Double seminar: 7th AIJA Annual Competition Conference: R&D and Innovation - Protection through or despite Antitrust Law? // IP/TMT seminar: Internet of Things

Frankfurt am Main, Germany

21 June 2018 - 23 June 2018

7th AIJA Annual Competition Conference: R&D and Innovation - Protection through or despite Antitrust Law?


Thursday 21 June 2018

18:00 Registration at the Fleming's Selection Hotel Frankfurt-City
18:00 » 20:00 Welcome cocktail at the Ambassador Club (Fleming's Selection Hotel Frankfurt-City)
20:30 Optional dinner at the Café Hauptwache

Address: An der Hauptwache 15, D - 60313 Frankfurt am Main

Not included in the registration fees, payable locally

Friday 22 June 2018

08:00 » 09:00 Registration at the Fleming's Selection Hotel Frankfurt-City
09:00 » 09:15 Introduction to the seminar by the Organising Committee
09:15 » 09:30 Welcome address by the AIJA President
Wiebe de Vries, AIJA President, BloomTax B.V., the Netherlands
09:30 » 10:30 Antitrust Enforcement in Innovation Markets – Too much or too little?

Google, Netflix, Airbnb, Uber – in recent years, the global economy has faced an unprecedented level of disruptive innovation, often driven by technology and involving enterprises with new business models. However, contrary to popular beliefs, disruptive innovation is not a new phenomenon and not limited to internet platforms. Only think of IKEA or Microsoft. How does competition law deal with disruptive innovation? Do competition authorities have the analytical framework and tools to get enforcement right?

Moderator:
Evelyn Niitväli, RCAA, Germany
Speakers:
Karen Ruback, Grinberg Cordovil, Brasil
Sebastian Janka, Noerr, Germany
Riccardo Falconi, Uber, France
10:30 » 11:00 Coffee break
11:00 » 12:30 Competition law and consumer protection – brothers in arms?

The consumer is no unknown creature in the realm of competition law. Ultimately, competition law and consumer protection aim for the same thing: consumer welfare. Enforcement of consumer interests within the framework of competition law is already immanent in certain abuse of dominant cases. But is any violation of consumer protection laws by a dominant company, e.g. by excessive terms of service, inevitably to be equated with an abuse of dominance? The panel will focus on this and further interesting issues in the intersection between competition law and consumer protection.

Moderators:
Christoph Weinert, Commeo LLP, Germany
Jens Steger, Simmons & Simmons, Germany
Speakers:
Stephan Schweikardt, Bundeskartellamt, Germany
Yolanda Martínez Mata, Rating Legis, Spain
Manish Bahl, Fieldfisher, Netherlands
Zoltán Marosi, Oppenheim, Hungary
12:30 » 13:30 Lunch
13:30 » 15:00 Research & Development Agreement at its best

The structuring of agreements on research and development remains a challenging task. Territory or customer restrictions, exclusivity agreements and agreements on exploitations are typical clauses which require a careful analysis. The aim of this session is on the one hand to discuss and explain the pitfalls of research and developments agreements. On the other hand we will take a closer look at the challenges of in-house-lawyers handling such global agreements.

Moderator:
Isabel Oest, Commeo LLP, Germany
Speakers:
Sophie Lawrance, Bristows LLP, UK
Sebastian Hack, Osborne Clarke, Germany
Gereon Backmann, CSL Behring, Germany
15:00 » 15:30 Coffee break
15:30 » 17:00

Combination of innovation - recent trends in merger control

The possible reduction of “innovation competition” between competitors has also become a focus in merger control decisions. The strategy of companies may be to “shop for” new ideas by acquiring companies with particularly successful innovations or promising pipeline projects (e.g. in the biotech, chemicals and media industries). In other highly innovative markets, there may be less competitive concerns and reduced barriers to entry the market due to the competitive pressure of young innovative companies. This panel looks at legal developments and recent case law as well as the underlying economics to analyse the approaches of relevant competition authorities when assessing mergers.

