Keynote speech - Fraser Morrison, Edrington Distillers

Fraser will take us on a ten-minute tour of the creation and development of the Cutty Sark Scotch Whisky brand from its beginnings in 1923 to present day, and will provide an overview of the IP that supports the brand:

What are the origins of the name? Why the tea clipper Cutty Sark? Why the colour yellow? Where does the Whisky come from? Who owns/owned and drives/drove the brand? History: rise, decline and re-establishment. Scots Whisky or Scotch Whisky?
What are the key markets then and now? Trade marks and other rights.

Navigating the seas of change panel discussion

Trade mark and designs protection - what this might mean for overseas business behaviour - Adam Williams, international policy team at IPO

Adam will talk about the perceptions of overseas businesses on the decision to leave the EU. What this might mean for their registration strategies and how measures can be taken to ensure the UK remains a destination of choice for innovative businesses to register their IP here.

The UK out – combatant or cooperator – a German perspective - Peter Müller, Müller Schupfner & Partner and Immediate Past President of ECTA

With the UK leaving the EU and announcing the introduction of the lowest company taxes of the 20 most developed countries globally, Germany will have to cope with two major problems. The first one, Germany lost its second best “friend” in the EU and as it comes to economical responsibility, the best cooperator for stability and growth. Second, Germany might face a strong combatant, a kind of “Switzerland II” with a strong financial sector, low taxes, high living standard and smart work forces. In the field of IP, German companies will have to file more national patents and trademarks, at least via the EP system or Madrid, to safeguard their innovations. Use in the EU will no longer suffice to maintain a trademark effective in the UK, so companies have to become more active on a national level, even install national subsidiaries. More UK IP firms will set up facilities in Germany since most patent litigation cases of the EU are initiated in Germany and UK chartered patent attorneys might then no longer be allowed to co-represent. So, while it seems as if Germany lost a Cooperator on EU level and gained a Combatant on the political (tax) level, Germany will have to find a Cooperator on the business and legal level.

Brexit - a Norwegian perspective - Hilde Vold Burgess, ACAPO

Norway's longest-standing and most consistent foreign policy tradition is probably not to split ways with the UK. In 1973 Britain joined the EU, while Norway voted not to join in September 1972 and again in November 1994. However, Norway remained part of EFTA, and the EEA since 1994. Many will say that it has been important and beneficial for Norway to have UK on the inside of the EU. Hilde will give a brief overview on “Life” outside the EU from a Norwegian perspective. 

Separation in the trade mark and design spheres, an Ex Yugoslav perspective - Djura Mijatovic, ZMP

In the 1990’s and 2000’s what used to be Yugoslavia split into seven separate jurisdictions which each formed their own Intellectual Property Offices. Djura will outline different ways in which the newly formed countries dealt with revalidation of existing IP rights and their subsequent validity and the possible application of the lessons learnt to Brexit and EUTMs. The discussion will emphasize on the cost perspective as well as the practical issues in relation to: automatic validity of registered rights, full revalidation with examination of already protected rights, reapplication and reexamination of pending rights as well as many other issues.

Post-Brexit trade mark registration ramifications, evolving safeguards for trade mark rights - Jess Collen, Collen IP

U.S. trade mark owners are keen to know what they will need to do to protect their marks in a post-Brexit environment. But will the U.K. just become another jurisdiction to add to the list of “foreign filings” for U.S. companies, with accompanying cost considerations, or are there greater strategic implications for U.S. trade mark owners?   One of several interesting questions is whether the concept of common law rights and safeguards – which are well known to American companies – may play a greater role in how those companies approach future U.K. trade mark protection.

Break - tea and coffee

Internet blocking injunctions: the present and the future - Simon Baggs, Wiggin LLP and Benet Brandreth, 11 South Square

Simon and Benet will discuss the findings of the Court of Appeal in Cartier v BSkyB - the case that established the jurisdiction for Internet Blocking Injunctions across the breadth of intellectual property rights. They consider how site blocking works in practice and the wider ramifications of the Cartier decision for IP proprietors and intermediaries - the opportunities, the barriers and how this relief fits into the wider question of brand protection in the digital economy.

