MARQUES - The Identity of Brand Owners

31st MARQUES Annual Conference
Tuesday 19th - Friday 22nd September 2017
Hilton Prague, Prague, Czech Republic

BRANDS and CULTURE

OVERVIEW PROGRAMME REGISTRATION FEES TERMS & CONDITIONS REGISTER SPONSORSHIP

PROGRAMME TUESDAY WEDNESDAY THURSDAY FRIDAY

Thursday 21st September

08.00 hrs	Breakfast meeting for Corporate Members (by invitation only)
	Moderator: Claudia Pappas, Thyssenkrupp Intellectual Property GmbH, Germany Member of the MARQUES Council and the MARQUES Programming Team
09.30 hrs	PART 5: THE UNCHARTED WATERS OF EU TRADE MARK LAW Speakers will discuss the impact of the EU trade mark reforms that come into effect on 1st October 2017. These include: invalidity proceedings under Article 8(3), requirements for filing certification marks, timing of claims of priorities and acquired distinctiveness, new formalities when filing proof of use, substantiation of earlier rights using online sources and simplified translation requirements. Session Chairman: Kasper Frahm, Plesner Law Firm, Denmark Member of the MARQUES European Trademark Law & Practice Team Speakers: Simon Malynicz, Three New Square IP, UK Member of the MARQUES European Trademark Law & Practice Team Dimitris Botis, Deputy Director for Legal Affairs, International Cooperation and Legal Affairs Department, EUIPO
	LEWIS GAZE MEMORIAL SCHOLARSHIP PRESENTATION Presented by: Gregor Versondert, Procter & Gamble International Operations S.A., Switzerland Chair of the MARQUES Council
11.00 hrs	Coffee and Exhibitors
11.30 hrs	PART 6: NON-TRADE MARK PROTECTION OF CORPORATE IDENTITY AND ADVERTISEMENT PROPERTIES What are the options for protecting advertising campaigns and graphic design on the basis of copyright law, advertising law and tort, when trade mark protection falls short? Speakers in this session will look at the various regimes of protection in four jurisdictions: the US, China, Germany, and the UK. Session Chairman: Jesse Hofhuis, Hofhuis Alkema Groen, The Netherlands Member of the MARQUES Programming Team Speakers: For the US: Julia Matheson, Finnegan, USA Member of the MARQUES Brands & Marketing Team For China: Coral Toh, Spruson & Ferguson, China Member of the MARQUES Famous and Well Known Marks Team For the UK: Sally Britton, Mishcon de Reya LLP, UK For Continental Europe: Andreas Lubberger, Lubberger . Lehment, Germany Member of the MARQUES Famous and Well Known Marks Team
12.30 hrs	Lunch
14.15 hrs	CHOICE OF WORKSHOP
	1. MARKETING TO KIDS This workshop will provide an overview of the European legal scenario related to advertising and product marketing to kids. Focusing on unfair competition law, guest speaker Christoph Sperlich, Head of Legal of Ravensburger AG, gives some practical insights and illustrative examples on marketing projects in the toy and gaming industry. In particular, Christoph will highlight some national legislative peculiarities and identify that despite all harmonization in the field of unfair competition law at the EU level, differences as to the dos and don’ts of product marketing to kids still exist. Following this approach the Team will present its analysis of the legal framework inside and outside the EU and portray the challenges for a global corporation in defining its strategy of marketing products to kids. Additionally, the workshop will widen its scope analysing the legal framework of marketing to kids in the food and clothing industry and pinpoint applicable standards beside national and European legislation such as industry standards, codes of practice and guidelines set by NGOs. Guest Speaker: Christoph Sperlich, Ravensburger AG, Germany Presented by: The MARQUES Regulatory Team
	2. INJUNCTIONS: THEIR AVAILABILITY AND THE REQUIREMENTS TO OBTAIN THEM This workshop will facilitate a discussion about the different types of injunctions that are available in different jurisdictions - mandatory, prohibitory, quia timet etc. It will explore the different factors that are taken into account by the courts in considering granting injunctive relief and whether this differs depending on the type of injunction sought. Comparisons of the different procedures and whether there are pre-emptive measures that can be taken by potential defendants will be discussed. Other relevant discussion points will be rights of appeal, availability of alternative remedies and the remedies for breach of injunctive relief. Presented by: The MARQUES Dispute Resolution Team
	3. MEET THE TRADE NAME - THE UNDERESTIMATED AND MYSTERIOUS MEMBER OF THE IP-FAMILY Meet the trade name - sweetheart or black sheep? - Tackling similarities and differences in various jurisdictions The workshop will investigate challenges which IP-lawyers and in-house counsels face in their daily practice, such as the impact of the lack of harmonization of trade name and company name law on issues such as clearing searches, litigation, opposition proceedings and licensing. To make it interactive and elaborate cross border tips and tricks, the subject matter will be presented by Sascha Abrar and Karin Pomaizlova of the MARQUES Unfair Competition Team through different entertaining mock case scenarios. Presented by: The MARQUES Unfair Competition Team
	4. CREATIVE WORK DESIGNED FOR BUSINESS Creative aspects of brands – such as genuine product shapes, artistic logos or artwork in advertising campaigns – attract consumer attention. They provide for recognition. How can such creative work designed for business best be protected on an international scale? Design registration is certainly not the only way to achieve protection for creative work, but it is adequate and cost-effective. The first part of the workshop examines the overlap of different IP tools – registered designs, unregistered designs, trade marks, copyright and unfair competition. Till Lampel (MARQUES Unfair Competition Team), Robert Stutz and Sebastian Fischoeder (MARQUES Designs Team) will share their experiences. The workshop will discuss how such an overlap affects filing strategies and examine the advantages and disadvantages of various filing approaches. The second part of the workshop will also examine lookalikes as a danger for creative brands. With examples from several jurisdictions, we will discuss the tension between protection of creativity and freedom of competition and how to attack or defend - lookalikes, in particular if there is no registered IP right. The workshop will examine how brand owners can make use of overlapping protection tools when it comes to enforcement. We will discuss questions such as: What are the requirements for pan-European enforcement measures? Where to go for quick preliminary injunctions? In order for you to become more acquainted with a very effective tool to obtain design protection on an international scale a special part of the workshop is dedicated to Grégoire Bisson (WIPO) who will present the most important Dos and Don’ts when filing for design protection internationally via WIPO under the Hague Agreement. Guest Speaker: Grégoire Bisson, Head of The Hague Registry, Brands and Designs Sector, WIPO Presented by: The MARQUES Designs Team and the MARQUES Unfair Competition Team
	5. WIPO WORKSHOP A practical guide to avoiding irregularities in International Registrations – get your marks through first time! WIPO will lead an interactive session with real world applications for practitioners who file International Registrations. The workshop will cover how to use the Madrid Goods and Services manager, classification issues and common irregularity problems, with useful case studies. Learn how to ensure that your applications move smoothly through to grant without the delays and risks associated with irregularities, and protect your clients' interests by using the classification system to your advantage. WIPO will also demonstrate their online tools. Guest Speaker: Benoît Aperce, Assistant Program Officer in the Madrid Registry's Information and Promotion Division, Brands and Designs Sector, WIPO Presented by: The MARQUES International Trade Mark Law and Practice Team
19.00 hrs	Coaches Depart for the Black Tie Gala Dinner and Dance at the Industrial Palace