Brand & New

Climate change is one of the greatest challenges of our times. Its interactions with IP are multifaceted, from « green » tech innovations to adapt or mitigate global warming to new branding strategies focused on sustainability. The IP lawyer Fabrice Mattei, based in South East Asia (Thailand & Myanmar), partner at the international law firm Rouse Consultancy, leads the IP and climate change practice, dealing with both international and local laws and policies. He shares his vision as well as his concerns about this “hot topic” and its impact on business strategies. 

Every two weeks, on Tuesday, Brand & New gives the floor to inspiring individuals, with a 360-degree vision, to help brand owners, intellectual property lawyers, and marketing and finance professionals (and beyond!) stay curious and agile in an ever-evolving business environment. 

Brand & New is a production of the International Trademark Association
Hosted by Audrey Dauvet
Contribution of M. Halle & S. Lagedamond - Music by JD Beats

To go further:
About Fabrice Mattei (link to https://www.consultancy.rouse.com/fabrice-mattei)
About Rouse: website dedicated to IP & climate change (link to https://www.ipandclimatechange.com)

 Also of interest:

- World Economic Forum – 2019 Global Risks Report (https://www.weforum.org/reports/the-global-risks-report-2019)

- WIPO about climate change (link to https://wipo.int/policy/en/climate_change/)

- Cambridge and Columbia Universities resources about IP & climate change (link to https://www.cambridge.org/core/books/intellectual-property-rights-and-climate-change/2F51E1A75DAD3FEA96A3A88041063BFC and link to http://climate.columbia.edu)

Aside from the COVID-19 pandemic and its gripping effects, 2020 will most likely be remembered for the series of police brutalities leading to the deaths of several African Americans in the United States and a subsequent wave of protests all over the world. These movements for racial justice led to a surge in initiatives in favor of black, indigenous, and people of color, or BIPOC, both to challenge certain situations or status quo and to celebrate cultures and diversity, thereby moving the boundaries of what is considered by most as no longer acceptable.

Unsurprisingly, intellectual property (IP), as the most visible result of individuals' and companies' expression and communication, has being directly impacted. Several brands were publicly challenged for using racial stereotypes. How do these social dynamics impact trademark owners? What does IP law tell us about offensive trademarks? 

Professor Rebecca Tushnet, the inaugural Frank Stanton Professor of the First Amendment at Harvard Law School, Cambridge, Massachusetts, USA, is the guest of our new episode of Brand&New. Her research and teaching focuses on copyright, trademark, advertising, and First Amendment law. After clerking at the United States Supreme Court, she practiced IP law at Debevoise and Plimpton before turning to academia. Her blog at tushnet.blogspot.com has been on the American Bar Association 100 list of top legal blogs for several years. 

Every two weeks, on Tuesday, Brand & New gives the floor to inspiring individuals, with a 360-degree vision, to help brand owners, intellectual property lawyers, and marketing and finance professionals (and beyond!) stay curious and agile in an ever-evolving business environment.

Brand & New is a production of the International Trademark Association
Hosted by Audrey Dauvet - Contribution of M. Halle & S. Lagedamond - Music by JD Beats

FOR MORE INFORMATION, VISIT INTA.ORG

To go further:
About Rebecca Tushnet: https://hls.harvard.edu/faculty/directory/11412/Tushnet/ 

Also of interest:
- Rebecca Tushnet’s blog (https://tushnet.blogspot.com)
-Harvard Business Review: “When a Brand Stands up for Racial Justice, Do People Buy It?(https://hbr.org/2020/07/when-a-brand-stands-up-for-racial-justice-do-people-buy-it)
- United States Supreme Court: Matal v. Tam (https://www.supremecourt.gov/opinions/16pdf/15-1293_1o13.pdf)
- INTA Bulletin: “International Amicus Committee Update: INTA Files Amicus Brief in U.S. Supreme Court Case on Immoral or Scandalous Marks” (https://www.inta.org/international-amicus-committee-update-inta-files-amicus-brief-in-u-s-supreme-court-case-on-immoral-or-scandalous-marks/)
- International Trademark Association’s 2020 Annual Meeting & Leadership Meeting: 12 educational tracks, including sessions entitled “Brand Authenticity: Reacting to Social Movements Quickly and Appropriately” (https://www.inta.org/events/2020-annual-meeting-leadership-meeting/)
-The National Law Review: “Trademark Trolls—A Danger to Avoid with a Re-Brand” (https://www.natlawreview.com/article/trad