Non-conventional trade marks:  every one's a fruit and nut case - Kelly Clarke and Eleanor Merrett, Olswang LLP

Eleanor and Kelly are mooting the pros and cons of non-conventional trade marks. Should colours be registrable? Should you be able to protect the shape of speakers or chocolate bars? Who is it really benefiting if you are able to register the shape of an inhaler or a cab? Their moot will trot through current case law and canter through the new regulation and its likely impact on registrability, both in the EU and the UK. The impact and cross-over of design law will also be thrown in with time for questions at the end.

Break - lunch

EUIPO update - Rachel Wilkinson-Duffy, Baker McKenzie

Rachel works closely with the EUIPO and leads on CITMA's EUIPO working group. Rachel will be providing an update on the EUIPO's work and her involvement with the Office.

WIPO – Madrid system: interview with Marcus Höpperger - Marcus Höpperger, WIPO and Oscar Benito, GSK

WIPO’s Marcus Höpperger will be interviewed by Oscar Benito, lead of CITMA’s Liaison WIPO working group. They will explore areas including, fees, recent legal developments and other Madrid services. Marcus will also provide an update of geographical coverage and use following the Madrid System 125^th anniversary last year.

Break - tea and coffee

IPO update - Steve Rowan, IPO

In June 2016 the UK voted to leave the European Union. Since then demand for UK trade mark and design rights has risen, with record levels of applications being made, from an increasingly diverse customer base. Despite many unknowns, the Intellectual Property Office has continued to work hard to ensure that our services meet our customers’ needs. This session will provide an update from the IPO, including demand for our services, the improvements we are making to our designs system and the work we have been doing following the Referendum vote.

Closing remarks

Desert storm or storm in a teacup? Assessing the impact of the GCC trade mark law - Rob Deans, Clyde & Co.

After almost 30 years of waiting, a unified GCC Trade Mark Law is becoming a reality.  The new Law is already in effect in Bahrain, Kuwait and Saudi Arabia; with the UAE, Qatar and Oman expected to implement the Law in due course. Rob will review the key changes being introduced by the new Law. Are increases in official fees linked to the implementation of the new Law, and are they here to stay? What else do brand owners need to know when registering, exploiting and enforcing their trade marks in the GCC countries?

Standardised packaging - views from industry and how it is responding - Zoriţa Pop, Global Anti-Counterfeiting Counsel, RB and Alistair Mackay, Philip Morris International

We have seen the introduction of standardized packaging for tobacco products in several countries. Alastair and Zoriţa will talk about how the tobacco industry has reacted, the likelihood of similar regulations being introduced for other products, and how such initiatives could affect the work of IP professionals in years to come.

IP enforcement in the post-Brexit world - Arty Rajendra, Osborne Clarke

The practices and procedures for litigating IP rights in England & Wales are framed by reference to home-grown rules. However, the over-arching European legislation plays a highly influential role. One just has to look at recent caselaw on website blocking injunctions to see how much European law influences the way in which IP rights can be enforced in this country. This presentation will look at the future of IP enforcement in a world without a European framework. It will also cover areas of uncertainty such as goods in transit and exhaustion of rights.

Dispute resolution in the Intellectual Property Enterprise Court: decisions, costs, and rewards - Douglas Campbell QC, IPEC

Douglas will examine a number of recent IPEC cases to answer the following questions: i) Decisions.  What are the Court’s major recent decisions and what do they contribute to the law? ii) Costs.  How much are parties paying and how much are they getting back?  What effect has the increase in Court fees had? Are more people going to the High Court’s Shorter Trial Scheme instead? iii) Rewards.  The IPEC now does far more damages enquiries and accounts than the High Court – but with what results?

From Hague to handbags – registered and unregistered design rights for high fashion industries (and some less glamorous ones as well) - David Stone, Allen & Overy LLP

Cost effective design protection is fashion nirvana – for the UK, that means assessing five possible forms of protection. This talk will focus on effective registered protection through the Hague Agreement (now even more useful with the accession of the United States, South Korea and Japan) as well as both forms of unregistered design right available in the UK (at least for now!) – the 3 year EU unregistered design right and the 15 year UK equivalent. Fashion houses have tended to rely on the unregistered rights: with Brexit looming, a new strategy may be needed to avoid the pitfalls of the UK unregistered right.