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PRODID:-//Session events Calendar//IBA//EN
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DTSTAMP:20260422T001516Z
DTSTART:20221031T133000Z
DTEND:20221031T163000Z
SUMMARY:Around the tables: a taste of hot topics in the Intellectual Prop
 erty\, Communications and Technology Section
DESCRIPTION:Presented by the Intellectual Property and Entertainment Law 
 Committee\, Arts\, Cultural Institutions and Heritage Law Committee\, Sp
 ace Law Committee\, Media Law Committee\, Technology law Committee and C
 ommunications Law Committee.\n\nThis very dynamic and well-attended sess
 ion enables you to select from a menu of hot topics in the IP\, communic
 ations\, media and technology sectors and participate in roundtable disc
 ussions.\n\nTopics of current interest are selected to stimulate a livel
 y debate. Moderators on each table introduce the table topic and the par
 ticipants do the rest. Background knowledge or experience within areas f
 or discussion is not required. Our menu will include hot and 'late break
 ing' topics in the areas of intellectual property law\, internet law and
  mobile technologies\, privacy and data protection\, technology contract
 ing and dispute resolution\, arts law and space law.\n\nDiscussion is us
 ually around the interface of law\, business and technology\, with a glo
 bal focus. Many topics for discussion are often the subject of considera
 ble public and media interest. In participating in the table topics you 
 will gain a deeper insight into these areas and be able to add your own 
 comments.\n\nThe format is interactive networking. The session will prov
 ide you with a great opportunity to meet many other lawyers and to discu
 ss topics of mutual interest with them: don't forget your business cards
 \, ecards and contact details to share. We welcome new participants in t
 hese discussions.\n\nThe following topics will be discussed during the s
 ession\, with the help of the respective moderators identified for each 
 topic:\n\n1. Hot topics in Privacy and Data Protection\n\n\n	Processing 
 of underage’s personal data\n	Internal investigations conducted by priva
 te companies\n	Cross-border data transfers\n	Cooperation with investigat
 ions/criminal procedures initiated by public authorities\n	Data Protecti
 on Laws - Scope / Exemptions\n	Multiple sanctions due to the simultaneou
 s violation of a data protection law and other laws (e.g. consumers\; an
 titrust)\n	Overview about sanctions and fines\n\n\n2. Contracts for Clou
 ds: what’s in the standard terms and what can you negotiate?\n\n\n	What’
 s in a typical cloud contract?\n	How do AWS\, Google\, and Microsoft dea
 l with issues like choice of law and forum\, liability\, service levels\
 , termination\, and more?\n	Are standard cloud contracts evolving?\n	Whe
 n can customers negotiate with cloud providers?\n\n\n3. Geospatial Data 
 management – an opportunity for growth\n\nGeospatial information is vita
 l for national development\, policy and decision-making\, programs and p
 rojects\, and to achieve sustainable social\, environmental and economic
  development. The main strength of geospatial information is that it pro
 vides the integrative platform for all digital data that has a location 
 dimension to it. Collaborative information systems that are comprehensiv
 e\, coordinated\, and integrated\, underpinned by geospatial information
  technologies and applications\, are providing the evidence on where peo
 ple interact with their place\, events and activities. With rapid digita
 l transformation of society and economy\, issues\, challenges and opport
 unities related to the acquisition\, availability\, accessibility and ap
 plication of geospatial information\, are common and experienced across 
 various levels of society\, government and economy. The need for sound a
 nd enabling policy and legal frameworks on geospatial information manage
 ment to address these issues has become more critical as the acquisition
  and application of geospatial data become increasingly innovative and c
 reative arising from new and emerging technologies\, devices and solutio
 ns.\n\nSince 2017\, the UN-GGIM Working Group on Policy and Legal Framew
 orks for Geospatial Information Management\, has been actively developin
 g mechanisms to address the complex issues related to geospatial informa
 tion\, including custodianship\, authority and authoritative data\, open
