2017 Anticounterfeiting Conference: Staying Ahead of the Curve

Registration and Information Desk Open

Networking Coffee

Welcome and Opening Remarks

Etienne Sanz de Acedo, International Trademark Association (INTA) (United States)

Conference Co-Chairs:
Heather McDonald, Baker & Hostetler LLP (United States)
Sharmini Lohadhasan, BP  (Singapore)

Welcome from Hong Kong

Ada K.L. Leung, Director of Intellectual Property, Hong Kong Intellectual Property Department (Hong Kong SAR, China)

Louise Ho, Assistant Commissioner, Intelligence and Investigation, Hong Kong Customs and Excise Department (Hong Kong SAR, China)

Keynote

Etienne Sanz de Acedo, CEO of INTA and Jeffrey P. Hardy, Director, ICC BASCAP will announce the new BASCAP/INTA report titled: The Economic Impacts of Counterfeiting and Piracy. This new study, conducted by Frontier Economics, examines the global economic and social impacts of counterfeiting and piracy. This announcement will be followed by a panel discussion of key findings in the report.

Interviewer:
Heather McDonald, Baker & Hostetler LLP (United States)

Panelists:
Amar Breckenridge, Frontier Economics Limited (United Kingdom)
Jeffrey P. Hardy, ICC BASCAP (France)
Etienne Sanz de Acedo, INTA (United States)

Session I—Where Do I Begin? Brand Owners Get Real

A panel of in-house brand protection and legal experts will discuss best practices for implementing a successful anticounterfeiting program, including how to get CEO/CFO buy-in and budget; who should be on the team, how to stay ahead of the technology curve, how brand protection and legal teams should work together, how to measure success, how to prioritize jurisdictions and resources, and much more. Hear real-world examples that helped shape some of the most efficient and effective anticounterfeiting programs and get practical tips that will help you build the right program for your company.

Moderator/Speaker:
Tara Steketee, Merck & Co., Inc.(United States)

Speakers:
Florence Wong, adidas Group (Hong Kong SAR, China)
Zachary N. Toczynski, Levi Strauss & Co. (United States)

Networking Break

Session II—Investigation Best Practices: Do’s and Don’ts from China and Beyond

In order to effectively fight counterfeiting, you need to find the counterfeits and, more important, find the counterfeiter. Given their ease of movement and clear lack of respect for the law, how do you locate these counterfeiters and effectively close down their operations? A panel of investigators and brand owners will discuss do’s and don’ts for counterfeiting investigations, what evidence is needed, and how to obtain admissible evidence for court proceedings/government investigations, based on their real-world experiences in China and beyond. Panelists will answer such questions as: How do you choose your investigators? Are there differences in the ethical boundaries for investigations in different territories? and How do you handle compliance with ethical guidelines?

Moderator/Speaker:
Heather McDonald, Baker & Hostetler LLP (United States)

Speakers:
Lucy Nichols, GlaxoSmithKline (United Kingdom)
Steve Payne, JT International Asia Pacific Ltd. (Hong Kong SAR, China)
Jason Yao, Wan Hui Da Intellectual Property Agency (China)
Winfrey Yim, Michael Kors (Hong Kong SAR, China)

Networking Lunch

Session III—Investigations and Enforcement in Emerging Markets

Unfortunately, a one-size-fits-all approach does not work for investigations and enforcement. This panel’s discussion will focus on investigation and enforcement avenues in emerging markets. Learn how things have been working and what brand owners need to do to have an effective strategy for emerging markets. Get practical advice on what works, what doesn’t, and what brand owners should be aware of when they work on investigations in key emerging markets.

