IP/TMT Commission Day

Online

03 November 2020  /  13:00 - 20:00

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While waiting to be able to see each other in person again, we invite you to join the IP/TMT Commission Day to be held on 3 November 2020 from 13:00 to 20:00 CET.

During this day, there will be something for everyone and for all tastes. We have indeed put together no less than 4 panels during which we will discuss the following topics:

  • Data protection: what are the implications of the ECJ’s “Schrems II” decision for companies?
  • Sensitive health data: can we afford to “close the eyes” towards data protection law in light of extreme situations? This panel is co-organised with the Healthcare Commission
  • Protection of product shape: which way to go?
  • Navigating IP rights through the pitfalls of insolvency. This panel is co-organised with the Insolvency Commission

To vary the pleasures, we have opted for different panel formats, alternating informal interviews, webinars and meetings, allowing you to interact directly via your camera and microphone or via a chat. In all cases, we will ensure maximum interaction to make sure that everyone can get the most out of this virtual day.

The 4 above-mentioned panels will be followed by a Commission Meeting, during which we will interactively discuss the current and future projects of the IP/TMT Commission and give you the floor to tell us your wishes, ideas, projects, etc. for the future of the Commission and/or AIJA.

Finally, we will close the day with a moment of conviviality during a speed networking session organised in collaboration with the T.R.A.D.E., Antitrust, Insolvency and Healthcare Commissions. To facilitate exchanges and conversations, do not hesitate to bring your favorite drinks!

Join us in great numbers for this IP/TMT Commission Day, which promises to be rich not only in scientific content, but also and above all in exchanges and meetings. We look forward to seeing you on 3 November 2020!

More information on the schedule of the IP/TMT Commission Day under the Programme section of this page.

Please fill in this form if you want to attend any part of our social programme.

Organising Committee

  • Inga George, boesling IP Rechtsanwälte PartG mbB
  • Luana Muniz de Barros, Montaury Pimenta, Machado & Vieira de Mello Advogados
  • Sophie Lens, ALTIUS

All academic sessions are recorded and shared in the Resource Centre the week after the events.

 


This event takes place during:

AIJA Commissions Month

20 October - 20 November 2020

  Read more


AIJA Commissions

  • Intellectual Property, Technology, Media, and Telecommunications

Event fees

+ VAT if applicable

AIJA Member < 35150,00  €
AIJA Member >= 35200,00  €
Non AIJA Member < 35225,00  €
Non AIJA Member >= 35250,00  €
Speaker100,00  €
In-House Counsel125,00  €

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Programme - IP/TMT Commission Day

Tuesday 03 November 2020

13:00 » 13:10
Welcome Address by the AIJA President and the Organising Committee
13:10 » 13:45
Secure international data transfer? ECJ overturns EU-US Privacy Shield
This session hosted by the IP/TMT Commission will discuss and share some insights on the international data transfer after the Schrems II decision. On 16 July 2020, the ECJ declared the "EU-US-Privacy Shield" to be invalid. This means that transfers of personal data to the USA can no longer be based on the Privacy Shield, but may be based on EU standard contractual clauses, provided that an adequate level of data protection can be guaranteed by complementary measures. The economic and political impact of the decision is high and creates uncertainty in the market.

 In this session two privacy lawyers will discuss:
  • What consequences does the ECJ ruling have for companies?
  • What can companies do to remain GDPR compliant?
  • What are the reactions of the data protection authorities in the EU?

Interviewer: Johannes Struck, Brödermann Jahn, Germany 
Interviewee : Rim Ben Ammar, Proximus, Belgium 
14:00 » 15:00
Sensitive health data: can we afford to “close the eyes” towards data protection law in light of extreme situations?
This is a joint session hosted by the IP/TMT and Healthcare commissions to discuss if data protection laws can be overlooked in specific healthcare crisis, such as the COVID-19 pandemic.

Speakers will focus their debate on the use of technology to share sensitive health data, even without individual consent. Representatives from both commissions will give their perspectives on the following:

  • Should we share sensitive health data in benefit of the “greater good”?
  • If so, is there a limit to what content can be shared?
  • Who can determine what an extreme situation is?
  • How to balance the right of privacy and the risk of a healthcare crisis?

Moderator: Silvia van Schaik, Bureau Brandeis, The Netherlands 

Speakers:
  • Diego Fernandez, Marval O’Farrel Mairal, Argentina 
  • Siri Martenssen, Morris Law, Sweden 
  • Julija Kalpokienė, JurisConsultus, Lithuania 
15:15 » 16:00
Protection of product shape: which way to go?
The protection of product shapes is a challenge for IP practitioners, in particular where the product also fulfils a technical function. In theory, product shapes can be monopolized under trademark, design and/or copyright law. However, as these regimes serve different objectives, they also follow different rules. Now for the first time, the ECJ dealt with product shapes from the perspective of copyright law in its decisions “Cofemel” and “Brompton”. 

In this session, the speakers will therefore discuss:

  • Pros and cons of trademark, design and copyright protection
  • Where do the protection regimes differ? 
  • What are the essence and practical impacts of “Cofemel” and “Brompton”?

Moderator: Chloe Taylor, Carpmaels & Ransford, United Kingdom 

Speakers
  • Julia Hugendubel, CMS Hasche Sigle, Germany 
  • Cyrill Rieder, Fuhrer Marbach, Switzerland 
  • Rutger Stoop, Brinkhof, The Netherlands
16:15 » 17:15
Navigating IP rights through the pitfalls of insolvency
This joint session hosted by the IP/TMT and Insolvency commissions will discuss the role and the challenges in the treatment of IP rights when a business collapses. Insolvency can have immediate implications for IP licenses and contracts, creating a need for both legal and practical safeguards. Also, IP rights can be valuable assets and turned into account to satisfy creditors or to provide new funds for a struggling business.

We will hear the different perspectives from the point of view of the IPR holder, the insolvency practitioner and the creditors of a collapsed company, discussing questions such as: 

  • Challenges in dealing with IP licenses on insolvency
  • How to commercialize IP rights of an insolvent business? 
  • Securing the access to IP rights in case of insolvency – practical tips for avoiding danger
Moderator: Elaina Bailes, Stewarts, United Kingdom 

Speakers
  • Kathryn Charles, Carpmaels & Ransford, United Kingdom
  • Anne-Sophie Leroi, Benoliel Avocats, France 
  • Antonio Berkemeyer, BKM Berkemeyer, Paraguay 
  • Kari Pendred, Grant Thornton, United Kingdom
17:45 » 18:45
Commission Meeting
19:00 » 20:00
Speed networking

Register here: https://bit.ly/34wpAFb 

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