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Brand & New

Brand & New is a podcast produced by the International Trademark Association (INTA) and focused on innovation. Published monthly, each episode consists of an open dialogue with experts, visionaries, and influential people from all over the world in order to learn more about the evolution of the legal and intellectual property ecosystem, its concepts, and all actual or potential consequences. Because we consider innovation as a pillar of INTA’s Strategic Plan, and because it is key to “walk the talk,” we invite you to follow Brand & New, to expand your knowledge about the transformation of this industry and to stay curious! Brand & New guests contribute to this podcast in their personal capacity and the opinions expressed (or experiences shared) are their own. They do not purport to reflect the views or opinions of INTA or its members.

Latest Episodes:

IP and the SDGs: Building Our Common Future with Innovation and Creativity Apr 26, 2024

Show notes

Today is World Intellectual Property (IP) Day. Established by the World Intellectual Property Organization— or WIPO—in 2000, World IP Day serves to raise awareness of the positive role of IP—including copyright, designs, patents, and trademarks—in society and in the daily lives of consumers, and to celebrate IP as a driver of innovation, creativity, and economic development. WIPO selected April 26 for World IP Day as it was on this day in 1970 that the Convention Establishing WIPO entered into force.
Each year, World IP Day focuses on a specific theme. This year, it looks at the ways in which IP is advancing the United Nations’ Sustainable Development Goals—or SDGs. The 2030 Agenda for Sustainable Development, adopted by all UN Member States in 2015, provides a shared blueprint for peace and prosperity for people and the planet, now and into the future. At its heart are the 17 SDGs, which are an urgent call for action by all countries—developed and developing—in a global partnership. They recognize that ending poverty and other deprivations must go hand-in-hand with strategies that improve health and education, reduce inequality, and spur economic growth – all while tackling climate change and working to preserve our oceans and forests.
Titled, “IP and the SDGs: Building our common future with innovation and creativity,” World IP Day 2024 looks at how we need to re-think how we live, work, and play, if we are to build a common future and achieve the SDGs. It is an opportunity to explore how IP encourages and amplifies the innovative and creative solutions that are so crucial to building our common future, and how inventors, creators, and entrepreneurs can benefit from IP to achieve their own goals while also heling improve people’s lives and safeguard our planet in line with the SDGs.
Our guest today is Edward Kwakwa, Assistant Director General, Global Challenges and Partnerships Sector, at WIPO. The Global Challenges and Partnerships Sector covers issues relating to traditional knowledge, traditional cultural expressions, and genetic resources. It also leads WIPO’s efforts to work with other UN agencies and international organizations on cross-cutting global issues; builds on and expands partnerships with stakeholders, including those from international, business, and civil society sectors; and builds bridges with new stakeholders.
ADG Kwakwa served as General Counsel at WIPO from 2004 until September 2016. He holds an LL.B. degree from the University of Ghana, an LL.M. from Queen’s University in Canada, and an LL.M. and a J.S.D. from Yale Law School in the United States. Before joining WIPO, he practiced with the law firm of O’Melveny and Myers in Washington, D.C., worked as International Legal Adviser at the Commission on Global Governance in Geneva, Switzerland, as Senior Legal Adviser at the Office of the United Nations High Commissioner for Refugees, and as Legal Affairs Officer at the World Trade Organization.

Resources:

Women Leaders Series: Overcoming the Broken Pipeline Mar 07, 2024

Show notes

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)

Women Leaders Series: Advancing Athlete Rights Feb 12, 2024

Show notes

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)

A New Voice, A Continued Journey: Exciting Changes to Brand&New, with Etienne Sanz de Acedo, INTA CEO (USA) Dec 26, 2023

Show notes

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

Tackling Counterfeiting: the Solution of Countercheck, Winner of 2023 INTA Open Innovation Challenge (Scale-Up Category), with Phil Hamilton, Co-founder & CEO Sep 26, 2023

Show notes

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

Intelligent Search & Management of Trademarks in China: the Solution of Mozlen, Winner of 2023 INTA Open Innovation Challenge (Start-Up Category), with Terry Zhang, CEO & Founder Aug 29, 2023

Show notes

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

Everything You Need to Know about Intellectual Property Insurance (with Jack Flug, Managing Director, Marsh) Aug 01, 2023

Show notes

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)

Focus on the U.S. National Cybersecurity Strategy (with James Halpert, General Counsel of the Office of the National Cyber Director, White House, USA) Jun 27, 2023

Show notes

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

Data Management in the Web 3.0 Era (with Greg Tulquois, Partner, DLA Piper) May 30, 2023

Show notes

From headlines on ChatGPT and the like to machine learning powered application offerings, Web 3.0 seems to be all the rage these days. What seemed like technological advances reserved to niche industries or R&D or crypto nerds—such as artificial intelligence (AI), machine learning, blockchain, and related decentralized ledger technologies—is now expanding dramatically into many aspects of the daily life of companies and individuals alike.