First holding several executive posts at IBM—the world's largest patent holder-- during more than 25 years, then serving as Director of the U.S. Patent and Trademark Office (USPTO), and now in private practice, Dave Kappos has pretty much sat on all sides of the "IP table" over his career.
Dave is widely recognized as one of the world’s foremost leaders in the field of intellectual property. Today, he is a partner at the multi-awarded U.S. law firm Cravath, based in New York, New York, USA, and an an adjunct professor at Columbia Law School and Cornell Law School. He has received numerous accolades, including being named one of the “50 Most Influential People in Intellectual Property” by Managing IP and one of the “100 Most Influential Lawyers in America” by The National Law Journal.  
Dave's unique career pathways -having started as a development engineer- give him a complete approach of the interactions between IP and innovation, from patents to brands, so no doubt there is a lot to learn in this episode for all IP practitioners, and beyond.

Every two weeks, on Tuesday, Brand & New gives the floor to inspiring individuals, with a 360-degree vision, to help brand owners, intellectual property lawyers, and marketing and finance professionals (and beyond!) stay curious and agile in an ever-evolving business environment.

Brand & New is a production of the International Trademark Association
Hosted by Audrey Dauvet
Contribution of M. Halle & S. Lagedamond - Music by JD Beats

FOR MORE INFORMATION, VISIT INTA.ORG
To go further:
About David Kappos (link to https://www.cravath.com/dkappos/)
About Cravath (link to https://www.cravath.com)

Also of interest:

INTA 2020 Annual Meeting & Leadership Meeting; relevant education tracks include “Patents” and “Innovation and the Future of IP” (link to www.inta.org/2020annual)

 Articles by David J. Kappos:

MITSloan Management Review: “Innovation-Based Technology Standards Are Under Threat”

Fortune: “Why America’s Patent System Is Not Killing Innovation”

Articles about patent wars:

The New York Times:  “Apple and Samsung End Smartphone Patent Wars”

IP Watchdog: “A Poor History of Wright Brothers Concludes They Were Patent Trolls”

RECORDED BEFORE THE CURRENT SANITARY CRISIS
Major brands regularly experience crises and make the news for alleged fundamental rights violations or similar breaches with high social stakes. Think racial discrimination, privacy and data breaches, sexual harassment at the workplace, or even life-threatening health hazards such as food poisoning. 

This episode sheds light on brand crisis management, the impact of such crises on brand value and intellectual property assets, as well as the solutions and good practices of proactive and remediation plans.

Our guest, Shep Hyken, is Chief Amazement Officer at Shepard Presentations, St. Louis, Missouri, USA. Mr. Hyken is a customer service and experience expert, best-selling business author, and regular contributor to the Leadership Strategy section at Forbes.com.  He explains and illustrates the spectrum of brand crises and the different ways—good and bad—to handle them!

Every two weeks, on Tuesday, Brand & New gives the floor to inspiring individuals, with a 360-degree vision, to help brand owners, intellectual property lawyers, and marketing and finance professionals (and beyond!) stay curious and agile in an ever-evolving business environment.

Brand & New is a production of the International Trademark Association
Hosted by Audrey Dauvet - Contribution of M. Halle & S. Lagedamond - Music by JD Beats

FOR MORE INFORMATION, VISIT INTA.ORG

To go further:
About Shep Hyken (link to https://www.linkedin.com/in/shephyken/ and https://hyken.com)

Also of interest:

