Event Overview

IP/TMT Seminar // 11th Antitrust Annual Conference

What comes to your mind when you think of a picturesque coastline, the Alcazaba castle towering over the city, beautifully designed botanical gardens, excellent food and hometown of Picasso? Yes, the bustling city and capital of the Costa del Sol, Málaga! Besides all these characteristics, Málaga Valley is also considered a fast growing economic, tech and financial hotspot with over 600 innovative companies in the Andalusia Technology Park – the Silicon Valley of Europe. This is why Málaga is the perfect place to discuss new technologies and their regulation from an IP and TMT as well as from a competition law perspective.

The Intellectual Property, Technology, Media, and Telecommunications (IP/TMT) Commission and the Antitrust Commission would like to welcome you to their respective Annual Conference which will feature a thrilling academic and an awesome social programme.

Regulators worldwide have been very busy lately with the revision and adaptation of old rules and the introduction of new rules to face the challenges raised by new technologies and developments in the digital world. But are these renewed regulations really future proof? The academic programme, which will feature two tracks, not only addresses this question from an IP/TMT and from a competition law perspective but will also tackle the intersection of the two subjects and explore whether there can ever be a balance between competition and IP law both in the digital and the traditional world. While the competition track focuses on vertical and horizontal challenges for on-site and online business, aspects of consumer welfare in the e-commerce and impact of DMA on European market as well as approaches to tackle unilateral conduct of dominant undertakings in specific sectors, the IP/TMT track explores if copyright, trademark, design, and patent law are equipped to meet the demands of the modern world. Does copyright law offer suitable protection for source codes? Is the "one size fits it all" design of patent law still feasible in complex product industries? What mechanisms are in place to protect and enforce intellectual property rights in digital environments?

Since these future challenges may also be sector specific, it will be explored whether traditional laws appropriately regulate a sector or whether a specific regulation would be more suitable to address new trends, in the healthcare sector, the cosmetic industry, the world of sports and e-sports, gamification, the metaverse, AI (ChatGPT), infrastructure sectors or the like.

Besides the academic programme, the Organising Committee is setting the stage for a striking social programme: enjoy with us countless excellent and miraculous tapas and discover the charms of Málaga, which is home to a beautiful historic center dating back to the 8th century BC, colorful alleys as well as a vibrant theater and arts community influenced by the famous actor Antonio Banderas, or join us for a relaxed glass of vino de Málaga. And for those who are still full of energy at night, the famous club life will keep you going until sunrise.

See you in Málaga!

AIJA Commissions involved
  • Antitrust
  • Intellectual Property, Technology, Media, and Telecommunications

Programme

IP/TMT track

18:00

Further details will soon be shared

08:00

09:00 - 09:30

09:30 - 10:00

10:00 - 11:00

How will the interplay between Antitrust and IP law evolve? How do the recently updated block exemption regulation approach IP and antitrust law? What about vertical restraints caused by IP rights? Where is the upcoming EU regulation on standard essential patents heading to? And how are these challenges handled in practice?
11:00 - 11:30

11:30 - 13:00

EU Designs Directive and Regulation - just an update or a new perspective on design protection?
Does the system meet the needs of protection of new forms of design, and does it overcome the previous constraints?
What are the new trends in design protection and enforcement? Are companies rethinking their IP strategies?
13:00 - 14:00

14:00 - 15:00

What are the main challenges of building a brand for major sports events (Leagues, Clubs and Athletes)?
Are there any unfair/forbidden trademarks? How to overcome ambush marketing in different jurisdictions? What are the social media do’s and don'ts?
15:00 - 16:00

How can the emerging and ubiquitous threat of cyberattacks and cyber incidents be handled in practice and cross border? Where do we stand with cybersecurity regulation in different countries? What legal requirements exist regarding notifications to competent authorities in domestic and EU regulation? Are there any tools that help understanding and dealing with cyber risks?
16:00 - 16:30

16:30 - 17:30

Does competition law give IP/data protection law new superpowers?
The German Bundeskartellamt found that Facebook abused its dominant position through a breach of the data protection regulation. The CJEU confirmed the decision (C-252/21). At the same time, competition commission all over Europe examine the use of patents and the patent system closely with pharmaceutical undertakings. Could the Facebook decision set new trends and do dominant undertakings have to fear being fined whenever they violate a law. Could patent infringement eventually amount to an abuse of a dominant position? And: Should antitrust law be applied this broadly? What role might the new "Art. 102 package" play?
17:30 - 18:00

20:00

Further details will soon be shared

08:00

09:00 - 10:30

Is it still reasonable to protect works for 70 years after the death of the artist? Will AI be more talented than the current talents? How will individuality be assessed in the future? Is copyright law ready to face the challenges of digital economy?
10:30 - 11:00

11:00 - 12:30

12:30 - 12:45

12:45 - 14:00

16:00

Further details will soon be shared
Antitrust Track

18:00

Further details will soon be shared

08:00

09:00 - 09:30

09:30 - 10:00

10:00 - 11:00

How will the interplay between Antitrust and IP law evolve? How do the recently updated block exemption regulation approach IP and antitrust law? What about vertical restraints caused by IP rights? Where is the upcoming EU regulation on standard essential patents heading to? And how are these challenges handled in practice?
11:00 - 11:30

11:30 - 13:00

What are the key topics in the future of merger control? Will vertical mergers be the new big thing? Remain ex post control of Towercast and Art. 22 referrals a one hit wonder?
13:00 - 14:00

14:00 - 15:00

Will generative AI lead to a better detection of cartels for authorities and customers? Or will generative AI help hiding cartels better than ever? Do we need to regulate generative AI from a competition law perspective or does our current regime suffice?
15:00 - 16:00

Is there an overregulation in the EU? How do the US and Asia tackle big tech? What are the first experiences of the DMA & DSA and what's left for classic competition law?
16:00 - 16:30

16:30 - 17:30

Does competition law give IP/data protection law new superpowers?
The German Bundeskartellamt found that Facebook abused its dominant position through a breach of the data protection regulation. The CJEU confirmed the decision (C-252/21). At the same time, competition commission all over Europe examine the use of patents and the patent system closely with pharmaceutical undertakings. Could the Facebook decision set new trends and do dominant undertakings have to fear being fined whenever they violate a law. Could patent infringement eventually amount to an abuse of a dominant position? And: Should antitrust law be applied this broadly? What role might the new "Art. 102 package" play?
17:30 - 18:00

20:00

Further details will soon be shared

08:00

09:00 - 10:30

Will economic analysis play a less important role in competition law in the future? Do we see a decline of the more "more economic approaches" in antitrust law? Are courts getting tired of economic evidence battles in follow-on litigation and will rather go for estimations by themselves? What does the new market definition notice tell us (draft of 8 November 2022)?
10:30 - 11:00

11:00 - 12:30

12:30 - 12:45

12:45 - 14:00

16:00

Further details will soon be shared

Fees & General Info

There are currently no registration fees available.

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Organising Committee

Marta CENTELL Vidal-Quadras & Ramon (SPAIN)
Aleksandra DZIURKOWSKA WKB Lawyers (POLAND)
Lorenz JARASS Noerr Partnerschaftsgesellschaft mbB (GERMANY)
Yolanda MARTíNEZ MATA Marimon Abogados, SLP (SPAIN)
Marco S. MEIER THOUVENIN Attorneys at Law (SWITZERLAND)
Angelika MURER Homburger AG (SWITZERLAND)

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