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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

15:00 - 17:00

Paddle surfing, also known as stand-up paddleboarding (SUP), is a water sport where participants stand on a large board and use a paddle to propel themselves through the water. It originated in Hawaii and has gained popularity worldwide as a recreational activity and a competitive sport.

address: Paseo de la Farola (Playa la Malagueta), Málaga
19:00 - 21:15

Address: C/ Alcazabilla, 12, 5°, Distrito Centro, 29015 Málaga, Spain

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?

Moderator: Kirsten Wesiak-Schmidt, Homburger AG, Switzerland

Speaker:
  • Amalia Athanasiadou, CSL Vifor, Switzerland
  • Chloe Taylor, Carpmaels & Ransford, UK
11:00 - 11:30

11:30 - 12:30

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?

Moderator: Cristina Hernandez-Marti, Hernandez-Marti Abogados, Spain

Speakers:
  • Giulia Beneduci, De Berti Jacchia Franchini Forlani, Italy
  • Faye McConnell, Browne Jacobson, UK
  • Anna-Carina Salger, HARTE-BAVENDAMM Rechtsanwälte, Germany
  • Matthew Homyk, Blank Rome LLP, USA
12:30 - 13:00

13:00 - 14:30

14:30 - 15:30

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?

Moderator: Marta Centell, Vidal-Quadras y Ramon, Spain

Speakers:
  • Matt Phillip, Shepherd & Wedderburn, UK
  • Rosie Burbidge, Gunnercooke, UK
  • Gilles Roulin, Homburger AG, Switzerland 
  • Eugenio Arochi de la Torre, Arochi & Lindner, Mexico
15:30 - 16:30

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?

Moderator: Marco Meier, Binder Rechtsanwälte KLG, Switzerland

Speakers:
  • Birgit Münchbach, ADVANT Beiten, Germany
  • Ivan Genchev, YNG Legal, Bulgaria
  • Otto Lindholm, Dottir, Finland
  • Rosario Cartagena, Osler LLP, Canada
16:30 - 17:00

17:00 - 18:00

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?

Moderator: Yolanda Martinez, Marimon Abogados, Spain

Speakers:
  • Stephanie Richter, Taylor Wessing, Belgium
  • Radek Matusek, Skils, Czech Republic
  • Max Schulz, Glade Michel Wirtz, Germany
  • Kristina Rudec, BMWC, Croatia
18:00 - 18:30

20:00

Address: P.º de la Farola, 25, Distrito Centro, 29016 Málaga, Spain

08:00

10:00 - 11:00

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?

Moderator: Thierry Burnens, Chabrier Avocats, Switzerland

Speakers:
  • Paula Alvarez, Cuatrecasas, Spain
  • Luca Guidobaldi, ADVANT Nctm, Italy
11:00 - 11:30

11:30 - 13:30


Fiorella Erni – Negotiation Trainer


Born in Switzerland, Fiorella obtained a Bachelor of Arts degree in Social Anthropology and Arabic Literature from the University of Zurich, a Master of Arts in Development Studies from the Graduate Institute in Geneva, and a Master's in Business Administration from the hotel management school in Lausanne.

She served for the International Committee of the Red Cross in war zones across the Middle East (Gaza, Lebanon, Syria) and Africa (South Sudan and the Democratic Republic of Congo) for several years, navigating military escalations and negotiating deals with armed actors to deliver aid and provide protection amidst chaos in the Middle East and Africa. Subsequently, she worked as a crisis management consultant in the private sector in Zurich; her main clients were travel agents, IT, and insurance companies.

For the past four years, Fiorella has honed her specialisation in crisis negotiation, assuming the role of Head of Operations at the Centre of Competence on Humanitarian Negotiation (CCHN). In this capacity, she carried out research on negotiation practices and provided comprehensive training and advice to NGO and UN personnel deployed in conflict zones, equipping them with the necessary skills to negotiate effectively with armed actors and civilian authorities under extreme pressure.