- INTA 2020 Annual Meeting & Leadership Meeting: Track—Managing Your Brand in Times of Crisis (link to: https://www.inta.org/inta-events/education-tracks/)
- INTA Bulletin: “Don’t Go Dark: An Interview with Edelman’s Jennifer Cohan on Brand Response to COVID-19” (link to: https://www.inta.org/perspectives/dont-go-dark-do-not-stand-on-the-sideline-an-interview-with-edelmans-jennifer-cohan-on-brand-response-to-covid-19/)
- INTA News: The Effect of a Data Breach on Brand Value (link to https://www.inta.org/data-protection-committee-update-the-effect-of-a-data-breach-on-brand-value/)
- INTA's Recommendations to Enhance Brand Value Through Data Protection (link to https://www.inta.org/Advocacy/Documents/2018/Recommendations%20to%20Enhance%20Brand%20Value%20Through%20Data%20Protection.pdf)
- Blog about crisis management (link to https://brandfolder.com/blog/crisis-management)

In these trying times, innovation has never been so essential for brand owners, to adjust to new environments. That’s why we decided to rebroadcast the Brand & New episode (originally posted May 18, 2019) which interviews one of the marketing world’s most inspiring and powerful women, Shelly Lazarus, Chairman Emeritus of the global creative agency Ogilvy, based in New York, New York, USA.  Shelly also serves on the board of Merck & Co. and the WWF, among others. This true evangelist for the power of brands has been paving the way for women in leadership roles for many years.

Innovation will be one of the key topics at INTA’s 2020 Annual Meeting & Leadership Meeting, November 16 to 20, 2020; see Track: Innovation & the Future of IP. Register now. 

Every two weeks, on Tuesday, Brand & New gives the floor to inspiring individuals, with a 360-degree vision, to help brand owners, intellectual property lawyers, and marketing and finance professionals (and beyond!) stay curious and agile in an ever-evolving business environment.

Brand & New is a production of the International Trademark Association
Hosted by Audrey Dauvet
Contribution of M. Halle & S. Lagedamond - Music by JD Beats

FOR MORE INFORMATION, VISIT INTA.ORG
To go further:
About Shelly Lazarus (link to https://www.linkedin.com/in/shelly-lazarus-3bab1b6/)
About Ogilvy (link to https://www.ogilvy.com)

Also of interest:

Gen Z Insights: Brands and Counterfeit Products
(link to https://www.inta.org/INTABulletin/Pages/Gen_Z_Insights_Impact_Study_7408.aspx)
Brands and Innovation—On-Demand Recordings (link to: https://learning.inta.org/brands-and-innovation)
Brands and Innovation Committee (link to: http://www.inta.org/Committees/Pages/BrandsandInnovation.aspx)

While most, if not all lawyers thrive for excellence and success with their clients, cases, or projects, not everyone manages to really reach and more importantly remain at the top of their game throughout their careers. Our guests today offer two different but similarly stunning examples of successful careers in the intellectual property world. 

Monique Joe is Senior Vice President, Head of Brands and Content Intellectual Property, at NBCUniversal Media, LLC, in Los Angeles, California, USA, where she oversees the IP team that supports the development of brands and the production of content for all NBCUniversal businesses globally, ranging from Universal Pictures and DreamWorks Animation to NBC and Telemundo. She was named several times by World Trademark Review as one of the World’s Leading Corporate Trademark Professionals.

Anthony Dreyer is an Intellectual Property and Sports Litigation Partner with the law firm of Skadden, Arps, Slate, Meagher & Flom LLP in New York, New York, USA.A commercial litigator concentrating on IP, sports, entertainment, and related licensing disputes, he has been named a leading trademark practitioner by both World Trademark Review and Managing Intellectual Property.

In addition to being graduates of Fordham University School of Law, both are recognized as top level IP practitioners, high achievers, and forward thinkers. Today they share their experience, vision, tips, and personal observations on the mutation of the legal industry and the challenges that poses for beginners and experienced IP lawyers alike.

Every two weeks, on Tuesday, Brand & New gives the floor to inspiring individuals, with a 360-degree vision, to help brand owners, intellectual property lawyers, and marketing and finance professionals (and beyond!) stay curious and agile in an ever-evolving business environment.

