Brand & New

Canada legalized the use of cannabis for recreational purposes on October 17, 2018. The country became the first major world economy to legalize it, starting a national experiment representing major cultural, social, public policy, and legal challenges for this nation. The comparison between Canada and its southern neighbor, the United States, is often made—to date, the use, sale, and possession of cannabis is illegal under U.S. federal law, although more than 10 states have legalized marijuana for recreational use.  

In this episode, Isabelle Jomphe, Partner, Lawyer, and Trademark Agent at Lavery, a law firm based in Montreal, Canada,  discusses the impact of cannabis  legalization on trademark law,  the so-called “cannabis trademarks,” and regulations that restrict how brands can market cannabis products. It’s definitely a hot topic of debate in Canada, 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 Isabelle Jomphe (link to https://www.linkedin.com/in/isabellejomphe/)
About Lavery (link to https://www.lavery.ca)

Also of interest:

Canada Trademarks Act (link to https://laws-lois.justice.gc.ca/PDF/T-13.pdf) and Cannabis Act (link to https://laws-lois.justice.gc.ca/eng/acts/C-24.5/fulltext.html)
Regulations about cannabis promotion in Canada (link to https://www.canada.ca/en/health-canada/services/drugs-medication/cannabis/laws-regulations/promotion-prohibitions.html and https://cannabis.ca.gov/laws-regulations/)
The Globe and Mail: Buying Blind: Cannabis marketing restrictions leave little brand awareness in the new recreational market (link to https://www.theglobeandmail.com/business/article-buying-blind-cannabis-marketing-restrictions-leave-little-brand/)
The Guardian about cannabis legalization in Canada (link to https://www.theguardian.com/world/2018/jun/06/canada-cannabis-legalization-questions-answered)
The New York Times about cannabis in the US (link to https://www.theguardian.com/world/2018/jun/06/canada-cannabis-legalization-questions-answeredhttps://www.nytimes.com/2019/07/11/us/california-cannabis-marijuana-business-colorado.html)
INTA Bulletin: High Times Ahead: Brand Restrictions on Legalized Cannabis in Canada (link to:https://www.inta.org/INTABulletin/Pages/CANADAHighTimesAheadBrandRestrictionsonLegalizedCannabisinCanada7318.aspx)
Overview of state marijuana laws in the United States (link to: http://www.ncsl.org/research/ci

There is not a week that goes by without a privacy-related topic hitting the news—from data breaches affecting millions of people to social network marketing strategies, targeted advertising, or geolocation tracking technologies. Since the adoption of the EU General Data Protection Regulation (GDPR) in 2016, privacy issues have become critical for all companies and have reshaped how data is handled across every economic sector around the world.
Our guest, Pascale Gelly, Group Data Protection Officer at Schneider Electric, a world leader in energy and automation digital solutions, shares the essentials about GDPR and its impact on companies, society, and intellectual property in the European Union and beyond. She has been practicing data protection law since the 1990s in Paris, France, handling data protection affairs for major international companies such as GE, and working as an outside counsel on emerging and international issues. 

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 Pascale Gelly (link to https://www.linkedin.com/in/pascalegelly/?originalSubdomain=fr)
About Schneider Electric (link to https://www.schneider-electric.com/ww/en/)
Also of interest:
EU Data Protection Rules (link to https://ec.europa.eu/commission/priorities/justice-and-fundamental-rights/data-protection/2018-reform-eu-data-protection-rules/eu-data-protection-rules_en)
Library of information about GDPR (link to https://gdpr.eu)
World IP Review, "Beyond the intersection of privacy and trademark law" (link to https://www.worldipreview.com/contributed-article/gdpr-and-beyond-the-intersection-of-privacy-and-trademark-law)
Harvard Office of Human Research Administration (link to https://www.hsph.harvard.edu/ohra/gdpr/)
McKinsey Insights about GDPR (link to
https://www.mckinsey.com/business-functions/risk/our-insights/gdpr-compliance-after-may-2018-a-continuing-challenge)
INTA 2020 Europe Conference, Brands, Sports, and Esports: A Brand (R)evolution (link to https://www.inta.org/Programs/Pages/2020Madrid_Overview.aspx)
INTA 2020 Annual Meeting, April 25-29, 2020, Singapore (link to https://www.inta.org/2020Annual/Pages/Home.aspx)
INTA E-Learning Programs on GDPR and WHOIS (link to https://www.inta.org/E-Learning/Pages/E-Learning.aspx)
WHOIS Challenges: A Toolkit for Intellectual Property Professionals (link to https://www.inta.org/Advocacy/Documents/2018/WHOIS%20Challenges%20A%20Toolkit%20for%20Intellectual%20Property%20Professionals.pdf)
INTA Daily News (page 8)—GDPR’s First Anniversary of Implementation and WHOIS: Where Are Brand Owners Now? (link to https://www.inta.org/PDF%20Library/2019Daily/2019DailyNews_Day5.pdf)
 INTA Daily News (page 18)—GDPR and Beyond: The Intersection of Privacy and Trademark Law (link to https://www.inta.org/PDF%20Library/2019Daily/2019DailyNews_Day2.pdf)
The Trademark Reporter—Commentary: Availability of WHOIS Information After the GDPR—Is It Time to Panic? (link to https://w

