FICPI 22nd Open Forum - Madrid 2024 - Presentations

Primal leadership – the hidden driver of great performance

In this session the basics of Primal Leadership and how emotions drive people, and people drive performance, will be explored.

The session will explore the, often misunderstood, primal function of leadership being emotional. True leadership should serve as a reservoir of positivity that unlocks the best in individuals. 

Your potential is influenced by various factors, such as cognitive ability, emotional intelligence (EQ), skills, knowledge, experience, and social network. However, it is your Positive Intelligence (PQ) that ultimately determines the percentage of your vast potential realised.
 
At the end of this practical and interactive session you will have engaged with the five superpowers of your Primal Leadership. This will unlock a powerful tool at your disposal to identify your internal voices (saboteurs) that undermine optimal leadership.
 
This Superpower activates and unlocks personal potential and the performance of your team and firm in areas of effectiveness, relationships, quality of life and wellbeing.

Moderator: Bastiaan Koster
Speaker: Sharon Deal

THIS SESSION IS POWERED BY KANGXIN PARTNERS

Drafting without borders - High Tech

In an era where innovation knows no borders, understanding the nuances of drafting a patent specification that will work in key jurisdictions with different disclosure requirements is paramount.

This session will be presented in two parallel streams focusing on either electromechanical/high tech or chemical/life sciences.

It will review some of the legal challenges posed by different requirements, and will also equip participants with practical strategies to take away.

Moderator: Johan Örtenblad
Speakers: Patricia Koch, Dima Litvak, Pete Sadler

Drafting without borders - Life Sciences

In an era where innovation knows no borders, understanding the nuances of drafting a patent specification that will work in key jurisdictions with different disclosure requirements is paramount.

This session will be presented in two parallel streams focusing on either electromechanical/high tech or chemical/life sciences.

It will review some of the legal challenges posed by different requirements, and will also equip participants with practical strategies to take away.

Moderator & Speaker: Clarissa Johanna Regler
Speakers: Rana Gosain, Serge Shahinian, Archana Shanker

THIS SESSION IS POWERED BY DERIS

Unveiling the Benefits and Pitfalls of the Madrid & Hague Systems

Dive into the dynamic world of international trade marks and designs as we unravel the intricacies of the Hague and Madrid systems.

While these systems are often hailed as cost-effective gateways to the procurement of design and trade mark portfolios, in some situations things may not be as rosy as they seem. While the allure of a streamlined procurement process may tempt, lurking beneath the surface are potential pitfalls – from the acquisition of weaker rights to the outright denial of rights.

Join us for a riveting exploration that goes beyond the glossy facade. Our session is not just about singing praises for these systems but equipping you with practical wisdom. Learn when to wield the power of the Hague and Madrid systems strategically and, crucially, when to steer clear.

We're not just navigating the benefits, but charting a course through the potential pitfalls, providing you with invaluable insights and actionable tips. Let's navigate the intellectual property waters together, ensuring your design and trade mark rights are not just secured but strong and enforceable.

Moderator & Speaker: Rob S. Katz
Speakers: Iván L. Sempere, Lanying (Lena) Shen

Unmasking the mirage: navigating the landscape of fake evidence in IP proceedings

In this session, we invite you to explore the challenges and implications surrounding the use of counterfeit evidence in the legal arena

In an era where technology advances at an unprecedented pace, the creation and manipulation of evidence have become more sophisticated than ever.

This session aims to equip legal professionals, IP practitioners, and industry experts with the tools to discern genuine evidence from deceptive fabrications. From forged documents to manipulated digital content, we will uncover the various forms of fake evidence that can potentially compromise the integrity of IP proceedings.

Our distinguished panel of experts will share insights on identifying red flags, employing cutting-edge forensic techniques, and implementing best practices to ensure the authenticity of evidence presented in IP cases. Participants will gain valuable perspectives on the evolving landscape of deception in intellectual property disputes and learn strategies to safeguard the credibility of their cases.

Moderator: Elia Sugranes
Speakers: Douglas N. Deeth, Sara Navarro & Sergio Rizzo

THIS SESSION IS POWERED BY BSKB

Sound Marks - are they just "full of sound and fury, signifying nothing"**

** Shakespeare, W, Macbeth, Act 5, Scene 5

In this session FICPI will take you on a journey exploring the increasing impact of the non-traditional trade mark, the sound mark.

We will investigate this impact from both the industry and the legal perspective: 

• How can the power of sound build emotional connections to brands? 
• How do consumers perceive them as marks, if they do? 
• How can sound marks be registered in different jurisdictions and which criteria are used for their registrability? 
• What are the specific challenges to registering sound marks in different countries? 

Moderator: Eleni Kokkini
Speakers: Ramon Vives, Andy King, Anna King

THIS SESSION IS POWERED BY DERIS

Bringing IP to life through IP Valuation

Come on a journey with us as we navigate the complex terrain of intellectual property (IP) valuation, a task complicated by IP's intangible nature and the vague market parameters it involves.

We will reveal the motives driving IP valuations, the subjective nature of these valuations influenced by ownership and external factors, and the procedural steps for conducting an analysis. 

