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Program

Disclaimer:

  • Session content, timings, and speakers may be subject to change.
  • All events, except those marked with an asterisk, will be held at Conrad Manila.
  • Venue map, as below, exclusively displays the room numbers for the entrances to each conference zone and function area.
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Join us in promoting and enhancing intellectual property protection in the Asian region. APAA members and observers from around the globe will discuss the latest developments, issues and policies in intellectual property law in the Asian region.

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Enforceability of IP rights, originally applicable to tangible objects in the real world, with regard to counterfeiting in the Metaverse.

Counterfeiting in the metaverse (known as ‘virtual counterfeiting’) is a growing concern that involves unauthorized creation and distribution of IP assets within the Metaverse. Some concerns are:

1. Do current IP laws in each jurisdiction support initiating legal action against a virtual counterfeiter. Will a right holder be able to enforce a real world right in relation to counterfeiting on the Metaverse.

2. Given the blurred boundaries in the context of Metaverse, jurisdiction of courts to entertain and try virtual counterfeiting. The right-holder may be in country ‘A’, the counterfeiter in country ‘B’, the user / consumer in country ‘C’ and the ‘Metaverse’, an interactive medium operated by an entity based in country ‘D’ hosting on webservers located in country ‘E’.

3. In the context of trademarks, would it need an amendment to the NICE classification. The 12th Edition Version 2024 (effective 01 January 2024) includes ‘downloadable application software for virtual environments’ and ‘downloadable virtual clothing’ in class 09 while ‘hosting software platforms for virtual reality-based work collaboration’ and ‘hosting virtual environments’ in class 42.

4. Have laws been amended in any jurisdiction to address concerns of counterfeiting in the Metaverse.

Generative AI and Copyright Infringement: Expanding Horizons or Legal Quagmire?

  1. Generative AI Inputs in Training Data and Copyright Infringement:
    1. Under what circumstances does training AI models using datasets infringe copyright
    2. Does using copyrighted works from a single owner for machine learning (ML) constitute infringement?
    3. What if the training datasets comprise copyrighted works from multiple owners? How does this impact the legality of the AI training processes
  2. AI-Generated Outputs and Copyright Infringement:
    1. Are the works created by AI models from these single and multiple source training datasets infringing on copyright?
    2. Liability and Legal Actions: Who is liable for copyright-infringing AI outputs—the AI developer, the AI operator, or both? Are safe harbor provisions available to intermediaries like AI datacenters?”

Accelerated and Suspended Examination for Timely Protection of Inventions

Accelerated examination secures patent rights quickly, attracting investment and establishing market presence. Suspended examination delays costs, aligns patent grants with business developments and market dynamics, and optimizes resources and planning. These mechanisms ensure timely protection of inventions and allow for strategic adjustments to capitalize on market share and changing market conditions.

In the Patents Committee, we will review and discuss the current situation in each jurisdiction, taking into account the importance of accelerated and suspended examination in patent prosecution.

Think Outside the Box: Strategies for Registering Package Designs

Package design, a combination of design elements such as wrapping, containers, labels, and more, used to package products, plays an essential role in promoting product sales and differentiation. As package design is a visual aspect of a product, it can be protected by design registration to prevent imitation by others. In order to effectively use design registration to protect package design, it is important to understand the relationship between designs and articles, as well as effective application tips specific to each jurisdiction. The discussion will explore approaches to effectively protect package design through design registration.

To Ink or Not to Ink, that is the Question!

Tattoos are emerging into greater significance and presence due to shifting societal attitudes towards tattoos as a form of self-expression and art, which has fuelled acceptance and the demand for diverse tattoo styles and designs. The discussion will consider issues of possible statutory or common law defences or exemptions, application of tests of substantial similarity in various jurisdictions and proper assessment of damages.

Letter of Consent

In trademark law, a letter of consent system allows the coexistence of trademark registrations between similar and/or identical marks owned by different entities. Since most Asian countries have adopted a letter of consent system, it would be valuable to learn and compare the key features of these systems in various jurisdictions.

Luncheon with Mentors – Fuelling Your Growth

Join us for the Luncheon with Mentors session, a unique event designed to connect you with industry leaders and respected seniors. This is your chance to engage in meaningful conversations over lunch and gain valuable insights from those who’ve walked the path before you. Here’s what you can expect:

Expand your Professional Network: Connect with like-minded peers and experienced seniors. You may gain a valuable mentor and some new connections by the end of the lunch!