Intellectual Property law as we know it has been shaped by technology evolutions over the last century, today’s tech innovations seems to have a higher disruptive effect on traditional IP legal concepts. Think AI, algorithms, data science, connected objects, or even life science new techs. Is our IP legal system outdated? How should we, as lawyers, address today’s legal challenges relating to machine-generated innovation, machine learning capabilities, and data processing? What evolutions should we reasonably foresee, in terms of legal doctrines, but also from a governance and policy perspective? And in that context, what will be the role of the IPOs of tomorrow? Francis Gurry has led the World Intellectual Property Organization (WIPO) as Director General since October 1, 2008. Under his leadership, WIPO has addressed major challenges, including notably managing the stress on the international patent and copyright systems produced by rapid technological change, globalization and increased demand; and ensuring that the IP system serves its fundamental purpose of encouraging creativity and innovation in all countries.

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 Francis Gurry (link to https://www.wipo.int/about-wipo/en/dgo/index.html)
About WIPO (link to https://www.wipo.int/about-wipo/en/)

Also of interest:
- Francis Gurry about data rights & AI (link to https://www.wipo.int/about-wipo/en/dgo/news/2019/news_0044.html, https://iprinfo.fi/artikkeli/francis-gurry-first-we-should-ask-the-right-questions/ and 
https://www.managingip.com/Article/3879472/Preview-WIPO-director-general-predicts-AI-liability-changes.html?ArticleId=3879472)
- WIPO Report 2019 (link to https://www.wipo.int/wipr/en/2019/)
- MIT Technology Review about "data ownership" (link to https://www.technologyreview.com/s/612588/its-time-for-a-bill-of-data-rights/)
- INTA 2020 Annual Meeting (link to https://www.inta.org/2020Annual/Pages/Home.aspx)

Europe has been experiencing political turmoil over the last few years, from the Catalonia referendum on independence to Brexit (the abbreviation for “British exit” referring to the United Kingdom’s decision in a June 2016 referendum to leave the European Union).  No surprise, Brexit is expected to have consequences on the intellectual property (IP) of UK companies, from many standpoints: legal, economic (IP rights-intensive industries contribute  more than 35 percent to the UK’s GDP, marketing, social, etc.
The guest of this episode, Tim Moss, has been the CEO and Comptroller General of the UK Intellectual Property Office (IPO) since May 2017, and previously was the Registrar of Companies for England and Wales and Chief Executive of Companies House, the UK Registrar of Companies. Tim is at the forefront of the changes occurring as a result of Brexit and will share his views on its consequences for the IP world.  Named by Managing IP magazine as one of the top 50 most influential people in IP in the world, he offers an eye-opening analysis of the main challenges faced by the IP world in general and how to overcome 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 Tim Moss (link to https://www.gov.uk/government/people/tim-moss)
About the UK IPO (link to https://www.gov.uk/government/organisations/intellectual-property-office)
Also of interest:
INTA portal about Brexit (link to https://www.inta.org/Advocacy/Pages/Brexit.aspx)
IP & Brexit - Guidance from the UK IPO (link to https://www.gov.uk/guidance/intellectual-property-and-brexit)
Brexit Q&A from the European Union Intellectual Property Office (link to https://euipo.europa.eu/ohimportal/en/brexit-q-and-a?TSPD_101_R0=655fcde00d4427018568920a6bd88cfcc5j0000000000000002f4ecfeacffff00000000000000000000000000005da3cbe1000eb28a3f)
No-deal Brexit Guidance from The Law Society (link to https://www.lawsociety.org.uk/support-services/advice/articles/no-deal-brexit-intellectual-property/)
INTA Bulletin: Artificial Intelligence Is Genuine Benefit to the Intellectual Property Field  (link to : https://www.inta.org/INTABulletin/Pages/WIPO_Brand_and_Design_Database_Section_Head_Mona_Remlawi_Interview_7412.aspx)
INTA Daily News (page 1): How IP Offices Use Artificial Intelligence (link to: https://www.inta.org/PDF%20Library/2019Daily/2019DailyNews_Day5.pdf
Brand & New episodes featuring interviews with heads of various IP Offices (link to https://www.inta.org/brandandnew)

