Alicante, 07-08 July 2022 (hybrid)
Discover now the 2-days program
Building on the highly acclaimed Intellectual Property Case Law Conferences (‘IPCLC’) of 2016, 2018 and 2020, the Boards of Appeal of the EUIPO are organising, in cooperation with the EUIPO Academy, a hybrid fourth edition of the IPCLC. It will be held in Alicante on 07 and 08 July 2022.
Why Attend the IP Case Law Conference?
This conference marks the 25th anniversary of the Boards of Appeal and promises to be an exceptional event, bringing together leading intellectual property experts from multiple jurisdictions and representing a broad spectrum of professional interests.
Newly designed to take a sectorial approach to current global challenges facing the IP community, the conference includes an all-star conference faculty, with representatives from some of the leading IP offices, lawmakers, judges, academics and lawyers. Contextualised in a sectorial approach – including fields such as health, fashion, the environment, artificial intelligence, automobiles and the food industry –, expert panels will consider the challenges and developments in IP case-law and legislation that lie ahead.
The event is designed to encourage interactive discussions among participants through panel debates, with each of them covering 4 or 5 key topics related to each specific sector.
An attendance certificate will be provided for those who request one. The language of the conference is English, but there will be simultaneous interpretation in French, German, Spanish and Italian (the official languages of the Office).
This session will address current procedural and substantive questions of the EU courts’ case-law in trade mark and design matters. Speakers include judges and référendaires of the EU courts in Luxembourg.
|First session Show
- 10:05 - 11:05 General Court Proceedings
Panel Leader: Savvas Papasavvas, Vice President, General Court of EU
Leading Discussant: Monika Millet, Judge, Viena Commercial Court
- Topic 1: Pourvoi to the Court of Justice under the New Regime: lessons to be drawn after 3 years?
Speaker: Tamara Perisin, Judge, General Court of the EU
- Topic 2: ‘Amplification’ of Pleas and Arguments before the General Court: How far can we go without going too far?
Speaker: Renata Ukelyte, Administrator, General Court of the EU
- Topic 3: Conceptual Comparison and Names of Celebrities: a VIP Entry Pass?
Speaker: Ionut Dragan, Legal Secretary, General Court of the EU
- Topic 4: Overprotection of Weak Marks: only history?
Speaker: Charles-Henry Massa, Legal Secretary, General Court of the EU
- Topic 5: Distinctiveness of Non-Traditional marks: ‘Significant Departure’ vs ‘Resonance’
Speaker: Natalie Schall, Legal Secretary, General Court of the EU
- 11.05 - 11.35 Q&A session
- 11.35 - 12.00 Coffee break
Climate change and environmental concerns are at the forefront of government and corporate agendas in numerous fields of economic activity, including IP. This session will look at how the sustainability and greening of IP are being addressed by Commission policy, their impact on trade mark and design jurisprudence and what eco-friendliness means for protection of plant varieties at the EU level. Set against the backdrop of working with nature and sustainable products, consideration will also be given to the treatment of cannabis trade marks at the EUIPO, as well as an insider view of how companies must go beyond mere ‘greenwashing’ of their IP.
|Second session Show
- 12:00 - 12:50 Sustainability and the Greening of Intellectual Property
Panel Leader: Max Walters, Senior Reporter, Managing Intellectual Property
- Topic 1: Key Takeaways from the Europe Commission Action Plan Intellectual Property 2020
Speaker: Markus Kicia, DG Grow, European Commission
- Topic 2: A Helicopter View of Green Trade Mark and Design Case Law
Speaker: Pierre-Yves de Harven, Judge, Brussels Business Tribunal
- Topic 3: Eco-Friendly Plant Varieties: a view from the Community Plant Variety Office
Speaker: Francesco Mattina, President, Community Plant Variety Office
- Topic 4: Weeding Out the Unsustainable: cannabis trade marks before the Boards of Appeal
Speaker: Gordon Humphreys, Chairperson of the First and Third Boards of Appeal, European Union Intellectual Property Office
- Topic 5: Transitioning into the Green Zone: an in-house perspective
Speaker: Laetitia Lagarde, Legal Counsel, Global Blue
- 12:50 - 13:15 Q&A session
- 13:15 - 14:30 Lunch break
TThis session will deal with the interesting issue of intersecting IPR in culture, fashion and entertainment. The topics cover different aspects of culture and entertainment including, inter alia, press and book titles, gaming and sport, music and films, art, and also fashion law, which has become a hot topic in recent years.