To date, Fiorella provides negotiation training and advisory services for corporate teams and individuals. She is also part of external negotiation teams representing clients in legal disputes, kidnappings, and fraud cases. Finally, she founded her own vegan high heel company and is getting ready for product launch in summer 2024.
13:30 - 13:45

13:45 - 15:00

17:30

Address: C. Conde de las Navas, 12, Málaga-Este, 29017 Málaga, Spain
Antitrust Track

15:00 - 17:00

Paddle surfing, also known as stand-up paddleboarding (SUP), is a water sport where participants stand on a large board and use a paddle to propel themselves through the water. It originated in Hawaii and has gained popularity worldwide as a recreational activity and a competitive sport.

address: Paseo de la Farola (Playa la Malagueta), Málaga
19:00 - 21:15

Address: C/ Alcazabilla, 12, 5°, Distrito Centro, 29015 Málaga, Spain

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?

Moderator: Kirsten Wesiak-Schmidt, Homburger AG, Switzerland

Speaker:
  • Amalia Athanasiadou, CSL Vifor, Switzerland
  • Chloe Taylor, Carpmaels & Ransford, UK
11:00 - 11:30

11:30 - 12:30

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?

Moderator: Maïja Brossard, UGGC Avocats, France

Speakers:
  • Kiti Karvinen, Castrén & Snellman Attorneys, Finland 
  • Metehan Uzunçakmak, Görg, Germany
  • Zeno Frediani, Arnold & Porter, UK
  • Siniša Čolević, Stanivukovic, Serbia
12:30 - 13:00

13:00 - 14:30

14:30 - 15:30

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?

Moderator: Aleksandra Dziurkowska, WKB, Poland

Speakers:
  • Alexandre Picon Franco, Cuatrecasas, Spain
  • Philipp Trube, Blomstein, Germany
  • Ben Rusch, Consilio, UK
  • Pierre Galmiche, Aramis, France
15:30 - 16:30

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?

Moderator: Lorenz Jarass, Noerr, Germany

Speakers:
  • Michel Alexander, Evelyn Partners, UK
  • Borja Chastang, MLAB Abogados, Spain
  • Elizabeth Suarez, Fenwick, USA
  • Masaki Kakimoto, Mori Hamada & Matsumoto, Japan
16:30 - 17:00

17:00 - 18:00

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?

Moderator: Yolanda Martinez, Marimon Abogados, Spain

Speakers:
  • Stephanie Richter, Taylor Wessing, Belgium
  • Radek Matusek, Skils, Czech Republic
  • Max Schulz, Glade Michel Wirtz, Germany
  • Kristina Rudec, BMWC, Croatia
18:00 - 18:30

20:00

Address: P.º de la Farola, 25, Distrito Centro, 29016 Málaga, Spain

08:00

10:00 - 11:00

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 February 2024)?

Moderator: Fabio Babey, IXAR, Switzerland

Speakers:
  • Fabian Koch, CORE, Switzerland
  • Jochen Bernard, Menold Bezler, Germany
  • Ludovica Pizzetti, Arnold & Porter, UK
  • Nick Gaglio, Axinn, USA
11:00 - 11:30

11:30 - 13:30


Fiorella Erni – Negotiation Trainer


Born in Switzerland, Fiorella obtained a Bachelor of Arts degree in Social Anthropology and Arabic Literature from the University of Zurich, a Master of Arts in Development Studies from the Graduate Institute in Geneva, and a Master's in Business Administration from the hotel management school in Lausanne.

She served for the International Committee of the Red Cross in war zones across the Middle East (Gaza, Lebanon, Syria) and Africa (South Sudan and the Democratic Republic of Congo) for several years, navigating military escalations and negotiating deals with armed actors to deliver aid and provide protection amidst chaos in the Middle East and Africa. Subsequently, she worked as a crisis management consultant in the private sector in Zurich; her main clients were travel agents, IT, and insurance companies.

For the past four years, Fiorella has honed her specialisation in crisis negotiation, assuming the role of Head of Operations at the Centre of Competence on Humanitarian Negotiation (CCHN). In this capacity, she carried out research on negotiation practices and provided comprehensive training and advice to NGO and UN personnel deployed in conflict zones, equipping them with the necessary skills to negotiate effectively with armed actors and civilian authorities under extreme pressure.

