The Future of the IP Legal System and its Governance (with Marco M Alemán, Director, Patent Law Division, World Intellectual Property Organization, and Candidate of Colombia for the Position of Director General of WIPO)

This is the second episode of the “Women Leaders Series,” a collaboration between Brand & New and The Women’s LeadershIP Initiative. The series celebrates the unique leadership qualities of women, including their collaborative and empathetic approach to success. It brings together women leaders in diverse roles and represents various organization types in the brands and IP ecosystem. These women are at the forefront of industry trends and the conversation around how the landscape for women leaders is being shaped today.

Today is International Women’s Day. Held annually on March 8, International Women's Day is a global celebration of the social, economic, cultural, and political achievements of women. In recognition of this, today’s episode of Brand & New previews INTA’s soon-to-be-published “gender indicator study.” 

Last year, a diverse project team of INTA members developed a survey investigating how gender affects the experience of trademark practitioners in the workplace, with a focus on representation, career progression, and work-life integration. The survey was sent out to INTA members late last year and respondents, including both men and women, from more than 90 jurisdictions participated and shared their views. 

Given the global and diverse nature of our community, the research aims to uncover deep insight into the gender-based experiences of trademark practitioners around the world today, reveal the key indicators shaping those experiences and defining our workplace, and capture how IP professionals feel about their own experiences. While the survey suggests that progress is being made, there is still much to be done to truly improve the experiences of women in the trademark field.

Our guests are Rachel Armstrong, Shwetasree Majumder, and Muireann Bolger. Ms. Armstrong is a Partner at Gowling WLG and based in Dubai in the United Arab Emirates. Rachel serves on the Women’s LeadershIP Initiative Project Team and on INTA’s Brands and Innovation Committee. Ms. Majumder is a Managing Partner of Fidus Law Chambers, based in Nodia, India. She serves on the INTA’s DEI Council and the Enforcement Committee. She is also a past board member. And, Ms. Bolger is Deputy Group Editor at World IP Review, based in London, England. She takes the lead on all DEI-related coverage for World IP Review and is a co-author of INTA’s gender indictor story.

 
Resources:

•  About Rachel Armstrong
•  About Shwetasree Majumder
•  About Muireann Bolger
•  International Women’s Day 2024 (internationalwomensday.com)
•  The Women’s LeadershIP Initiative (inta.org)
•  World IP Review’s Diversity Channel (worldipreview.com)
•  Women Leaders Series: Advancing Athlete Rights (Brand & New, February 2024)
•  Striving for Diversity, Equity, and Inclusion as an Outside IP Counsel (Brand & New, April 2022)
•  Women’s Empowerment in Intellectual Property (Brand & New, March 2022)

The World Wide Web launched in the public domain on April 30, 1993, a little over 30 years ago. It was a major technological leap forward for humanity. It was a game changer, full of possibility… and uncertainty. 

 Experts are reminding us a lot lately that artificial intelligence (AI) has also been around for many decades. Nevertheless, much like the Internet in the 1990s, ChatGPT becoming publicly available in November 2022 represents another paradigm shift for humanity and its relationship with technology. One billion ChatGPT web visits took place following its launch. According to PwC, AI is predicted to contribute $15.7 trillion to the global economy by 2030. Yes, the stakes are high. Yes, it’s a game changer. Yes, it’s full of possibility… and uncertainty.

 Last month, the International Monetary Fund (IMF) released a study predicting that AI will affect close to 40 percent of all jobs. For some, it will be beneficial, boosting their productivity. For almost everyone else, their jobs are at risk. This report was published as business and political leaders from around the world prepared to gather in Davos, Switzerland, for the World Economic Forum, where AI took center stage. Highlighting the apprehension around this “disruptive” technology, the response from governments has been surprisingly swift. A number of countries signed a declaration on the safe development of the technology at an AI Safety Summit hosted by the UK late last year. And we’re seeing increased regulation around the world, including in the European Union, China, and the U.S., meaning in the world’s largest economies. 

 As businesses across all sectors explore AI’s potential, they must also wade through its unknowns and navigate evolving regulation. In other words, they must innovate and use AI responsibly. 