Moderator:
Beatrice Stange, Heuking Kühn Lüer Wojtek, Germany
Speakers:
Sebastian Beller, Panasonic Europe Ltd. , Germany
Judith Feldner, Eisenberger & Herzog, Austria
Paul Fort, Bayer, Germany
Mario Strebel, Meyerlustenberger Lachenal, Switzerland

20:00 » 23:00 Dinner at the Apfelweinwirtschaft Adolf Wagner restaurant

Address: Schweizer Strasse 71, D - 60594 Frankfurt am Main

Departure from hotel lobby:
19:15 on foot
19:40 by public transport
23:00 Optional clubbing
Not included in the registration fees, payable locally

Saturday 23 June 2018

09:30 » 11:00 FRAND wars (Joint session)

Standard agreements, having a positive impact on the economy by contributing to innovation and the development of better products, can, however, also have anti-competitive effects. With its landmark decision in Huawei vs. ZTE, the European Court of Justice (ECJ) has outlined a new general framework for FRAND licensing of standard-essential patents (SEPs). As a wide range of questions remain unanswered, such as the question of market dominance of the patent holder, courts are still being kept busy with FRAND litigation. This panel will discuss how antitrust rules apply.

Moderator:
Stephan Dittl, Friedrich Graf von Westphalen & Partner Rechtsanwälte, Germany
Speakers:
Claudia Zeri, BarentsKrans, the Netherlands
David Henry, McDermott Will & Emery, Belgium
Fabio Babey, Agon Partners, Switzerland
11:00 » 11:30 Coffee break
11:30 » 13:00 Fintech and Competition Law – or: A Cartelists Dream?

Financial Technology (Fintech) is a new and innovative technology that aims to compete with traditional methods in the delivery of financial services. It is shorthand for new digital technologies used in the financial sector to facilitate day-to-day management, lending, online payments and money transfers; Blockchain acts as a shared digital ledger, secured by cryptography. There is a lack of certainty about how competition law applies to these types of digital technologies. Competition Authorities around the world are (re)thinking the competition law approach towards this new technology. Our Session within one of the centers of the Financial Industry in Europe will shed light on the dark whether the existing competition rulebooks are sufficiently flexible to address potential concerns about collaboration in the Fintech space or through the use of blockchain.

Moderator:
Jens Steger, Simmons & Simmons, Germany
Speakers:
Marc Roberts, General Counsel, Raisin, Germany
Peter Broadhurst
, Simmons & Simmons, UK
Koichiro Hanamoto, TMI Associates, Japan
Luciana Martorano, Martorano Law, Brazil
13:00 » 14:00 Lunch
15:00 » 19:00 Optional afternoon social program – city tour through “Mainhattan"

Departure from hotel lobby: 15:00

Not included in the registration fees, payable locally
19:00 Optional dinner at the City Beach Frankfurt with option to watch the Football World Cup match (Germany vs. Sweden)

Address: Parkhaus Konstabler, Carl-Theodor-Reiffenstein Platz 5, D - 60313 Frankfurt am Main

Not included in the registration fees, payable locally

IP/TMT seminar: Internet of Things


Thursday 21 June 2018

18:00 Registration at the Fleming's Selection Hotel Frankfurt-City
18:00 » 20:00 Welcome cocktail at the Ambassador Club (Fleming's Selection Hotel Frankfurt-City)
20:30 Optional dinner at the Café Hauptwache

Address: An der Hauptwache 15, D - 60313 Frankfurt am Main

Not included in the registration fees, payable locally

Friday 22 June 2018

08:00 » 09:00 Registration at the Fleming's Selection Hotel Frankfurt-City
09:00 » 09:15 Welcome address by the AIJA President
Wiebe de Vries, AIJA President, BloomTax B.V., the Netherlands
09:15 » 09:30 Introduction to the seminar by the Organising Committee and the IP/TMT Commission
09:30 » 10:30 Interoperability Standards - Open platforms/collaboration

What is open platforms/collaboration? How does it work in practice? How do we get the machines to “talk” to each other? Do we need to develop new standards to meet the needs of this new area?

Moderator:
Adi Seffer, Prime Partners, Germany
Speaker:
Karolina Miksa, WKB, Poland
10:30 » 11:00 Coffee break
11:00 » 12:30 Impact of new technologies in IP

With a blockchain patent database being advertised what role does blockchain have in managing the “trust economy”? How will IP rights, specifically trade marks, have to change or be impacted by the growth of smart devices? For example, can a smart device be “confused” between two similar trade marks for identical or similar goods? Does the smart device care about counterfeits?