What can’t you find on Amazon? As the most global retail store ever, Amazon has become a unique platform where customers can literally find any product they wish and sellers have concomitantly found a marketplace broader than anything they used to operate on. Unsurprisingly, Amazon's commercial success has led to an increased risk of counterfeit products being sold on its platform. How does the platform protect brands to maintain customer trust? What are the proactive and reactive steps taken by Amazon to limit this risk? In today’s episode we discuss the platform’s anti-infringement strategy with Dana Northcott, Vice President and Associate General Counsel, Intellectual Property, who has been with Amazon.com, Inc. for over 12 years. Among her attributes, Dana is notably in charge of designing the company’s intellectual property platform policy and implementing it globally over all its business lines.


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 Dana Northcott (link)https://www.linkedin.com/in/dana-brown-northcott-9751681/

Also of interest:
- Amazon Brand Registry (link to: https://brandservices.amazon.com/)
- Amazon's Project Zero (link to https://brandservices.amazon.com/projectzero)
- INTA study: Addressing the Sale of Counterfeits on the Internet (link to https://www.inta.org/Advocacy/Documents/2018/Addressing_the_Sale_of_Counterfeits_on_the_Internet_021518.pdf)
- INTA’s new attitudinal study: Gen Z Insights: Brands and Counterfeit Products (link to www.inta.org/impactstudies)
- INTA study: The Economic Impacts of Counterfeiting and Piracy (link to: (https://www.inta.org/Communications/Pages/Impact-Study-Two.aspx)
- INTA 2018 Daily News: articles on counterfeiting (link to: https://www.inta.org/PDF%20Library/2018Daily/2018DailyNews_Day1.pdf)
- INTA about On-Demand Recording: Anticounterfeiting Resources: Recordation Tools for Brand Owners (https://learning.inta.org/products/anticounterfeiting-resources-recordation-tools-for-brand-owners)

Intellectual property remains one of the most valuable assets in the Digital Age.  In Africa, few countries, Kenya, South Africa, and Nigeria, are credited for having IP standards in place. International businesses are already present, operating in areas such as telecommunications and banking. But what are the main opportunities and challenges faced by these companies, whichincreasingly rely on their immaterial assets such as trademarks or patents?  These are the questions that Davidson Oturu, an IP lawyer deeply involved for years in the advancement of IP laws in Africa, will answer. Davidson is Partner in the law firm Aelex, and is based in Abuja, Nigeria, one of the 25 largest economies in the world. Thanks to his extensive experience in technology, including cryptocurrency, data protection, and IP rights, his insights are particularly eye-opening.

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 Davidson Oturu (link to https://www.linkedin.com/in/davidson-oturu-aa360bb/?originalSubdomain=ng)
About Aelex (link to https://www.aelex.com)

Also of interest:
- Nigerian Law Today - publication about cryptocurrency (http://nigerianlawtoday.com/evaluating-central-bank-nigerias-directive-cryptocurrency/)
- WIPO data about IP in Nigeria (https://www.wipo.int/members/en/details.jsp?country_id=128)
- Database of information about Nigeria, including keys legal and economic documents ( https://www.loc.gov/law/help/guide/nations/nigeria.php) 
- INTA Daily News (page 10): Africa: The Hot Ticket for Technology (https://www.inta.org/PDF%20Library/2019Daily/2019DailyNews_Day5.pdf)
- INTA Nigeria Country Report about Gen Z Insights: Brands and Counterfeit Products (https://www.inta.org/Communications/Documents/INTA%20Gen%20Z%20Insights%20Nigeria%20Report.pdf)
- INTA Insights: Davidson Oturu speaks about counterfeits (https://www.inta.org/Communications/Pages/INTA-Insights.aspx)

With a steady GDP growth over 5% last year, Kenya is one of the leading economic forces not only in East Africa but on the entire continent. In this context, it’s no surprise that intellectual property issues are at the forefront of most national institutional projects. From legislative amendments to update the main laws in light of new challenges raised by new techs, to punchy enforcement initiatives to tackle counterfeiting, IP issues are regarded as critical to foster the economy. Our guests today, both Members of Kenya Parliament, Honorable David Ochieng (for Ugenya Constituency) and Honorable Alice Muthoni Wahome (for Kandara Constituency), are essential stakeholders of these changes, thanks to their extensive knowledge of legislative, political and judiciary worlds in Kenya. Honorable Wahome is also Chairperson of the Kenya’s IP/Trademark Caucus on INTA and Honorable Ochieng is one of its Members.
Deeply involved in this country’s strategy related to IP and innovation, they explain in this episode the current changes and what they expect from 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 Hon. David Ochieng (link to https://www.the-star.co.ke/news/2019-04-09-who-is-david-ochieng/)
About Hon. Alice Muthoni Wahome (link to http://www.parliament.go.ke/the-national-assembly/hon-wahome-alice-muthoni)