Our guest today is Jon Iwata. He is an Executive Fellow at the Yale School of Management where he co-leads a program studying the leadership implications of stakeholder capitalism. He also directs the Data & Trust Alliance, a not-for-profit organization established in 2020 by CEOs of major companies including American Express, Johnson & Johnson, Nike, Pfizer, Starbucks, and Walmart. The Alliance develops and promotes the adoption of responsible data and AI practices. Among his various accolades and accomplishments, Mr. Iwata is also the co-inventor of a U.S. patent for a nanotechnology and process for atomic-scale semiconductors.

 Resources:

•  About Jon Iwata
•  The Data & Trust Alliance
•  AI Will Transform the Global Economy. Let’s Make Sure It Benefits Humanity. (IMF, January 2024)
•  AI - artificial intelligence - at Davos 2024: What to know (WEF, January 2024)
•  AI and the Legal World: A Revolution Happening in Real Time (Brand & New, November 2023)
•  Will AI Take Your Job? (INTA Daily News, May 2023)
•  How AI Will Impact Trademarks (INTA Daily News, May 2023)

This episode of Brand & New is the first in the “Women Leaders Series,” hosted in collaboration with The Women’s LeadershIP Initiative. INTA launched The Women’s LeadershIP Initiative to champion and advance women’s leadership in intellectual property. The Initiative also provides the Association with a vehicle for sustained programs to help women in the IP community advance their careers and achieve professional success.

The “Women Leaders Series” brings together women leaders in diverse roles and representing various organization types in the brands and IP ecosystem. They are at the forefront of the conversation around how the landscape for women leaders is being shaped today.

Our guest today is Malaika Underwood. Ms. Underwood is CEO of Sandlot Technology Incorporated. She also retired from the USA Baseball Women’s National Team last year with the record for longest-tenured player on a USA Baseball National Team, man or woman. She earned five Women’s Baseball World Cup medals, as well as two Women’s Baseball World Cup All-Tournament Team selections. In 2015, she was honored by USA Baseball as Sportswoman of the Year. Currently, Ms. Underwood is an Assistant Coach for the USA Baseball Women’s National Team.

Ms. Underwood has over 17 years of experience as a sports business executive. Before joining Sandlot, Ms. Underwood served as interim CEO at OneTeam Partners. OneTeam launched in 2019 as a joint venture between the NFL Players Association, MLB Players Association, and RedBird Capital to maximize the collective value of athletes’ rights through group licensing, marketing, media, and other ventures.

As interim CEO, Underwood managed the company through a major transition following the founding CEO’s departure and guided the company through the final months of the sale of Redbird Capital’s equity. That transaction valued OneTeam at US $1.8 billon.

Ms. Underwood also developed and executed the strategy for OneTeam’s college business, creating the largest group rights program in the world. Prior to assuming the interim CEO role, Ms. Underwood was Senior Vice President of Licensing where she provided oversight for the company’s growing consumer products business.

In 2021, Ms. Underwood was named one of Sports Business Journal’s 40 Under 40. In the same year, the United States Supreme Court issued a unanimous ruling in NCAA v. Alston, paving the way for college athletes to profit from their name, image, and likeness (NIL) rights for the first time. Unlike professional athletes, amateurs cannot be paid for their contributions to a team. While this has not changed, the NCAA has been forced to change its rules regarding NIL rights of student athletes. This has been a game changer for sports. Ms. Underwood is not only an expert on the topic, she is also deeply passionate about it!

Resources:

• Malaika Underwood – Athlete Bio (teamusa.com)
• Supreme Court Strikes NCAA’s Limits on Education-Related Benefits for Student Athletes (U.S. News, June 2021)
• Malaika Underwood: Writing Her Own Story (usabaseball.com, February 2021)
• Forty Under 40: Malaika Underwood (Sports Business Journal, June 2021)
• Three Questions for Malaika Underwood (INTA Bulletin, November 2023)
• The Women’s LeadershIP Initiative (inta.org)

After five years, around 100 episodes and countless great moments as your host, Audrey Dauvet is stepping away from the microphone to embark on a new journey. Brand & New will continue to flourish, to explore the new and emerging topics around innovation, intellectual property (IP), and beyond. A new tremendously talented team led by INTA will be the new voice, curating experiences and stories that will resonate with listeners.  Their passion and dedication to fostering a connected listener community mirrors the essence that Brand & New has always strived for. 