To date, Fiorella provides negotiation training and advisory services for corporate teams and individuals. She is also part of external negotiation teams representing clients in legal disputes, kidnappings, and fraud cases. Finally, she founded her own vegan high heel company and is getting ready for product launch in summer 2024.
13:30 - 13:45

13:45 - 15:00

17:30

Address: C. Conde de las Navas, 12, Málaga-Este, 29017 Málaga, Spain

Fees & General Info

AIJA Members
AIJA Member < 35 - On or before May 29
AIJA Member < 35 - On or before October 10
AIJA Member < 35 - After October 10
AIJA Member >= 35 - On or before May 29
AIJA Member >= 35 - On or before October 10
AIJA Member >= 35 - After October 10
Non AIJA Members
Non AIJA Member < 35 - On or before May 29
Non AIJA Member < 35 - On or before October 10
Non AIJA Member < 35 - After October 10
Non AIJA Member >= 35 - On or before May 29
Non AIJA Member >= 35 - On or before October 10
Non AIJA Member >= 35 - After October 10
For all
Speaker - On or before May 29
Speaker - On or before October 10
Speaker - After October 10
Local lawyers - On or before May 29
Local lawyers - On or before October 10
Local lawyers - After October 10
In-House Counsel - On or before May 29
In-House Counsel - On or before October 10
In-House Counsel - After October 10

General terms and conditions

By registering you have to accept the general terms and conditions and accept that your registration is considered binding immediately, but participation to the event is possible only after full payment of the registration fee.

Please note that any arrangements related to the participation of the participant in an AIJA event, including but not limited to booking or cancellation of accommodation or flights, as well as respecting the cancellation deadlines indicated in the general terms and conditions, are the sole responsibility of the participant. AIJA shall not be held liable for any expenses the participant may suffer as the result of participant’s failure to comply with his/her obligations.

It is recommended for each participant to purchase a cancellation and travel insurance.

Please note that in-house counsel registrations are subject to review and confirmation by AIJA. AIJA considers in-house counsel professionals who hold a university degree in law allowing access to a bar association and practicing law as an in-house counsel in private, public, or non-profit companies, institutions or organisations. Please note that in-house counsel who are at the same time active as fee-earning lawyers or consultants are not eligible to the discounted in-house counsel fee.

Please read the general terms and conditions applicable for AIJA events.


Scholarships

If you are a lawyer under 35 years old and meet the requirements, apply to our Scholarship Programme for this event. You can check more details here.

Prepare your stay

We are pleased to announce that the sessions of the upcoming seminar will be held at the NH Málaga.

Address: C. San Jacinto, 2, Distrito Centro, 29007 Málaga, Spain

We have negotiated special rates with the NH Málaga for the participants of the seminar. Participants can book directly using the following link.
If you wish to extend your stay or arrive earlier, please make your booking through nhmalaga@nh-hotels.com.

Booking deadline: 24 September 2024 (after this date, availability may not be guaranteed for all nights and at the preferential rate).

Room rate per night: Standard single room including breakfast and VAT 275€. 


Nearby Hotels

AIJA has partnered with HotelMap, an online accommodation platform that offers a variety of budget-friendly options. By clicking on the button below, you will be able to choose from a wide range of alternative hotels near the event venue. With just a few clicks, you can easily book your accommodation directly on the platform.

Nearby Hotels

Practical Information

Organising Committee

Marta CENTELL Vidal-Quadras & Ramon (SPAIN)
Aleksandra DZIURKOWSKA WKB Wierciński, Kwieciński, Baehr sp. k. (POLAND)
Lorenz JARASS Noerr Partnerschaftsgesellschaft mbB (GERMANY)
Yolanda MARTíNEZ MATA Marimon Abogados, SLP (SPAIN)
Marco S. MEIER Binder Rechtsanwälte KLG (SWITZERLAND)
Angelika MURER Homburger AG (SWITZERLAND)

Sponsors


Become a sponsor

Partnership with AIJA as a sponsor provides the best networking opportunities in a relaxed business environment.
If you have any questions, contact us on ‘Become a sponsor’ and check for more opportunities.

Personal Protection

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Your data will be managed by AIJA's General Services, Events and Accounts Section:

  • For the purpose of administering your registration for the event and your on-site access to the event;
  • In order to pay for the selected services - your bank details will be deleted after receipt of your payment;
  • In order to communicate information messages from AIJA.

To the extent necessary for the execution of their respective tasks, our subcontractors in charge of our seminar organisation, our IT infrastructure, our management, the production and maintenance of our website and extranet, are likely to gain access to your data from time to time. Their servers are located in the European Union.

Data relating to your participation in the event shall be stored for a period of 10 years. We are obliged to archive billing data until the end of the period required for our tax and accounting obligations, i.e. for 7 full tax years.

We shall store your contact information to keep you informed until you ask us to stop. You have the right to access your data and have it corrected if necessary.