  data\, personal data\, data privacy and confidentiality\, data licensin
 g\, data security and geospatial data for public good. We will explain h
 ow the acquisition\, availability\, accessibility\, and application of g
 eospatial information can be addressed\, through a wide array of tools a
 nd resources developed with the collaboration of the IBA.\n\n4. 5G Deliv
 ery structures\n\nThe roll out of 5G will entail large investments for m
 obile carriers\, not just in their having to bid for spectrum allocation
  but mainly for infrastructure and hardware investments. The high cell d
 ensity required for the operation of 5G networks also magnifies these co
 ncerns. In the wake of fierce market competition and declining revenues 
 per customer\, carriers have been innovating how they are approaching 5G
  infrastructure investments\, including for example\, entering into infr
 astructure and services sharing arrangements\, along with developing sol
 utions to improve and secure their radio access networks. Join us as we 
 discuss the challenges faced by mobile carriers and novel approaches tak
 en by them in response.\n\n5. Can Legal Tech create increased revenues f
 or law firms?\n\nWhat are the pitfalls? Best practices from around the g
 lobe.\n\n6. Regulating Internet and platforms around the world\n\nSince 
 Apple and Meta (aka Facebook) displaced legacy enterprises and Alphabet 
 (aka Google) declared its victory against Yahoo\, regulators waited for 
 the day digital markets would correct themselves. In the meantime\, they
  also had greenlighted some acquisitions and seemed to have regretted cl
 earing some in hindsight. The wait is over\, though: regulators recently
  changed the tack\, and competition policy is poised to favour increased
  interventions towards big tech. Although killer acquisitions and new ex
  ante competition tools to address the sources of big tech's market powe
 r and overcome the barriers to entry are at the centre of the heated dis
 cussions\, they all come down to fostering innovation. In recent years\,
  regulators have taken bold steps and expanded the scope of innovation t
 heories of harm to justify interventions. Yet there are serious question
 s concerning whether competition authorities could genuinely grasp the n
 ature of competition in digital markets and\, if so\, whether they have 
 the foresight to predict the level of innovation in counterfactuals with
 out compromising evidence-based enforcement. This table will get to the 
 bottom of these questions by analysing the sources of innovation in high
 -tech markets: is big always bad?\n\n7. 2022 Technology and IP Disputes 
 Update\n\nThis topic would allow for discussion of the major cases invol
 ving technology and IP disputes in different countries including identif
 ication of trends in technology disputes and dispute resolution processe
 s.\n\n8. AdTech\, Tracking\, Cookies and Pixels – thoughts on where thin
 gs are heading\n\nTracking devices (whether cookies\, pixels or whatever
 ) have been under scrutiny from regulators around the world. In this ses
 sion we will be looking at the comparative approaches in Latin America\,
  Europe and the US.\n\n9. Patent Litigation Funding – Support to Patent 
 Owners or Patent Troll in Sheep’s Clothing\n\nTable will discuss the gro
 wing use of Litigation Funding in IP related litigation matters. Discuss
 ion will include experiences with funders and cases supported by them. T
 he group will also explore whether funding provides access to the courts
  for those without means to enforce their valuable rights or whether it 
 encourages frivolous filings that would not have otherwise been filed or
  few settlements in the hopes of large returns.\n\n10. The copyright pro
 tection over “concept stores” and/or format The idea to attract the cust
 omer’s attention using the environment in which the purchasing processes
  are generated has been spreading over the last years. It does not refer
  only to the way in which products are presented but also to the general
  appearance and mood of the shop and to the impact that it has on custom
 ers. In this scenario\, concept stores are becoming increasingly popular
  in retail but retailers have had varying degrees of success in protecti
 ng the format or layout of their stores. This topic will explore how dif
 ferent jurisdictions and different IP laws can protect concept stores an
 d will consider a hypothetical scenario based on a recent Italian Court 