For this episode, who could be a better guest than INTA CEO Etienne Sanz de Acedo, who has supported this podcast from day one. Mr. Sanz de Acedo has been deeply involved in the world of IP throughout his career, advocating for the protection and development of trademarks on a global scale. Under his leadership since 2013, INTA has worked toward enhancing consumer trust, economic growth, and innovation across international borders. He’s been an influential figure, steering INTA towards impactful advocacy, educational initiatives, and member services worldwide. Prior to leading INTA, Mr. Sanz de Acedo had a rich history of more than 15 years working within the European Union IP Office and in private practice. His strategic acumen and forward-thinking approach have been pivotal in navigating through multifaceted challenges and opportunities raised by the digital age and globalization.

Brand & New is a production of the International Trademark Association
Hosted by Audrey Dauvet - Contribution of M. Halle & S. Lagedamond - Music by JD Beats

FOR MORE INFORMATION, VISIT INTA.ORG

To go further about Etienne Sanz de Acedo:
https://www.linkedin.com/in/etienne-sanz-de-acedo-6b355873/

Also of interest:
About INTA

INTA’s Strategic Plan

Artificial intelligence (AI) can streamline processes, improve efficiency, and provide valuable insights. Zooming in on its impact on the legal industry, AI has already proven to excel at tasks such as legal research, document analysis, and contract review. This is enabling lawyers to handle large volumes of data more quickly and accurately than ever before. However, some of the legal profession fear how AI will impact their jobs. And that fear isn’t unfounded. Goldman Sachs estimated in a 2023 report that 44 percent of current work tasks in the legal field could be automated. What does AI hold for the legal practice? Is it the threat that we most commonly hear about—Are we all going to be replaced by machines? Or is it an opportunity to evolve? Or maybe both? In short, is AI the revolution that many talk about for the legal world, and how can we prepare for it?

Our guest today is no less than Richard Susskind. Mr. Susskind is a renowned expert and visionary in the field of law and technology. With a career spanning several decades, he has made significant contributions to our understanding of how AI is transforming the legal profession. Mr. Susskind is not only a prolific author but also a sought-after speaker and consultant, advising governments, law firms, and legal organizations on how to adapt in the Digital Age.

His work has been translated into 18 languages, and he has been invited to speak in over 60 countries. He has written 10 books including The Future of Law, Tomorrow’s Lawyers, and, with three editions, The Future of the Professions with Daniel Susskind, with the last edition was published in 2022. He has also published two editions of an online course titled, “The Future of Justice.” He has also contributed more than 150 columns to The Times. In 2000, he was appointed an office of the Order of the British Empire by Her Majesty, the Queen. In 2022, it was announced that His Majesty the King, had approved Mr. Susskind appointment as an Honorary King’s counsel. 

Brand & New is a production of the International Trademark Association
Hosted by Audrey Dauvet - Contribution of M. Halle & S. Lagedamond - Music by JD Beats

FOR MORE INFORMATION, VISIT INTA.ORG

To go further:
https://www.linkedin.com/in/richardsusskind/?originalSubdomain=uk

Also of interest:

Richard Susskind’s official website
Beware of "Technological Myopia," Richard Susskind Says About GPT-3.5 (law.com, February 2023)
How will leveraging AI change the future of legal services? (Reuters, August 2023)
India: The Artificial Intelligence Revolution and Its Intellectual Property Implications (Brand & New, June 2022)
Artificial Intelligence Threatens Trademark’s Gatekeeper Role (INTA Bulletin, February 2022)
Artificial Intelligence and Legal Research in the 21st Century (INTA Bulletin, December 2020)
The IPO of the Future—Think Tank Report & Checklist (INTA, November 2022)

Innovation is arguably the holy grail for business success. It fuels new and increased market share, profits, and brand value. And, ultimately, it is the pathway to industry leadership and legacy. “Disruptive innovation” is a term coined by Harvard Business School professor, Clayton Christenson, in the 90’s. It describes a process by which entrepreneurs break the low end or new market and create business models that are different from existing ones in those markets, thereby disrupting the status quo and, usually, driving change in the market sector and beyond.

