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 - Mewburn Ellis (UK)
Kate O'Rourke handles all aspects of trade mark work, including searching, filing, prosecution, opposition, invalidity and cancellation proceedings, and advice on enforcement of trade marks. Kate also provides strategic advice on selection, adoption, protection and enforcement of brands internationally.
She is a Past President of the Chartered Institute of Trade Mark Attorneys, where she continues to be an active Executive Committee member. She also leads the CITMA taskforce on the need for reform of rights of representation at the UKIPO. Kate is also a member of the Leadership Committee of INTA and helped establish the UK IP pro bono service.
Megan K. Bannigan - Debevoise & Plimpton (US)
Megan K. Bannigan is a partner in the Litigation and Intellectual Property & Media Groups, focusing on trademarks, trade dress, copyrights, false advertising, design patents, rights of publicity, licensing and other disputes. She represents clients across a range of industries, including beauty consumer products, cosmetics, entertainment, fashion and luxury goods, financial services, food and beverage, pharmaceuticals, professional sports and technology.
Jordan Kim - Y.P. Kim, Mock & Partners (KR)
Before being licensed as Korea patent/trade mark attorney, Jordan Kim had been working for one of the largest general trading companies in Korea in charge of foreign investment project for almost 9 years. His career in the company became the foundation for his in-depth understanding of business.
After becoming a licensed patent/trade mark attorney, Jordan has been engaged in the leadership of several IP-related organisations, including the Korea Patent Attorneys Association (VP, IP Valuation Committee Chair), Asia Patent Attorneys Association (President of Korean Group, Councillor, Design Committee Co-Chair, Anti-Counterfeiting Committee Co-Chair, Special Project Committee Chair), Licensing Executive Society (Asia Pacific Comm. Co-Chair, Korea Group VP).
He was also a guest professor of Hankuk Univ. of Foreign Studies for many years.
Mabel Klimt Yusti - Elzaburu (ES)
Mabel Klimt is the Managing Partner of the firm ELZABURU and Head of the Media & Entertainment Department.
Mabel has extensive experience advising media productions, including film, television, advertisement animation industry and live shows. She has worked with numerous domestic and multinational companies, providing legal support both in intellectual property and financing structures (including tax incentives, public aids, procurement of grants and management of sponsors) as head of a multidisciplinary team.
She can contribute throughout every step of the production process, from the negotiation of option rights negotiation to distribution, through management of licensing and merchandising legal aspects. Mabel also advises on a day to day basis companies and professionals with a vast variety of activities: written press, publishers, photography, design, fashion, music and social media. Image rights and publicity rights management is one of her strengths.