Moderator/Speaker:
Lisa Yong, Rouse & Co. International LLP (Indonesia)

Speakers:
Brian Law, Harry Elias Partnership L.L.P. (Singapore)
Bich Thuy Nguyen, Viet IP (Vietnam)
Sam Zhou, Procter & Gamble (China)

Session IV—Collaboration Is Key: Lessons Learned

Through real-life cases, delegates will learn how to work together effectively. Topics include:

• Enforcement avenues – criminal vs. civil vs. administrative; and
• Roles and responsibilities of brand owners, police, Customs and other government officials, investigators, and other key players.

Discussion will include what works, what doesn’t, and the costs associated with various avenues of enforcement.

Interviewer:
Huong Nguyen, Tiffany & Co. (Australia)

Interviewee:
Stephen E. Hawgood, Eli Lilly Asia Operation, Limited (Hong Kong SAR, China)

Networking Break

Session V—It’s My Name!

How can companies with limited resources effectively combat the myriad of fraudulent company registrations, counterfeit stores, and the audacious activities of counterfeiters that take advantage of legal loopholes? Panelists will discuss the challenges they face with fraudulent trade name registrations, what to do when a counterfeiter gets to the market first, and other flagrant examples of counterfeiters’ taking advantage of a brand and its owner. Hear how experts have leveraged unfair competition and unfair trade practices laws to help stem the tide of this growing problem.

Moderator/Speaker:
Gabriela Kennedy, Mayer Brown JSM (Hong Kong SAR, China)

Speakers:
David Chen, Shanghai Greroyalt Law Firm (China)
Zachary N. Toczynski, Levi Strauss & Co. (United States)

Wrap-Up from Conference Co-Chairs

Heather McDonald, Baker & Hostetler LLP (United States)
Sharmini Lohadhasan, BP (Singapore)

Networking Reception

Registration and Information Desk Open

Networking Coffee

Welcome Back by Conference Co-Chairs

Heather McDonald, Baker & Hostetler LLP (United States)
Sharmini Lohadhasan, BP (Singapore)

Keynote – Interview with IP Attachés and Other Government Officials

Hear from the IP Attachés from different embassies and other officials on how they can help in the fight against counterfeits.

Interviewer:
Thierry Dubois, Federation of the Swiss Watch Industry FH (Hong Kong SAR, China)

Panelists:
Tomotaka Homma, Director, IP Division, JETRO Beijing/Attaché of Japan Patent Office (China)

Christabel Koh, SE Asia IP Adviser/IPO Attaché to SE Asia, British High Commission Singapore (Singapore)
Benoit Misonne, Project Leader, European Union, IP Key (China)
Evan C. Williams, Regional Intellectual Property Law Enforcement Coordinator, United States Department of Justice (Hong Kong & Macau)

Session VI—The Dangers of Counterfeits: Getting Consumers Engaged

The dangers from counterfeits are real—from the harm to the health and welfare of consumers to the negative impact on society when these criminal enterprises are allowed to grow and fund illicit and dangerous activities. Hear how to effectively engage the public in the fight against counterfeits, including research that has been conducted, successful campaigns to engage consumers and students, and more. Panelists will speak about some current initiatives—what works, what doesn’t, and why investment in these types of programs both in money and in manpower is crucial.

Interviewer:
Peter Dernbach, Winkler Partners (Taiwan)

Panelists:
Christopher Clague, The Economist Group (Japan)
Thierry Dubois, Federation of the Swiss Watch Industry FH (Hong Kong SAR, China)
Lucy Nichols, GlaxoSmithKline (United Kingdom)
Josephine R. Santiago, Intellectual Property Office of the Philippines (Philippines)

Networking Break

Session VII—Technology and Counterfeits

Technology is both friend and foe in today’s marketplace. Learn from leading experts in law enforcement and from investigation vendors and other brand protection experts about how counterfeiters use technology to shield their crime and how that same technology may be the key to an effective anticounterfeiting campaign. Track and Trace, GPS tracking, online footprints, and sophisticated investigation resources are all important tools in any anticounterfeiting arsenal.

