2019 Asia Conference: Brands in Changing Times

Registration and Information Desk Open

Networking Coffee

Welcome and Opening Remarks

2019 INTA President
David Lossignol, Novartis Pharma AG (Switzerland)

Minister of Domestic Trade and Consumer Affairs
Yg. Berhormat Datuk Seri Saifuddin Nasution Bin Ismail, the Honorable Minister of Domestic Trade and Consumer Affairs (Malaysia)

Conference Co-Chairs:
Karen Abraham, Shearn Delamore & Co. (Malaysia)
Carla Federis, BDO Unibank, Inc. (Philippines)

Session 1—Innovation and the Trademark Team

Steep technological advances in recent years have softened borders to enable global conversations in real time, changing the way we live, work, and communicate. How consumers interact and intersect with their brands has changed fundamentally and the expectations of legal advisors is changing as well. With an expectation of near-instantaneous responses, how do legal teams stay current and strategic?

This panel will explore how technology can be a friend (or sometimes foe) to the legal team, including:

• Leveraging artificial intelligence in search tools and other vendor tools used by trademark teams
• The role of blockchain in a trademark practice in the context of smart contracts (and in particular licenses), verifying provenance to substantiate claims, or to help in the fight against counterfeits, clearance and filing, and more
• The role of “big data” in our day-to-day lives and what assets it has created for businesses; how it can be used for budget planning and managing resources
• How roles and responsibilities within a brand team are changing
• What keeps brand owners up at night—the new issues brands face today and the expectations for tomorrow, including data privacy and cybersecurity concerns

Moderator and Speaker:
Tania Lovita, Rouse (Indonesia)

Speakers:
Safir Anand, Anand and Anand (India)
Serena C H Lim, Ant Financial/Alipay (Hong Kong, SAR China)
Kathryn Szymczyk, Gowling WLG (Canada) LLP (Canada)

Session 2—Tips and Strategies to Successfully Take Your Brand Online

Online is no longer a “nice to have” but a “must have” strategy for every business. Whether you are interested in starting a business, an existing business looking to bring your brand online, or an established business looking to enhance your brand’s online presence, this session is for you.

Hear from a panel of industry experts as they discuss the tips and strategies of managing their brands in the online world including:

• Marketing and advertising issues, including social media marketing, marketing regulatory frameworks
• Advertising and social media strategies including exploration of brand image and new technologies and media available to brands
• Online influencers—their role in marketing and advertising and the opportunities and challenges of working with influencers

Moderator and Speaker:
Karen Abraham, Shearn Delamore & Co. (Malaysia)

Speakers:
Hooi Bien Chuah, Lazada Group (Malaysia)
Mediha Mahmood, AirAsia (Malaysia)
Michelle Tan, Influasia (Malaysia)

Networking Break

Session 3—China Update

Recently, China announced amendments to its trademark law, which includes addressing the chronic problem of bad faith trademark registrations.

Will use or intention to use proposed marks become a mandatory requirement in China to obtain trademark protection? Is there a universal understanding of what a bad faith filing entails or is it an ad hoc determination? Do the penalties imposed under the new laws outweigh the benefits of getting your filing in first?

We will hear from practitioners as they discuss the current state of the law and practice in China and discuss minimum standards needed to effectively protect your brand in China, address bad faith filings in a cost-effective and time-sensitive manner, and much more!

Moderator and Speaker:
Francine Tan, Francine Tan Law Corporation (Singapore)

Speakers:
Jason Yao, Wan Hui Da Law Firm (China)
Steve Kefeng Zhao, Anjie Law Firm (China)

Keynote—Brands Today and Tomorrow

Interviewer:
David Lossignol, Novartis Pharma AG (Switzerland)
(2019 INTA President)

Keynote Speaker:
Ainol Yaacob, Head of Country, BP Malaysia

Networking Lunch

Highlight Speaker – The Unintended Consequences of Brand Restrictions

Samir Dixit, Brand Finance Plc (Singapore)

Session 4—Brand Protection Toolkit: It’s Not Just Trademarks Anymore

Brand protection and enforcement strategies are more than a determination of what trademarks to file. A robust strategy must consider a full complement of intellectual property (IP) rights to determine the best strategy—considering scope, enforcement effectiveness, cost, and time.

Brand lawyers need to understand all the tools in their toolkit and evolve with changing times. Consider that the role of designs in a brand strategy has seen a sharp rise in a number of industries. What are the other tools that everyone needs to consider when developing and implementing an effective brand strategy?