In this episode of Brand & New we will zoom in on the idea of disruptive innovation, what it means, how it translates into intellectual property, how brand professionals can support and even advance it, the right corporate culture to foster it, and what disruption may look like in the near future. We also look at these topics against the backdrop of recent and rapid developments in artificial intelligence. Our guest, Aoife McArdle, has a storied career in this space, exemplified with experiences at the forefront of many disruptive innovators, including at Airbnb, Apple, and Skype. A law and business development expert by training, Ms. McArdle is a strategic thinker who has been a key initiator and driver in the rapid growth of many startups and well-established companies. 

Ms. McArdle occupied prominent legal leadership roles in major international tech companies. This includes five years as European legal counsel at Apple, more than five years at Skype as their global head of commercial and regulatory affairs. As a founding leader of Airbnb’s Experiences business, she led their business affairs unit and their work in the areas on social impact and diversity and inclusion. In this role, she initiated and led a 10-year global partnership deal with the International Olympic Committee, the largest such deal for the company. With her broad experience navigating complex regulatory and policy environments for companies expanding globally, Ms. McArdle has become a sought-after innovation and disruption expert.

Brand & New is a production of the International Trademark Association
Hosted by Audrey Dauvet - Contribution of M. Halle & S. Lagedamond - Music by JD Beats

FOR MORE INFORMATION, VISIT INTA.ORG

To go further:
https://www.linkedin.com/in/aomcardle/

Also of interest:
https://hbr.org/2015/12/what-is-disruptive-innovation

Counterfeiting remains a serious problem, to say the least. According to a recent report of the United States Patent and Trademark Office, global trade in counterfeit goods could pass US 2 trillion annually, making it one of the 10 largest “economies” and one of the biggest sources of job losses globally. All sectors are concerned, most brands experience harm from counterfeiting, not only inflicting massive negative economic harm, but also posing a danger to consumers’ health and safety and on the environment… And the trend is not slowing down and is in recent years further exacerbated by increased online counterfeiting. 

Combating counterfeit is one of the most challenging concerns of our times. This is the mission of Countercheck, a German/Italian company, whose objective is to “revolutionize the counterfeit landscape” by closing the route to market for counterfeiters. Earlier this year, they won the award in the Scale-up category of INTA’s first-ever Open Innovation Challenge, prevailing among 31 entrants. 

Countercheck has developed an anticounterfeiting technology (patent pending software) that allows parcel and postal firms to intercept and block small parcels containing counterfeit goods—before they are delivered to the end consumers—and take out of circulation. With access to worldwide cross-belt sorters equipped with parcel detection technology to identify and sideload suspicious parcels, brand owners and couriers can join forces in this fight and scale the removal of counterfeit goods from the marketplace. 

Our guest for this episode of Brand & New is Phil Hamilton, Countercheck co-founder and CEO since 2021. Experienced in bringing new business solutions to a diverse set of industries and markets, he worked internationally for more than 15 years in business growth roles. He is based in Germany.

Brand & New is a production of the International Trademark Association
Hosted by Audrey Dauvet - Contribution of M. Halle & S. Lagedamond - Music by JD Beats

FOR MORE INFORMATION, VISIT INTA.ORG

To go further: https://www.linkedin.com/in/phamilt/?originalSubdomain=de

Also of interest:

https://www.inta.org/inta-events/open-innovation-challenge/ https://www.uspto.gov/sites/default/files/documents/USPTO-Counterfeit.pdf

Artificial intelligence (AI) and digitalization have transformed trademark management. AI technologies automate tasks like trademark searches, monitoring, and enforcement. They help identify potential conflicts, track trademark portfolios, and provide data-driven insights that can inform brand strategy. They streamline processes, enhance protection and, ultimately, enable more accurate and more efficient trademark management. 

In the global AI ecosystem, which is increasingly sophisticated, AI-visualized big data combines AI algorithms and large-scale data analysis to enable smart searches. This is the mission of Beijing Mozlen Technology Co., Ltd. Established in December 2018, the start-up is a new supplier of AI-visualized big data SAAS (software as a service) for intelligent search and management of trademarks in China. The platform was built jointly by more than 15 Chinese trademark attorneys and senior legal technology product technical leaders. The company’s customers include well-known IP agents such as Alibaba, Baker McKenzie, Bird&Bird, Huawei, Tencent, Tiktok, among others. In May 2023, Mozlen won the award in the Start-up category of INTA’s first-ever Open Innovation Challenge, prevailing among 31 entrants. 