|Third session Show
14:30 - 15:20 Intersecting Intellectual Property Rights in Culture, Fashion and Entertainment
Panel Leader: James Nurton, Partner, Lextel Partners
- Topic 1: Trademarking Press and Book Titles: trying to make the impossible possible?
Speaker: Yann Basire, Directeur General Center for Intellectual Property Studies, Université de Strasbourg
- Topic 2: Gaming and Sport: generating potential for concurrent intellectual property rights
Speaker: Vojtech Chloupek, Partner, Bird & Bird.
- Topic 3: Protection of Music and Films: a tour d’horizon of intellectual property rights possibilities
Speaker: Nina Korjus, Chairperson of the Fourth Board of Appeal, European Union Intellectual Property Office
- Topic 4: From Bansky to Rembrandt: objections to exploiting intellectual property rights in art and culture
Speaker: Knud Wallberg, Partner, Zacco
- Topic 5: New Frontiers for Fashion Law
Speaker: Eleonora Rosati, Professor of Intellectual Property Law, Stockholm University
- 15.20 - 15.50 Q&A session
- 15.50 - 16.15 Coffee Break
The last 2 years have put health concerns at the centre of our lives. IP was challenged by the pandemic, many new issues were raised in the world of health and new concepts of wellness emerged. The panel will lead the journey into the changes that have modified our lives in these recent difficult months.
|Fourth session Show
16:15 - 17:05 Nurturing the Value of Healthcare and Wellness
Panel Leader: Jose Antonio GIl Celedonio, Director General, Spanish Office of Patents and Trademarks
- Topic 1: Legal Issues of Pharmaceutical Compulsory Licensing
Speaker: Marco Aleman, Assistant Director General, World Intellectual Property Organization
- Topic 2: Current Challenges of Pharmaceutical Trade Marks
Speaker: Ilanah Fhima, Professor of Intellectual Property Law, University College London
- Topic 3: Health and Public Policy Concerns: the case of Covid trade marks
Speaker: Virginia Melgar, Chairperson of the Fifth Board of Appeal, European Union Intellectual Property Office
- Topic 4: Justifications for Non-Use: the force majeure benchmark
Speaker: Albert Zervas, Judge, Trademark Trial and Appeal Board, United States Patent and Trademark Office
- Topic 5: Protecting Wellness and Beauty through Intellectual Property Rights: an industry view
Speaker: José Monteiro, Of Counsel, PGDH Avocats
- 17.05 - 17.30 Q&A session
- End of day one
The digital world plays a crucial role in all aspects and is changing quickly. The upcoming challenges for intellectual property are going to be discussed in the fifth session of the conference. International experts will address, inter alia, how artificial intelligence can be used in public administration and in trade mark law, whether technology created by machines can be protected and how the use of trade marks can be proven by online evidence.
|Fifth session Show
- 09.10 - 09.30 Opening address by Marion Walsmann, Member, European Parliament
- 09:30 - 10:30 Challenges in the Digital Age
Panel Leader: Axel Voss, Member, European Parliament
- Topic 1: Perspectives on Frontier Technologies, Artificial Intelligence and Beyond: scaling up artificial intelligence (and blockchain) for public administrations
Speaker: Marc Clement, Judge, Administrative Court of Appeal of Lyon
- Topic 2: The Human Factor in Artificial Intelligence Machine Inventions: Decisions J 8/20 and J 9/20 of the European Patent Office Legal Board of Appeal
Speaker: Ingo Beckedorf, Chairperson, Boards of Appeal, European Patent Office
- Topic 3: Race Against the Machine: comparing the system-level performance of computational and human decision-making
Speaker: Anna Ronkainen, Independent Scholar, University of Helsinki
- Topic 4: Artificial Intelligence and Trade Mark Law
Speaker: Anke Moerland, Associate Professor of Intellectual Property Law, Maastricht University
- Topic 5: Internet-Based Evidence: how can trade mark law catch up with the Digital Age?