One of the key claims of the proponents of web 3.0 is its decentralized nature and the impact this has on each person’s rights, on their assets and data. Arguably, the web 3.0 era would be the end of centralized data repositories and facilitate a more open, transparent, user-friendly approach to data management. Is this claim true and what does the web 3.0 really mean when it comes to one’s ability to manage its data?

Focusing on personal data, are there any challenges raised in exercising and enforcing individuals’ rights when the data is being collected in the context of services such as virtual reality games, the metaverse, distributed ledger technologies (DLTs), or chatbots? From the perspective of the businesses operating in the web 3.0 ecosystem, what are the ways to ensure compliance and limit risks?

Our guest is Greg Tulquois, Partner with the international law firm DLA Piper, where he leads the global Commercial and Contracts practice. Mr. Tulquois, who is based in Paris, France, advises businesses on the structuring/negotiation/optimization of contractual ecosystems dedicated to e-commerce, as well as the launch of new digital businesses.

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/gregorytulquois/?originalSubdomain=fr

Also of interest:

https://iapp.org/news/a/is-a-decentralized-web-3-0-the-answer-to-our-privacy-concerns/ https://www.forbes.com/sites/danielaraya/2022/07/05/is-web-30-a-data-revolution/?sh=c7427535b713

https://medium.com/bandprotocol/understanding-decentralized-data-management-in-web3-ce93a694d074

https://www.gartner.com/en/digital-markets/insights/what-is-web-3-0

https://www.institute.global/insights/tech-and-digitalisation/privacy-security-citizen-rights-and-transparency-web-30
https://www.dlapiper.com/en-ro/insights/publications/2022/10/le-guide-3-du-numerique-analyse-sectorielle-de-lintelligence-artificielle

IP Offices Series 3/3 - What Does it Take to Transform IP, with Kathi Vidal, Director of USPTO, USA Apr 26, 2023

Show notes

Most organizations around the globe have faced a significant number of challenges over the last couple of years. The same can be said for intellectual property (IP) offices. From the pandemic to financial market turmoil, through supply chain issues, increased cyberthreats, IP offices have navigated these hurdles and probably more, stretching their IT, budget, and organizational resources in unexpected ways. Yet, IP asset registrations have been soaring globally, and IP offices generally seem to have been riding those waves with success, often transforming challenges into opportunities to evolve to better meet the needs of creators, businesses, and the market.

Beyond their role as processors of IP applications and registrations or an inventory of registered assets, how do IPOs envision their mission in 2023? What sort of initiatives do they carry out to ensure they stay in tune with innovators, businesses big and small, and the market at large? How much of a transformative force can they be for the IP world?

Our guest today is Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO)—America’s Innovation Agency. As the chief executive of the USPTO, Ms. Vidal leads one of the largest IP offices in the world, with more than 13,000 employees and an annual budget of more than US $4 billion. She is the principal IP advisor to the U.S. President and its administration through the Secretary of Commerce, and is focused on incentivizing and protecting U.S. innovation, entrepreneurship, and creativity. Prior to joining the USPTO, Ms. Vidal was Managing Partner for the Silicon Valley office of the law firm Winston & Strawn, a position she held since 2017, representing both patent holders and defendants, both innovators and startup companies with limited resources, and some of the most successful and well-known companies, in U.S. courts and the International Trade Commission. She has also been deeply involved in practice before the U.S. Patent Trial and Appeal Board (PTAB), Federal Circuit appeals, and the Supreme Court.

Join Ms. Vidal for a fireside chat at INTA’s upcoming 2023 Annual Meeting Live+ in Singapore. This event takes place on Thursday, May 18, 12:45 pm–1:15 pm.

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/kathividal/

Also of interest:
www.uspto.gov/about-us/executive-biographies/kathi-vidal
Jumpstart your career with LEAP! (Director's Blog: the latest from USPTO leadership, November 1, 2022)
USPTO Ideas For Bolstering Robustness And Reliability Of Patents Demand Attention And Stakeholder Input(foley.com, October 31, 2022)
Where are U.S. women patentees? Assessing three decades of growth (USPTO - Office of the Chief Economist, October 2022)
Engagement, Collaboration, and Outreach: A Conversation with the USPTO’s Kathi Vidal (INTA Bulletin, February 8, 2023)