Also of interest
- About IP news in Kenya: 

Kenya Industrial Property Institute link to: http://kipi.go.ke/index.php/about

Brand Kenya link to: http://brandkenya.go.ke

- About the Parliament of Kenya link to http://www.parliament.go.ke/the-national-assembly/mps

INTA Daily News (page 10) link to: https://www.inta.org/PDF%20Library/2019Daily/2019DailyNews_Day5.pdf

INTA 2018 Annual Report: Innovation and IP (page 28) link to: https://www.inta.org/AnnualReports/Documents/2018-INTA-Annual-Report.pdf

Is there a European way to understand and manage intellectual property (IP)?  Since the 18th century, Europe has always been at the forefront of innovation and competitiveness, as explained by Benoît Battistelli, who held various roles in French government departments and embassies before serving as  Director General of the French National Institute for Industrial Property. and then President  of the European Patent Office, one of the five largest IP offices in the world (7,000 staff), from 2010 to 2018. Currently, Mr. Battistelli is  President of theAdministrative Board of the Center for International Intellectual Property Studies (CEIPI), Strasbourg, France. He shares his vision of the IP landscape and its challenges, particularly related to innovation and reforms to gain more efficiency.

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 Benoît Battistelli (link to http://www.ceipi.edu/en/news/piece-of-news/?tx_ttnews%5Btt_news%5D=10044&cHash=93b85ee7d4e8671ecb5bf44626b1f666)

Also of interest:

- European Patent Office (link to https://www.epo.org/index.html and https://worldwide.espacenet.com)
- IP5 (link to https://www.fiveipoffices.org/)
-INTA Daily News: How IP Offices Use Artificial Intelligence (link to https://www.inta.org/PDF%20Library/2019Daily/2019DailyNews_Day5.pdf) 

Andrei Iancu has been serving since February 2018 as the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO) s, based in Alexandria, Virginia. An engineer and intellectual property (IP) attorney, he previously was the managing partner of the law firm Irell & Manella, focused on IP litigation. 

The USPTO is the largest IP office in the world – in few figures: more than 13,000 employees, and the examination of over 450,000 trademark applications and 150,000 patents issued every year.  So how is it to lead such an institution, and to launch ambitious reforms to tackle issues of our times?  

In this episode of Brand&New, Andrei Iancu talks transparently about his vision, his actions, and the challenges related to the future of IP and the office, and what is on his to-do list!

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 Andrei Iancu (link to https://www.uspto.gov/about-us/executive-biographies/andrei-iancu)
About USPTO (link to https://www.uspto.gov)

Also of interest

- Global Innovation Policy Center (GIPC)’s 2019 International IP Index (link to: https://www.theglobalipcenter.com/wp-content/uploads/2019/02/023593_GIPC_IP_Index_2019_Full_03.pdf)

- USPTO Strategic Plan 2018-2022 (link to https://www.uspto.gov/sites/default/files/documents/USPTO_2018-2022_Strategic_Plan.pdf)

- Remarks by Andrei Iancu the INTA’s Annual Meeting 2019 (link to https://www.uspto.gov/about-us/news-updates/remarks-director-iancu-international-trademark-association-141st-annual) 

- Supreme Court Decision and comments about the Iancu v. Brunetti case (link to https://www.supremecourt.gov/opinions/18pdf/18-302_e29g.pdf and https://www.ipwatchdog.com/2019/06/25/fuct-case-ends-bang-ban-immoral-scandalous-marks-fails-first-amendment-scrutiny/id=110683/)

- Article from the National Law Journal about Andrei Iancu’s testimony to US Senate IP Subcommittee (link to https://www.law.com/nationallawjournal/2019/03/14/five-takeaways-from-andrei-iancus-testimony-to-senate-ip-subcommittee/) 

-INTA and ICC-BASCAP Impact Study: The Economic Impacts of Counterfeiting and Piracy (link to: https://www.inta.org/Communications/Pages/Impact-Study-Two.aspx)

- INTA Daily News (page 16): Spreading the Word About IP (link to https://www.inta.org/PDF%20Library/2019Daily/2019DailyNews_Day3.pdf)