Remote Need Not Be Distant

One of the unexpected benefits of the pandemic-induced transition to doing everything virtually was that it allowed better access to professional development opportunities for a wider cross section of people. According to several participants, last year’s virtual Annual Meeting enabled them to register more people within their organizations than they had in previous years, and similarly, for those where travel costs might normally be prohibitive, it enabled attendance and networking in a way that had not previously been possible.

With that in mind, as well as acknowledgement that the pandemic is at very different stages in different parts of the world, the 2022 Annual Meeting Live+ encompasses a Virtual Only event. This is an alternative—and less expensive—option versus registering for Live+, in which participants can attend the in-person gathering in Washington, D.C., and take advantage of the virtual offerings.

On the virtual program, each of the days will be tailored to different time zones: China Standard Time, Central European Time, and United States Eastern Daylight Time (EDT).

In total, there will be more than 40 educational sessions available on the virtual platform, including 20+ exclusively virtual sessions in real time with about 60 speakers from 20 jurisdictions; several livestreams from the in-person event; and on-demand access to featured sessions and Capsule Keynotes from the in-person Meeting (and the virtual sessions) available until August 5. Details of the in-person program can be found on p3.

The Monday, May 2 virtual program starts with a fascinating Regional Update, China Case Law Update: Staying Ahead of the Curve in Punitive Damages Calculation (12:15 am – 1:15 am EDT). Panelists will consider the trend toward more and higher damages awards in trademark cases since the passage of the 2019 revisions to the Trademark Law of China.

One of the speakers, Carol Wang, Shanghai litigation head, Lusheng Law Firm (China), said that registrants can expect to gain a better understanding of “litigation strategies and damages they may obtain” in China, and especially how to try and claim higher damages in specific local jurisdictions.

Later in the day, the Regional Updates agenda pivots to another part of the world, with Data Protection in Africa: Juxtaposing Privacy Laws Across South Africa, Nigeria, Rwanda, Kenya, and Zimbabwe (Monday, May 2, 10:15 am - 11:15 am EDT). Tolu Olaloye, senior associate, Jackson, Etti, Edu & Co. (Nigeria), is the moderator of this session and track leader of the Regional Updates track.

“There is a dearth of data privacy awareness in Africa and there are rising cases of data privacy violations. But regulators are standing up to this occasion in a non-adversarial way to provide the critical regulatory framework for data protection,” she said.

According to Ms. Olaloye, the increased use of the Internet in Africa has enabled individuals, as well as private and public entities, to access, collect, process, and disseminate personal data. As a result, several African countries have been propelled to enact comprehensive data protection laws and establish data protection authorities.

Shem Otanga, partner at Keiti Law LLP (Kenya), and one of the panelists, explained that this regional session will offer “insight into the legislative direction that governments across the continent are taking in relation to the regulation of personal data processing activities with comparisons of salient similarities and differences in their approaches.”

Mr. Otanga stressed the importance of this discussion, noting the biggest challenge in this area now is “a low level of awareness rights and obligations among stakeholders,” especially when it comes to implementing the various compliance requirements.

On the same day, (Monday, May 2, 2:00 –3:00 pm EDT), registrants can hear more about INTA’s Brand Restrictions Study: A View from Gen Zers and Millennials (2021), and the attendant issues for brands around the world facing different and growing legislative and regulatory restrictions. This session, entitled Goodbye to Iconic Trademarks! The Days of Brand Freedom Are Over, is on the Complementary Rights, Regulatory Issues, and Brand Restrictions track.

One of the speakers, Wallis Pons, partner at AngelesPons (Dominican Republic) underlined that “brand restrictions are spreading rapidly in different countries without studies that support the measures, on the basis that other countries have implemented them, without taking into account—as INTA’s Brand Restrictions Study shows, as well as history from the Dominican Republic perspective—that these types of measures do not achieve the desired objective, which is to change consumption habits.”

Registrants will get an overview of the trends and new restrictive laws emerging across the world. They will also learn how these measures affect not just trademarks owners, but consumers, media, celebrities, and others, as well as hear discussion of the “best courses of action to combat these attempts,” Ms. Pons said.

On the following day, the virtual programming leads off with Transfer Pricing and Brands (Ownership and Valuation) on The Business of Brands track (Tuesday, May 3, 3:30 am - 4:45 am EDT), followed by The Hungry Caterpillar: Colin v. Cuthbert and a Look at How to Best Protect Cutting Edge Marks Inside and Outside the Trademark Arena on the Complementary Rights track (Tuesday, May 3, 5:00 am – 6:00 am EDT). The latter will explore the widely followed “cake case” in the UK, featuring Colin and Cuthbert caterpillar cakes, as well as discuss a case in which a 3D shape mark won over a 2D mark at the EU Intellectual Property Office.

Then, on the Innovation and IP track, virtual attendees will turn their attention to a topic that has become ever more important during the past couple of years: Cybersecurity: The Tenets of Proper Protection (Tuesday, May 3, 7:30 am – 8:30 am EDT). Swati Sharma, partner, Anand and Anand Advocates (India), the moderator, and panelists, from Hong Kong SAR, China, and from the United States, will discuss how to identify cybersecurity threats and how to mitigate unexpected risks that might arise, she said.

“Theft of IP is one of the greatest concerns a company can face if challenged with a cyberattack,” Ms. Sharma noted, which “can result in immense loss of reputation, goodwill, and business and can trigger multiple lawsuits, leaving the company with a mammoth task of dealing with loss of reputation, business, and customers.”

As well as looking at the IP risks from cyberattacks, the panel will offer practical tips to build a sound cybersecurity policy, including technology, processes, people, and insurance.