility of enforcement systems, the role of the Judiciary, and the challenges in cross-border enforcement are some of the many issues that brand legal practitioners need to master to ensure brand protection and integrity.

Thursday, November 18

The last two years have seen tremendous changes across the world as we had to adapt to a global pandemic and a proliferation of new technologies. Brands need to quickly adapt to the changing marketplace and new technologies, including how they market and sell their products and services to their customers. These changes influence every aspect of our lives—the way we work, play, and interact with each other—and have had a profound effect on consumer expectations and norms.

Innovation plays a significant role in the legal issues faced by practitioners today and being nimble amidst the changes that innovation brings is a must. Understanding new technologies and how they impact businesses and legal teams is now de rigueur in brand legal practice. In addition, anticipating the future state of the marketplace and the role of IP—and, consequently, the roles of IP practitioners (both at law firms and in-house) and IP Offices—is crucial for the continued growth of protection and enforcement systems across the globe and the continued relevance of IP practitioners.

Friday, November 19

Understanding the differences in marketplaces, trademark and complementary IP laws, and issues facing brand owners in different regions is fundamental so that all practitioners can be effective counselors to their business clients. Brand owners may take pride in their “global” brands, but practitioners know that the protection systems vary nationally or regionally. Understanding the differences in the marketplaces and the state of the law and practice in each marketplace is critical for the continued success of brand practitioners.