We will explore how factors like timing and business maturity impact valuation outcomes, question the credibility of these valuations against market validation, and suggest ways for attorneys to enhance IP value for their clients. 

Additionally, we will shed light upon recent trends in the IP valuation industry, providing a nuanced understanding of the blend of objective and subjective elements shaping the valuation of IP assets. 

This session promises to be a thought-provoking exploration into the intricacies of IP valuation. 

Moderator: Andrew Hicks
Speakers: André Gorius, Éva Kovács, Levente Pethő

Win-win pricing of IP legal services: how to set fees that are competitive in your market and profitable for your firm

"Pricing legal services for competitive advantage and profitability" is a session which zeroes in on one of the most formidable challenges in the legal industry today: pricing.

Especially pertinent in the field of intellectual property, law firms are grappling with the need to set competitive prices in a rapidly evolving legal service market while ensuring sustainable profitability. 

The session will address practical strategies, innovative tools, and effective methods to master this dual challenge. We delve into the advantages and pitfalls of today's prevalent legal fee structures, offering insights into balancing competitive pricing with firm profitability. Furthermore, we'll guide you through ways to emphasise value over price in the client's decision-making process, ensuring your firm stands out in the competitive landscape. 

This session is for legal professionals seeking to craft fee structures that not only attract clients but also guarantee long-term financial health for their firms.

Moderator: Louis Lagler
Speaker: Norman Clark

THIS SESSION IS POWERED BY AL TAMIMI

Patent Linkage

“Patent linking” in the classic sense is thought of as linking the approval of a generic pharmaceutical to the patent status of the name brand drug.

The Hatch-Waxman Act in the United States uses this classic approach in attempting to balance the rights of patentees with generic medicines and patients to provide a statutory framework intended to bring generic pharmaceuticals to market in a timely manner.  

But, this is not the only approach. Europe, for example, focuses its efforts on data and marketing exclusivities to promote R&D as well as facilitate generic market entry, while India uses a hybrid approach without formal linking.  Rather, India combines a developmental safety harbour with patent opposition practices to reduce evergreening.  

The Panel comprising Alessandro Pontiroli, Head Patent Attorney for Zentiva, and practitioners from India, Poland and China, will provide an overview of each system and will discuss practice tips from each perspective as well as how to coordinate efforts between the jurisdictions when seeking to bring a generic to market.

Moderator: Branko Pejic
Speakers: Juhua Luo, Alessandro Pontiroli, Deepa Tiku, Rafal Witek

FICPI Goes to the movies!

From a toy doll to the big screen, the phenomenon of the ‘Barbie’ movie highlighted the integral nature of IP rights in the film industry.

Mattel CEO Ynon Kreiz has gone on record saying that his company is “an I.P. company this is managing franchises”, while previously “[we] used to think of ourselves and present ourselves as a manufacturing company”, a clear declaration of the value of IP to the movie business.

IP permeates the entire process of film making, particularly trade marks, copyright and confidential information. From registering the ‘Harry Potter’ trade mark, to securing the rights to use ‘I Will Always Love You’ as a title song, to the product placement of ‘Aston Martin’ cars and ‘Omega’ watches in the ‘James Bond’ franchise, IP rights shape each stage of the process from script to screen. Licensing of the key trade marks used in films is also a lucrative source of income, with merchandise often being more profitable than ticket sales, so clearance and securing ownership of the relevant rights is essential. 

Hear from experienced practitioners about the protection, enforcement and exploitation of the relevant IP rights and whether the modern film franchise model is more focused on cross-platform marketing and merchandising goals than art.

Moderator: Kate O'Rourke
Speakers: Megan Bannigan, Mabel Klimt, Jordan Kim

“AI & IP: an arranged marriage? Decoding a relationship not so intellectual” - takes you to the heart of this managerial revolution.

We will explore the tangible benefits of AI, from automating tedious tasks to improving strategic decision-making, while examining potential risks, such as data confidentiality and ethical issues. 

Whether you are an established IP professional or looking to understand how AI can influence the future of your practice, this session will give you a comprehensive and informed overview, with a particular focus on the benefits and challenges for leaders.

Join us for a session of reflection and discussion on the future of IP consultancy management, where AI is at the heart of the transformation, and decipher the AI challenge.

Moderator: Louis-Pierre Gravelle
Speakers: Sonia Montserrat, Vikrant Rana, Luna Zhang

THIS SESSION IS POWERED BY KANGXIN PARTNERS

Riding the waves of progress: How patent law firms can support their Clients' innovation growth

In this session, we will engage in a lively exploration of strategies and key insights for how IP law firms can foster a culture of innovation within their clients’ organisations to support sustainable business growth.

Our discussion will focus on key touch points at different stages of the innovation lifecycle where IP professionals can play a critical role in providing tailored, yet independent and compliant advice.

We will also discuss the differences between large and small clients. In addition, we will explore a range of tools available to enhance service delivery to meet and exceed client expectations. 

Questions and comments from the audience are welcome during this discussion. 

Moderator: Britta Fromow
Speakers: Martin Bader, Arthur Lallement

THIS SESSION IS POWERED BY BSKB