Brand & New is a production of the International Trademark Association
Hosted by Audrey Dauvet - Contribution of M. Halle & S. Lagedamond - Music by JD Beats

FOR MORE INFORMATION, VISIT INTA.ORG

To go further:

About Monique Joe (link to https://www.linkedin.com/in/monique-cheng-joe-ba52111/)
About Anthony Dreyer (link to https://www.linkedin.com/in/anthonydreyer/)

Also of interest:
- American Bar Association: “An Interview between Two Generations of IP Attorneys” (link to https://www.americanbar.org/groups/intellectual_property_law/publications/landslide/2018-19/january-february/learning-each-other/)
- INTA 2020 Annual Meeting & Leadership Meeting (link to : https://www.inta.org/events/2020-annual-meeting-leadership-meeting/)
- Harvard Law School: “Lawyers as Professionals and as Citizens: Key Roles and Responsibilities in the 21st Century” (link to https://clp.law.harvard.edu/assets/Professionalism-Project-Essay_11.20.14.pdf)
- Leaders League: Ayala Deutsch (INTA): “IP Practitioners Need to Broaden Their Horizons” (link to: https://www.leadersleague.com/en/news/ayala-deutsch-inta-ip-practitioners-need-to-broaden-their-horizons)
- International Trademark Association’s “The Women’s Leadersh&l

With the spread of the COVID-19 pandemic, countries worldwide have been implementing more or less stringent social distancing and lockdown measures, and the operations of intellectual property (IP) offices have been impacted just as any other businesses or institutions. Many IP offices around the world have implemented emergency policies to limit their services, and some even have shut down for the foreseeable feature. For companies and individuals with worldwide trademark or patent portfolios, now is a critical time to be aware of any changes that may impact their IP management strategies – for the best or the worst.

Our guest today is Michael Schwager, the Director General of IP Australia, based in Canberra. IP Australia is the country’s IP office responsible for administering IP rights, including trademarks, patents, designs, and plant breeder's rights applications. It was ranked in April 2020 in the Top 10 most innovative IP offices in the world, based on World Trademark Review’s analysis of 50 IP offices.

Before leading IP Australia as of September 2018, Mr. Schwager spent almost 13 years with the Department of Industry, Innovation and Science of the Australian Government, where he was in charge of what we would call today innovation policy—that is, developing and implementing strategies to foster an internationally competitive, innovative, and sustainable business environment in Australia. 

Every two weeks, on Tuesday, Brand & New gives the floor to inspiring individuals, with a 360-degree vision, to help brand owners, intellectual property lawyers, and marketing and finance professionals (and beyond!) stay curious and agile in an ever-evolving business environment.

Brand & New is a production of the International Trademark Association
Hosted by Audrey Dauvet
Contribution of M. Halle & S. Lagedamond - Music by JD Beats

FOR MORE INFORMATION, VISIT INTA.ORG

To go further:
About Michael Schwager (link to https://www.linkedin.com/in/schwags/?originalSubdomain=au)

Also of interest:
- Australian IP Office Website (link to https://www.ipaustralia.gov.au)
- United States Patent and Trademark Office notices  about COVID-19 (link to https://www.uspto.gov/coronavirus)
- INTA’s 2020 Annual Meeting & Leadership Meeting Goes Virtual (link to https://www.inta.org/INTABulletin/Pages/2020_Annual_Meeting_Goes_Virtual_7510.aspx)
- INTA Daily News: Nurturing Innovation—IP Offices and SMEs (link to https://www.inta.org/PDF%20Library/2019Daily/2019DailyNews_Day1.pdf)

When security breaches make news headlines, they tend to be about nefarious hackers in another country or a catastrophic failure of technology. However, employees occasionally make mistakes that can pose grave dangers to the organization’s cybersecurity, from emailing valuable data to recipients to misconfiguring assets that enable unwanted access to company information. 

Indeed, human mistakes reportedly account for one-fourth to one-third of data and intellectual property breaches within companies. The average cost of inadvertent breaches from human error is estimated to up to $3.5 millionannually; that’s without even including breaches resulting from employee willful misconduct. Many of the biggest breaches over the last decade would actually not have happened but for some form of human error.

Our guest, Dr. Adi Gillat, shares her experience related to security breaches, and to what extent intellectual property (IP) rights are at risk, particularly in the specific context of the COVID-19 pandemic that has impacted all businesses for the last few months.

Dr. Gillat has been an IP, IT, and privacy lawyer for almost 25 years, advising Israeli technology companies oncomplex tech transactions and compliance matters. Ranked among the top transactional IP lawyers in Israel, she is a founding partner at H-F & Co., based in Tel Aviv, Israel, and leads its IP, IT and Tech-Transactions practice. She is a licensed attorney both in Israel and in the U.S., where she previously practiced IP transactional and litigation law.