Hear from experienced practitioners—both inside and outside counsel—as they discuss how they rely on trademarks, copyrights, designs, right of publicity, trade secrets, and other IP tools when crafting an effective brand strategy. Let’s listen in as they discuss what they are doing today and what trends are telling them to expect in the future.

Moderator and Speaker:
Pei Yee Kuek, Skrine (Malaysia)

Speakers:
Justisiari P. Kusumah, K&K Advocates – Intellectual Property (Indonesia)
Rosabel Socorro Balan, San Miguel Brewery (Philippines)
Florence Wong, Adidas Group (Hong Kong, SAR China)

Highlight Speaker – India Update

Shwetasree Majumder, Fidus Law Chambers (India)

Networking Break

Session 5—Enforcement Strategies: Online and Offline

With the increasing cost of litigation, brand owners are looking for the most cost- and time-effective mechanisms to enforce their brand rights. Since business is moving at the speed of light, waiting on a court decision may ultimately be only a paper victory if the business is lost during the pendency of an action. Moreover, as social media plays a more significant role in our day-to-day lives, conflicts between brand owners may now play out in the court of public opinion.

Hear from experts as they discuss various enforcement options when dealing with both online and brick and mortar infringements, and the effective and creative ways they have been able to protect their brands in order to maintain their reputation and value.

Discussion topics will include addressing the following issues in key countries:

• Effectiveness of administrative proceedings
• Civil and criminal proceedings and likely outcomes
• What has worked and what has been learned by successes and failures
• Tips to creating an effective enforcement strategy
• Justifying enforcement costs and how to tie success to business value
• What businesses are doing today to enforce their rights

Moderator and Speaker:
Sharmini Lohadhasan, BP Singapore Pte Limited (Singapore)

Speakers:
Tomohiro Nakamura, Konishi & Nakamura (Japan)
April Wong, Shell Business Service Centre (Malaysia)

Session 6—Getting a Seat at the Table: Effective Collaboration Between Legal and Business Teams

As we operate in a global marketplace every day, we are used to working across the world with colleagues and clients. Technology has enabled us to communicate in real time via mobile devices—with an expectation of a near-instantaneous response.

Has thoughtful analysis been replaced by speed? Do we have an opportunity to further explore an issue or is the first to reply the only point of view heard? Are we understanding each other or are we speaking at each other and not with each other?

How do you ensure that you are communicating effectively today?

Hear tips and watch-outs as we learn to leverage technology to our advantage, remain business relevant, clear, concise, and authentic!

Moderator and Speaker:
Carla Federis, BDO Unibank, Inc. (Philippines)

Speakers:
Zoe McDonald, Fung Group (Hong Kong, SAR China)
Lee Quin Tan, Grab (Malaysia)
Yiam Yukhunthorntham, T.C. Pharmaceutical Industries Co., Ltd. (Thailand)

Wrap-Up from Conference Co-Chairs

Karen Abraham, Shearn Delamore & Co. (Malaysia)
Carla Federis, BDO Unibank, Inc. (Philippines)

Networking Reception

Registration and Information Desk Open

Networking Coffee

Welcome

Director of Enforcement, Ministry of Domestic Trade and Consumer Affairs
Yang Berbahagia Dato’ Haji Iskandar Halim B. Hj. Sulaiman, Director of Enforcement, Ministry of Domestic Trade and Consumer Affairs (Malaysia)

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

Conference Co-Chairs:
Karen Abraham, Shearn Delamore & Co. (Malaysia)
Carla Federis, BDO Unibank, Inc. (Philippines)

Session 7—Changing Laws and Norms: What You Need to Know

A panel of experts will answer the question as to what is new in the region. By looking at some key country and law changes in the region, from the first Myanmar Trademark Laws to accession to the Madrid Protocol, this panel will provide a survey of recent changes as well as some expected changes in the region.

Moderator:
Kowit Somwaiya, LawPlus Ltd. (Thailand)

Speakers:
Louis Chan, UL International—Singapore Private Limited (Singapore)
Norainan Binti Abd. Latip, Intellectual Property Corporation of Malaysia (MyIPO) (Malaysia)
Dr. Moe Moe Thwe, Intellectual Property Department, Ministry of Education (Science and Technology) (Myanmar)
Peter Willimott, World Intellectual Property Organization (WIPO) (Singapore)

Networking Break

Session 8—Fighting Counterfeits: A Community Approach

As online counterfeiting continues to grow exponentially, and counterfeiters benefit from additional sales, their counterfeiting networks are expanding and further damaging consumers and communities. This panel will discuss creative solutions to combating online counterfeiting and eliminating the criminals’ places of business, including the importance of a collaborative approach to enforcement, enforcement in free trade zones, and the roles of customs, courts, regulatory authorities, brand owners, marketplaces, payment providers, and other intermediaries in the fight against counterfeits!