Moderator/Speaker:
Thierry Dubois, Federation of the Swiss Watch Industry FH (Hong Kong SAR, China)

Speakers:
Erik Cheung, adidas Group (Hong Kong SAR, China)
Catherine Yip, Hong Kong Customs and Excise Department (Hong Kong SAR, China)
Matteo Vezzosi, NXP Semiconductors (Singapore)

Networking Lunch

Session VIII—Enforcement and Third-Party Liability

There are many valuable links in any supply chain. Hear what the responsibility of each is, from a landlord for the manufacture of products; to shippers, freight forwarders, and vessel companies; to retail outlets, advertising networks, and payment providers. Learn about their roles and responsibilities regarding the creation and sale of counterfeit products, what you can guard against and what you can’t. At bottom, understand how you can help in the fight against counterfeiting.

Moderator/Speaker:
Heather McDonald, Baker & Hostetler LLP (United States)

Speakers:
Cyril Chua, Robinson LLC (Singapore)
Christopher Turk, The H.D. Lee Company Inc. (United States)
Loke-Khoon Tan, Baker & McKenzie (Hong Kong SAR, China)

Introduction by Our Masters of Ceremonies

Sharmini Lohadhasan, BP (Singapore) and
Heather McDonald, Baker & Hostetler LLP (United States)

Session IX—Part 1: Meet the Brand Owners

Many different industries face online counterfeiting. Various industries will share their internal structure and process for dealing with online counterfeiting—what is working, where they see improvement, and how they work with governments and online platforms collaboratively and effectively to stop online counterfeiting.

Speakers:
Sharmini Lohadhasan, BP (Singapore)
Huong Nguyen, Tiffany and Co. (Australia)
Kelvin Sze, Luxury Brand (Hong Kong SAR, China)

Networking Break

Session X—Part 2: Meet the Platforms

Many online platforms have grown their staff and capabilities to address the growing problem of online counterfeiting. Hear from legal and brand protection experts from online platforms about what is working, what doesn’t work, and how to effectively enforce your brands on the Internet. Panelists will discuss a variety of topics, such as: bogus Whois information; the ease of counterfeiters in reinventing themselves online and what platforms are doing to combat counterfeiters that are circumventing their efforts (e.g., a picture of the brand owner’s product but no mention of the brand in the description); an evaluation of enforcement systems on representative platforms; and how to effectively work together to implement a successful online enforcement program.

Speakers:
Julien Dudouit, eBay Inc. (United States)
Lynn X.L. Fu, Alibaba Group (China)

Session XI—Part 3: Meet the Government Officials

Hear from government officials from Customs, Police, IP Offices, and Embassies about what they are doing to stem the tide of online counterfeiting. What do they see as their roles, and what are their expectations of the platforms, intermediaries, and rights holders?

Speakers:
Joel Blank, United States Patent and Trademark Office, U.S. Embassy, Beijing (China)
Evan C. Williams, United States Department of Justice (Hong Kong & Macau)
Mick Ryan, China-Britain Business Council (China)

The Round-Up: Q & A

Panelists from Sessions IX through XI will be available to answer delegates’ questions.

Closing Remarks and Thank You

Closing Reception

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

Heather McDonald, Baker & Hostetler LLP (United States)
Sharmini Lohadhasan, BP (Singapore)

Project Team

Peter Dernbach, Winkler Partners (Taiwan)
Thierry Dubois, Federation of the Swiss Watch Industry FH (Hong Kong SAR, China)
Gabriela Kennedy, Mayer Brown JSM (Hong Kong SAR, China)
Huong Nguyen, Tiffany & Co. (Australia)
Erica Weiner, Michael Kors (United States)
Lisa Yong, Rouse & Co. International LLP (Indonesia)

INTA Staff Liaisons

Sacha Colquhoun, International Trademark Association (United States)
Dolores Moro, International Trademark Association (United States)
Tiffany Pho, International Trademark Association (United States)
Maysa Razavi, International Trademark Association (United States)