Moderator:
Robert Griffiths, Kemp Little, UK
Speakers:
Dr. Donata Störmer, IRLE MOSER, Germany
Thomas Nägele, NÄGELE Attorneys at Law, Liechtenstein
Lara Elder, Carpmaels & Ransford, UK
12:30 » 13:30 Lunch
13:30 » 15:00 Data Security Part 1: Taking it personally

The first of two sessions on data security looks at the impact of the GDPR one month after it enetered into force. How does it work with IoT? What privacy do we have when Alexa, Google, or Siri are always listening? What about at work? What is being collected – and why?

GDPR - one month on: An overview of the key data protection issues in IoT
  • Personal data in children’s toys
  • Video/voice collection, “always listening” devices
  • Over-collection of data
  • Poor anonymization
Data Security Part 2: The machines are taking over, the terrorists are listening

In the second one of our two sessions on data security we will be looking outward, to our devices. Could ransomware prevent you from boiling a kettle (and bring the UK if not the rest of the world to a stand-still!)? Is security taken seriously enough? The deadline for implementing the EU’s directive on Network and Information Systems (NIS Directive) will have just passed: how are countries dealing with it? What about commercial attacks: Distributed Denial of Service (DDoS) attacks, Botnet? Taking things even further outside our homes – what are the national security issues at play in IoT? Can rogue states or terrorists use IoT to attack nation states? What balance should there be between openness and security?

Moderator:
Árpád Geréd, Maybach Görg Lenneis Geréd, Austria
Speakers:
Philip Nolan, Mason Hayes & Curran, Ireland
Hannibal Özdemir, Greenfort, Germany
Arne Bleeker, Palo Alto Networks, the Netherlands
15:00 » 15:30 Coffee break
15:30 » 17:00 Ownership Session

News of connected tractors being licensed rather than owned by their farmers brings the question 'what do we really ever own'? What IP rights are there or should there be in Data and intelligent devices? What can we learn from open source softwares and open platforms regarding potential ownership issues?

Moderator
:
Chloe Taylor, Carpmaels & Ransford, UK
Speakers:
Kaj Seidl-Nussbaumer, PROBST PARTNER AG, Switzerland
Ilja Czernik, SKW Schwarz, Germany
Marek Porzezynski, WKB, Poland
20:00 » 23:00 Dinner at the Apfelweinwirtschaft Adolf Wagner restaurant

Address: Schweizer Strasse 71, D -  60594 Frankfurt am Main

Departure from hotel lobby:
19:15 on foot
19:40 by public transport
23:00 Optional clubbing
Not included in the registration fees, payable locally

Saturday 23 June 2018

09:30 » 11:00 FRAND wars (Joint session)

Standard agreements, having a positive impact on the economy by contributing to innovation and the development of better products, can, however, also have anti-competitive effects. With its landmark decision in Huawei vs. ZTE, the European Court of Justice (ECJ) has outlined a new general framework for FRAND licensing of standard-essential patents (SEPs). As a wide range of questions remain unanswered, such as the question of market dominance of the patent holder, courts are still being kept busy with FRAND litigation. The first panel will discuss how antitrust rules apply, the second panel will focus on the IP perspective and standardization in IoT.

Moderator:
Stephan Dittl, Friedrich Graf von Westphalen & Partner, Germany
Speakers:
Claudia Zeri, BarentsKrans, the Netherlands
David Henry, McDermott Will & Emery, Belgium
Fabio Babey, Agon Partners, Switzerland
11:00 » 11:30 Coffee break
11:30 » 13:00 IoT and the Supply Chain

Exploring and pushing on with some of the themes discussed in Dublin and Bratislava last year, we will deepen our discussions about geoblocking but in this case specifically in relation to IoT technologies. We will also be considering how IoT will impact supply chain dynamics through the use of automated and predictive ordering.

Moderator:
Ben Rohrßen, Taylor Wessing, Munich, Germany
Speakers:
Diego Conte, Studio Legale De Berti Jacchia Franchini Forlani, Italy
Francesco Gozzo, Veronalegal, Italy
Giorgia Carandente, Taylor Wessing, Germany
13:00 » 14:00 Lunch
15:00 » 19:00 Optional afternoon social program – city tour through “Mainhattan"

Departure from hotel lobby: 15:00

Not included in the registration fees, payable locally
19:00 Optional dinner at the City Beach Frankfurt with option to watch the Football World Cup match (Germany vs. Sweden)

Address: Parkhaus Konstabler, Carl-Theodor-Reiffenstein Platz 5, D - 60313 Frankfurt am Main

Not included in the registration fees, payable locally

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