 of Appeal decision. Participants are encouraged to share their views and
  experiences from their own jurisdictions in an open discussion about th
 e practicalities of using IP laws to protect the layout of a store\, the
  shape or configuration of different display elements\, or the overall l
 ook and feel of a concept store.\n\n11. The impact of the Digital Servic
 es Act (on intellectual property rights and technology)\n\nThe DSA will 
 seek to set standards for accountability in the digital marketplace. Muc
 h uncertainty remains about what the practical consequences of the DSA a
 re for e-commerce\, and how the balance of interests will play out IP ow
 ners see the DSA as a step forward\, that gives e-commerce platforms gre
 ater responsibility. They believe that although it could have been more 
 ambitious\, it is an improvement on the status quo. The tech industry is
  globally satisfied\, insofar as the DSA incorporates the principle that
  digital service providers are immune from liability for the unlawful co
 ntent they host\, provided they were not aware it was unlawful or acted 
 promptly to remove or to block access to it once made aware. However\, t
 his principle is clarified in the DSA\, which adds new prohibitions and 
 highly restrictive obligations.\n\nThis table topic will be a good oppor
 tunity for anticipating and discussing these consequences.\n\n12. Underu
 tilized procedural methods for getting patents allowed in the U.S. and E
 urope and India\n\nIn recent years the U.S. Patent and Trademark Office 
 (USPTO) has introduced procedural programs and reforms that are designed
  to expedite\, simplify or improve examination for applicants. In simila
 r fashion to the USPTO\, the European Patent Office and Indian Patent Of
 fice have procedural programs that can be used as alternatives to normal
  patent examination. These programs\, when used properly\, can help appl
 icants achieve faster favourable outcomes.\n\n13. We are Running Out of 
 Trademarks – Combatting this Problem with New Forms of Trademark Protect
 ion\n\nDiscussion on how brand owners are protecting their valuable trad
 emark rights when it seems that all trademark options have been exhauste
 d. How do you advise clients and their marketing teams when every mark t
 hey consider is unavailable?\n\nAre more Non-Traditional Trademarks (NTM
 s) – a valuable addition\n\n14. This table will have two rotating topics
 \n\na. Space Arbitration\n\n\n	Available dispute resolution mechanisms (
 Claims Commission under the Liability Convention\; ITU\; ESA\; national 
 courts\; international arbitration)\n	The advantages of arbitration\n	Ne
 ed for promotion of the sector-specific arbitration rules\n	Arbitration 
 clauses in coordination agreements to ensure arbitrability of violations
 \n	Need for dispute resolution mechanisms for disputes relating to physi
 cal collisions\n\n\nb. Space Debris\n\nSpace Debris: the problem – crowd
 ing of earth orbit and growth of satellite numbers\, formation of debris
  and the need to solve the problem - ESA and UN solutions\n\nImpact on t
 he long-term use of space.\n\n15. This table will have two rotating topi
 cs\n\na. Fair Use\n\nThe development of fair use in the visual arts.\n\n
 From Tintin to Hopper\; The Andy Warhol Estate’s appeal against photogra
 pher Lynn Goldsmith\, the mandatory inclusion of “Pastiche” as an except
 ion to infringement in the EU Directive (EU) 2019/790 on copyright in th
 e Digital Single Market and more.\n\nb. Antiquities / Foreign State\n\nT
 he second topic concerns the impact of the litigation and now appeal of 
 Turkey’s lawsuit against Christie’s and collector Michael Steinhardt ove
 r the so-called “Stargazer” figurine. This lawsuit tests the boundaries 
 of sovereign actors asserting cultural property rights outside their bor
 ders but in the civil litigation context.\n\n16. "Fake News!" or Free Sp
 eech?\n\nWhether QAnon or Sputnik news\, vaccine scaremongering or hate 
 speech\, everyone is concerned about the spread misinformation and disin
 formation online. Are there circumstances where restrictions on speech o
 r bans on specific speakers can be justified? Can such restrictions be r
 econciled with national or international human rights regimes? Who gets 
 to decide what is fake or real? Members of the Media Law Committee look 
 forward to exploring these topics with you.\n
LOCATION:Room 228 AB\, Level 2
UID:5ee6ad1b-4655-44fb-bc83-7cddefe57bd8
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