Mozlen founder and CEO Terry Zhang is the guest of this episode of Brand & New. He is the author of Trademark Practice Guide, a best-seller among trademark books in China and he brings vast experience and valuable insight on the emerging trend of AI-based solutions in trademark management and services.

Brand & New is a production of the International Trademark Association
Hosted by Audrey Dauvet - Contribution of M. Halle & S. Lagedamond - Music by JD Beats

FOR MORE INFORMATION, VISIT INTA.ORG

To go further:

https://www.inta.org/inta-events/open-innovation-challenge/ https://www.mozlen.com
https://item.jd.com/12642680.html
 

The costs of IP litigation have skyrocketed over recent years, with big cases such as Stac Electronic v. Microsoft and Fonar v. General Electric amounting to more than US $120 million in expenses. Mitigating the risks associated with being sued or having to sue a third party for intellectual property (IP) infringement has become a strategic matter for businesses. IP insurance coverage has become the cornerstone to effectively protect against those risks. What is IP insurance? From standard to specialty which types of policies truly cover IP owners' needs and their risks? Why should IP owners consider such policies? And how do these policies work in practice? 

The guest of this episode of Brand & New is Jack Flug, Managing Director at Marsh (USA), one of the world’s leading insurance brokers and risk advisors, operating in 130 countries and serving commercial and individual clients. Mr. Flug has been with Marsh since 1995 and is based in New York City.

Brand & New is a production of the International Trademark Association
Hosted by Audrey Dauvet - Contribution of M. Halle & S. Lagedamond - Music by JD Beats

FOR MORE INFORMATION, VISIT INTA.ORG

To go further: https://www.linkedin.com/in/jack-flug-b6b33570

Also of interest:
Intellectual Property Insurance: Everything You Need to Know (Upcounsel, November 2020)
https://www.marsh.com/us/home.html 

What is IP Insurance and why might you need it? (two-ip, September 2022)

What Is Intellectual Property Insurance? (business.com, February 2023)

How to Obtain IP insurance for Clients or How to Watch Your Client's Back (AIPLA)

What Insurance Coverage Remains for Trademark Infringement Claims After Years of Policy Language Changes? (The Trademark Reporter, September-October 2017)

UNITED STATES: Insurance Company Freed from Defending Insuree (INTA Bulletin, September 2020)

Established by Congress in 2021, the Office of the National Cyber Director (ONCD) advises the President of the United States on cybersecurity policy and strategy. More specifically, ONCD’s mission is to advance national security, economic prosperity, and technological innovation through cybersecurity policy leadership. In carrying out its directive, ONCD works closely with White House and interagency partners, as well as with all levels of government, the U.S.’s international allies and partners, non-profits, academia, and the private sector, to shape and coordinate federal cybersecurity policy. Recently, ONCD released the White House’s new National Cybersecurity Strategy. Although many of the Strategy’s proposed changes will hinge on congressional action, if implemented by Congress and the administration, the Strategy would have significant consequences for certain businesses, including owners and operators of critical infrastructure, software developers, cloud providers, government contractors, and businesses that handle personal information. Therefore, understanding the Strategy and its potential implications accordingly will be key for companies across all sectors.

To discuss the National Cybersecurity Strategy, we welcome James Halpert, a renowned cybersecurity expert and privacy lawyer. Jim was appointed in August 2022 General Counsel of the Office of the National Cyber Director.  He was before partner in the law firm DLA Piper, where he built the firm’s cybersecurity practice, advised dozens of clients on their cybersecurity programs, and counseled clients through more than 700 security incidents. Jim helped draft almost all the state private, security and breach notice laws enacted over the past 15 years, the National Association of Corporate Directors Cyber Risk Handbook, and two major U.S. federal privacy laws. Jim is an honors graduate of Yale College, Harvard Law School, and also studied in Paris.

Brand & New is a production of the International Trademark Association
Hosted by Audrey Dauvet - Contribution of M. Halle & S. Lagedamond - Music by JD Beats

FOR MORE INFORMATION, VISIT INTA.ORG

To go further: https://www.linkedin.com/in/jimhalpert/

Also of interest:

https://www.whitehouse.gov/briefing-room/statements-releases/2023/03/02/fact-sheet-biden-harris-administration-announces-national-cybersecurity-strategy/

https://www.whitehouse.gov/wp-content/uploads/2023/03/National-Cybersecurity-Strategy-2023.pdf