Speaker: Alicja Zalewska-Orabona, Of Counsela and Head of the EU Trade Mark Team at CMS Cameron McKenna Nabarro Olswang
- Topic 6: Case-Law on Software Trade Marks: all up in the cloud(s)?
Speaker: Sven Stürmann, Chairperson of Second Board of Appeal, European Union Intellectual Property Office
- 10:30 - 11:00 Q&A Session
- 11:00 - 11:30 Coffee break
With innovation and technology evolving at a rate that is increasing by the day, and competition among automotive manufacturers and suppliers being as fierce and cut-throat as ever before, IP protection is more important now than ever. In the sixth session, we will be discussing the impact of IP issues and challenges for the automotive industry, primarily in the field of trade marks, patents and design, in light of the recent Design Reform.
|Sixth session Show
- 11:30 - 12:20 Rolling Out Automotive Intellectual Property
Panel Leader: Amedeo M. Vanara, Senior Legal Counsel, Iveco Group
- Topic 1: Spare Parts and Models: conundrums of genuine use of car trade marks
Speaker: Rüdiger Pansch Dr iur., M. Jur. (Oxon.)
- Topic 2: Cutting-Edge Legal Issues of Automative Designs
Speaker: Julie Samnadda, Member of the Legal Service, European Commission
- Topic 3: Upscaling Value from the Past: vintage marks in Europa
Speaker: Verena von Bomhard, Founder and Partner, Bomhard Intellectual Property
- Topic 4: Design Reform: terra nova or just tweaking?
Speaker: David Stone, Global Head of Intellectual Property, Allen & Overy
- Topic 5: Latest Case-Law on Patents in the Automotive Industry: a national perspective
Speaker: Nathalie Sabotier, Head of the Intellectual Property Chamber, Tribunal of Paris
- 12.20 - 12.45 Q&A session
- 12.45- 14.15 Lunch break
The food and beverage industries are not only the world’s largest industries. In recent years, they have also become one of the most competitive with their companies and markets. It is unsurprising that companies are expending considerable resources to create and promote distinctive brands while increasingly looking toward intellectual property protection as a tool to establish or maintain their dominance in the field. The seventh session will cover these aspects in the realm of trade marks and geographical indications, with an emphasis on the interactions and challenges between these IP rights and the GI Reform.
|Seventh session Show
- 14:15 - 15:15 Boosting the Attractiveness of Intellectual Property Rights in Food and Beverages
Panel Leader: Irene Calboli, Professor of Law, Texas A&M University School of Law
- Topic 1: The Panorama of Geographical Indications Reform: great expectations
Speaker: Dimitris Botis, Legal Department, European Union Intellectual Property Office
- Topic 2: The International Dimension of Geographical Indications: relevancy for European stakeholders
Speaker: Bernard O’Connor, Head of Office, O’Connor and Company
- Topic 3: Comparing Alcoholic and Non-Alcoholic Beverages: market realities
Speaker: Imogen Fowler, Partner, Hogan Lovells
- Topic 4: Dilemmas of Dual Protection of Geographical Indications and Trade Marks
Speaker: Pilar Montero, Director of the Master in Intellectual Property and Digital Innovation, Magister Lvcentinvs, Universidad de Alicante.
- Topic 5: Vexed Questions of Reputation and Genericity of Geographical Indications
Speaker: Dev Gangjee, Professor of Intellectual Property Law, University of Oxford
- Topic 6: Can Geographical Names, Including State Names, be Trade Marks?
Speaker: Marcus Höpperger, Director of Law and Legislative Advice, World Intellectual Property Organization
- 15.15 - 15.45 Q&A session
- 15.45 - 16.00 Closing remarks by:
- João Negrão, President of the Boards of Appeal, European Union Intellectual Property Office
- End of conference