Three Questions for Danny Marti

Danny Marti (Tencent, USA)

Considering the theme of “The Business of Innovation” for the 2023 Annual Meeting Live+, Danny Marti (Tencent, USA) was a natural choice for a keynote speaker for the Opening Ceremony. Mr. Marti has enjoyed a long and distinguished career in both public and private service dedicated to intellectual property (IP) and innovation, including as the Intellectual Property Enforcement Coordinator during the Obama administration, where he was responsible for coordinating the efforts of the U.S. government national security, economic, and criminal agencies engaged in IP enforcement.

Today, Mr. Marti serves on INTA’s DEI Council and leads the global public affairs team at Tencent, a leading global technology and entertainment company recognized as one of the World’s Most Innovative Companies (Boston Consulting Group, 2022). Tencent is the Platinum Plus Sponsor of the 2023 Annual Meeting Live+.

With less than two weeks to go before he delivers his keynote address during the Opening Ceremonies of the Annual Meeting in Singapore, Mr. Marti spoke with the INTA Bulletin about the ways technology intersects with IP protection and Tencent’s plans for the Annual Meeting.

Technology continues to evolve rapidly and is increasingly pervasive in almost all areas of human life. The IP rights we have today have been in existence for many years. In your view, are they truly serving the businesses of today? Please elaborate.
As the digital economy continues to grow, IP enforcement strategies are becoming increasingly more complex. While digital innovation has spurred new opportunities to create and innovate, it also presents challenges on the IP front—be it new and novel uses, geographic scope, and so on. Regulators, and at times the courts, may struggle to balance adequate protection and facilitating innovation. To borrow from a copyright example, about ten years ago we saw courts take on the then-novel question of whether scanning books and reproducing a “snippet” constituted infringement or fair use. We are now entering a new era as generative AI [artificial intelligence] and other advances raise new concerns around the scanning and creation of songs, images, and text.

Although IP law will certainly continue to evolve alongside marketplace developments, there is also much to take note of today. A number of technological advancements in recent years have served brands well, as there are new and exciting ways to engage consumers around the world. Historically, consumers were exposed to ads through fairly traditional channels and static brand representations. We are now witnessing a shift towards a more personalized and interactive relationship with consumers. For example, we now see brands, sports leagues, movie studios, music labels, and other IP-dependent entities engaging dynamically with consumers in video games such as Tencent and KRAFTON’s PUBG MOBILE, and EPIC’s Fortnite, among others.

Trademark law continues to show its resilience in this new space as the twin aims of trademark law—that is, to protect consumers and prevent unfair competition—have supported these exciting collaborations and new approaches. Yes, there will be new challenges and questions to work through, but trademark law principles continue to prove their resiliency.

Tencent is a global technology leader. In the legal world, emerging or “disruptive” technologies are most often approached with trepidation. For example, the increased focus on the metaverse led to a lot of defensive trademark filings long before many of those brands had concrete plans for their operations in the metaverse. We saw the same anxiety within the IP community a few years ago when 3D printing became popular. How does Tencent approach technology from an IP perspective?
Tencent’s business model enjoys a unique footprint, one born in technology, with a heavy emphasis across many creative fields, including online music, TV and film, and video games. These businesses and underlying partnerships are IP-dependent and as a result, IP considerations are front and center in the work we do.

For example, Tencent’s communication and social platform, Weixin, boasts more than a billion monthly active users, with an ecosystem comprised of private features such as personal accounts, as well as public features for brands such as mini programs and official accounts. Many INTA brand members actively utilize Weixin, and its international sister app, WeChat, to communicate and engage with consumers in China and beyond. Almost ten years ago, Tencent launched the Weixin Brand Protection Platform (BPP) to help facilitate anticounterfeiting efforts by providing brand owners and platform users with an efficient process to report and remove counterfeit and infringing content. As the platform features grew, so did the BPP program, with new and enhanced functions added in 2022 to target infringing livestreams and other channel-based content. These actions, among other developments and improvements, form part of Tencent’s ongoing commitment to combat infringing activity on the digital platform, protecting users and legitimate businesses.

With respect to the metaverse, at Tencent, we speak more about the potential of a form of hyper-digital reality. Yes, it can be part virtual reality (VR) but also augmented reality (AR) or mixed reality (MR). These categories can be collectively referred to as “extended reality.” This extended or hyper-digital reality will offer people real-time immersive experiences and will allow them to connect more deeply with the virtual world and to switch seamlessly between the virtual and the real world. It has the power to spark people’s imagination and push the boundaries of possibility. I see a whole new creative landscape emerging. In some respects, the metaverse is already here. We see parts of the longer-term potential in popular games like Roblox that enjoy tens of millions of immersive 3D experiences—from gaming to social hangouts, to concerts, sports, fashion shows, education, and entertainment.

From an IP perspective, those who create value and great experiences should be rewarded for their efforts. That’s doubly true in the so-called metaverse. We believe IP will be an essential building block toward creating a thriving and sustainable ecosystem that protects businesses and consumers and benefits everyone.

Tencent is the Platinum Plus Sponsor for the upcoming 2023 Annual Meeting Live+. As detailed below, your team has a variety of activities planned for our week in Singapore. What is your message to everyone joining us in Singapore?
First, a hearty welcome to Singapore. After an all-too-long pandemic that kept many of us from seeing each other over the past few years, it is wonderful to be coming back together in such an innovative, vibrant, and multicultural destination.

As a leading Asian-headquartered company with a robust local presence in Singapore, Tencent is proud to support INTA and this special Annual Meeting. During our time together, we will all take part in numerous sessions, Table Topics, and hopefully many friendly discussions over long dinners and cocktail receptions, where we can exchange thoughts across a broad range of IP issues, stretching from the traditional to the rapidly emerging IP challenges and opportunities of our times.

While I believe we can have this discussion anywhere, it is quite fitting that we are meeting in Asia. Today, Asia accounts for a large share of global growth in technology revenue start-up funding, spending on R&D, and patents filed. Many Asian countries are leading the world in certain sectors of digitalization. The Asia-Pacific region now accounts for 60 percent of the world’s online retail sales and more than 50 percent of payment-revenue growth. These and other aspects of this “digital boom” are reshaping business, culture, and social life in this region and indeed the world. To be a global brand, or working to support a global brand, requires a deep understanding of these and other digital trends.

Tencent is proud to have contributed to sessions across the IP & Innovation Track as well as the Business Track. We invite you to participate and come join us in the various discussions and to provide feedback and learn more about the Weixin Brand Protection Platform. I and the larger team from Tencent are looking forward to seeing many of you soon.

Although every effort has been made to verify the accuracy of this article, readers are urged to check independently on matters of specific concern or interest.

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