Every two weeks, on Tuesday, Brand & New gives the floor to inspiring individuals, with a 360-degree vision, to help brand owners, intellectual property lawyers, and marketing and finance professionals (and beyond!) stay curious and agile in an ever-evolving business environment.

Brand & New is a production of the International Trademark Association
Hosted by Audrey Dauvet - Contribution of M. Halle & S. Lagedamond - Music by JD Beats

FOR MORE INFORMATION, VISIT INTA.ORG

To go further:
About Adi Gillat: https://www.linkedin.com/in/adi-gillat-8a39371/

Also of interest:

- Harvard Business Review, The Biggest Cybersecurity Threats are inside your Company (link to https://hbr.org/2016/09/the-biggest-cybersecurity-threats-are-inside-your-company)

- INTA On-demand Webcast: Data Privacy 101—How to Ensure Data Protection and Enhance Brand Value in the Age of Data Privacy (link to https://learning.inta.org/products/data-privacy-101how-to-ensure-data-protection-and-enhance-brand-value-in-the-age-of-data-privacy)

- INTA Report: Recommendations to Enhance Brand Value Through Data Protection (link to: https://www.inta.org/Advocacy/Documents/2018/Recommendations%20to%20Enhance%20Brand%20Value%20Through%20Data%20Protection.pdf

- Infosecurity Magazine https://www.infosecurity-magazine.com/opinions/employees-taking-data/

- Business Insights, Addressing Human Error causes Security Breaches (link to https://businessinsights.bitdefender.com/addressing-human-error-causes-security-breaches)

- Forbes, Remote Work involves Cybersecurity Risks (link to https://www.forbes.com/sites/ca

News reports have never been as science-oriented as they tend to be these days due to the COVID-19 pandemic. Testing capacities, hospital medical equipment, potential treatments, and vaccine research are front and center, and it seems it is going to stay that way for some time given the direct and tangible stake that the public has in all those discussions. And as a consequence, pharmaceuticals and life sciences stakeholders—major intellectual property (IP) rights holders—are suddenly expected to deliver solutions to solve a major, worldwide health crisis. 

Our guests today, Marc Holtorf and Emmanuel Gougé are partners at the law firm Pinsent Masons in Munich, Germany, and Paris, France, respectively.  They both specialize in IP law, advising international companies on their IP management, development, and enforcement strategies. Mr. Holtorf has been working for the life sciences practice of international law firms for over 20 years, and he is now the Head of IP and Life Sciences for Germany at Pinsent Masons. Mr. Gougé also has over 20 years of experience as an IP attorney, with experience in the UK, Belgium and France, where he leads the Intellectual Property department. 

They share with us their perspective on the very unique situation the life sciences sector finds itself into these days, in between the private market dynamics and the imperatives of global health policies and the public interest.

Every two weeks, on Tuesday, Brand & New gives the floor to inspiring individuals, with a 360-degree vision, to help brand owners, intellectual property lawyers, and marketing and finance professionals (and beyond!) stay curious and agile in an ever-evolving business environment.

Brand & New is a production of the International Trademark Association
Hosted by Audrey Dauvet
Contribution of M. Halle & S. Lagedamond - Music by JD Beats

FOR MORE INFORMATION, VISIT INTA.ORG

To go further:
About Emmanuel Gougé (link to https://www.linkedin.com/in/emmanuel-gougé-043a974b/)
About Marc Holtorf (link to https://www.linkedin.com/in/marc-l-holtorf-500aa9b7/)

Also of interest:
-       MIT COVID-19 Open Research Dataset (link to https://innovation.mit.edu/cord19/)
-       Pinsent Masons Analysis about COVID-19 Patents Rights and Public Interest (link to https://www.pinsentmasons.com/out-law/analysis/coronavirus-patents-rights-public-interest)
-       Forbes, Innovation Imperatives from COVID-19 (link to https://www.forbes.com/sites/henrychesbrough/2020/03/18/innovation-imperatives-from-covid-19/#6dbf48456fb1)