Knowledge and Experience Sharing: Our mentors come from diverse backgrounds and have a wealth of knowledge and rich experiences to share. It may be a stepping stone to your further success and more than just a lunch.

Places are limited and pre-registration is required. Register now to secure a place!

Story of a Not-So-Ordinary Chicken Dish

(Patent and Trade Secret)

Two restaurants situated next to each other were serving a similar but not-so-ordinary chicken dish. How extraordinary was the dish? The recipe for cooking the chicken has been patented. But is the recipe truly novel? Was the trade secret for preparing the recipe stolen by the competitor? Was there misrepresentation of goods or services as being those of another? Let the counsels argue and find out how the judge ferrets out the truth from the parties.

Plaintiff

Counsels

Pravin Anand (IND)
Jose Eduardo T. Genilo (PHL)

Witness

Dr. Mauro Marin (Uruguay)

Defendants

Counsels

Mr. Alban Kang (SG)
Mr. Andrew Morton (AU)

Witness

Ms. Herminia Mendes (Brazil)

The judges will be:

Justice Antonio Ray Ortiguera (PH)
Justice Anish Dayal (IN)

How to Network Successfully – Key Networking Strategies

Co-moderators:

Sophie Thoreau (NZ)
Daniel Chew Haseltine (UK)

“Your network is your net worth.” – Porter Gale

Join us in this Roundtable where we will discuss networking strategies – learn what the tested and key strategies are, how to network to bring results that will grow your business and consider whether strategies differ for men and women.

Safeguarding Mental Stability in IP Practice

(Mental Health for IP Professionals)

Co-moderators:

Anju Khanna LALL & SETHI (India)
Raquel Flanzbaum (Argentina)

Acknowledging the stressful realities of IP practice, this session tackles the main causes of mental health concerns: demanding deadlines, extended hours, and discussions of highly technical issues. This session serves as a safe space to identify solutions to mitigate stress and prioritize mental well-being.

Setting the Standard: Maximizing the Power of Equality, Diversity, and Inclusivity in the Workplace

(Equality Diversity and Inclusivity in the Workplace)

Co-moderators:

Suebsiri Taweepon (Thailand)
Zareefa Burki Flener (USA)

A diverse and inclusive workplace allows for IP practitioners with diverse backgrounds and skill sets to thrive. This session dissects the traditions or cultural biases that remain a challenge to promoting and achieving Equality, Diversion, and Inclusion (EDI) in legal environments.

Go For Green: Emerging Challenges in the Registration of Green Trademarks vis-à-vis the Dangers of Green Washing

(Green Trademarks and Green Washing)

Co-moderators:

Lam Chung Nian (Singapore)
Vanessa Bouchara (France)

With the increasing awareness of and desire for environmental responsibility, the registrability of green trademarks is often questioned for its lack of distinctiveness or being merely descriptive. At the same time, businesses have resorted to “greenwashing” to appear more environmentally responsible than they actually are. This session tackles the issues of distinctiveness and avoiding misleading claims to ensure that green trademarks accurately reflect business practices and protect consumers and the environment.

AI and the Patentability of Computer-Implemented Inventions:
How Technical Should “Technical Character” Be?

(AI and the Patentability of Computer-Implemented Inventions)

Co-moderators:

Ms. Cherry C.L. Tu (Taiwan)
Dr. Pawel Piotrowicz (UK)

For the patentability of computer-implemented inventions, different jurisdictions vary in their determination of its technical character. In addition, the lack of a technical character may arise due to innovations primarily residing in the algorithms or data processing methods employed. This session explores these challenges in determining the technical character and patentability of Artificial Intelligence.

Evolving Landscape of Patent Litigation: The Unified Patent Courts and Beyond

(United Patent Court)

Co-moderators:

Jim Ribeiro (UK)
Andreas Vogel (Germany)

Marking a significant milestone, the Unified Patent Court officially started last 01 June 2023, making it the first supranational patent court in the world. This session reviews the recent jurisprudence of the Unified Patent Court, current trends in court proceedings and legal interpretations, and the recent debates regarding court transparency.

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