A panel of key stakeholders will discuss what is working and what is not, providing practical tips for creating and implementing the most effective strategy for your business.

Moderator and Speaker:
Amita Haylock, Mayer Brown (Hong Kong, SAR China)

Speakers:
Miki Hanawa, Adobe Inc. (Japan)
Stephen Man, eBay (Hong Kong, SAR China)

Keynote–Judges Panel

This session provides an opportunity to explore the state of IP law in the region and the opportunities and challenges for brand owners today.

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

Interviewees:
Yang Arif Dato’ Lim Chong Fong, High Court Judge of Kuala Lumpur, High Court of Malaysia (Intellectual Property) (Malaysia)

Dr. Ibrahim, S.H., M.H., LL.M, The Honorable Justice of the Supreme Court of the Republic of Indonesia (Indonesia)

Networking Lunch

Session 9—The Role of Consumers in the Fight Against Counterfeits

By using real-world examples, this panel will show the important role that consumers play in the fight against counterfeits and practical tips on how to engage them, when and what is working, and what is needed. This session will discuss the benefits of educating consumers early and often so they understand what counterfeits do to society and how they, consumers, can make a difference.

Moderator and Speaker:
Tania Lovita, Rouse (Indonesia)

Speakers:
Rachna Bakhru, RNA, IP Attorneys (India)
Justisiari P. Kusumah, on behalf of the Indonesian Anti-Counterfeiting Society/Masyarakat Indonesia Anti Pemalsuan (MIAP) (Indonesia)
Winfrey Yim, Capri Holdings (Hong Kong, SAR China)

Session 10—Customs and Transshipment Issues in an Increasingly Borderless World

When it comes to parallel imports, the world is divided, with some jurisdictions permitting claims of trademark infringement to be made by a brand owner, and others freely permitting their trade. This issue is further complicated when genuine and counterfeit goods are combined in shipments and/or offers of sale.

This panel will explore the state of the law in key countries such as China, Hong Kong and Singapore and explore the expectations and realities of brand owners as they attempt to enforce their brand rights across the region.

Issues to be discussed will include:

• Role of customs in enforcement issues in transshipment matters
• Brand owner rights and responsibilities, including practical tips to apply to your supply chain
• What actions can be pursued … and whether they should be
• Trends and watch-outs as brand owners address these issues across the region

Moderator:
Dan Plane, SIPS (Hong Kong, SAR China)

Speakers:
Ravi Ravindran, Ravindran Associates LLP (Singapore)
Corex Lie, Hong Kong Customs (Hong Kong, SAR China)

Networking Break

Session 11—Brand Value: Tips and Tools

Brands are considered by many businesses to be their most important and valuable asset, but measuring this asset confounds even the most learned brand practitioners.

Hear from experts as they answer your questions as to:

• What information businesses should be tracking to help in the valuation process
• Industry norms for valuation
• Business value from the seller and buyer perspective
• Creative ways to show value and what tools experts are using to help understand consumer perception of brands and how that may be measured

And learn about the importance of brands as a driver for economic growth throughout the world. Hear how trademark-intensive industries play a significant role in the economies of the region.

Moderator:
Dan Plane, SIPS (Hong Kong, SAR China)

Speakers:
Samir Dixit, Brand Finance Plc (Singapore)
Pui Keng Lim, Advanz Fidelis IP Sdn Bhd (Malaysia)

Session 12—The Economic and Social Opportunities in the ASEAN Region and Beyond

Economic opportunities abound in the region and with those opportunities come challenges. Join inside and outside counsel as they discuss the importance of investment, the contributions of trademark intensive industries, and the importance of brands to be both economically and socially relevant in their communities.

Hear about the evolution of brands, from providing functional and economic benefits to creating social purpose, value and impact.

Moderator and Speaker:
Jin Nee Wong, Wong Jin Nee & Teo (Malaysia)

Speakers:
Marion Heathcote, Davies Collison Cave (Australia)
Fabrice Mattei, Rouse (Thailand)
Sharifah Anisah Syed Omar, Petroliam Nasional Berhad (Petronas) (Malaysia)

Closing Remarks and Thank You

Conference Co-Chairs:
Karen Abraham, Shearn Delamore & Co. (Malaysia)
Carla Federis, BDO Unibank, Inc. (Philippines)