IBA Annual Conference Mexico City 2024

15 Sep - 20 Sep 2024

PALACIO DE INTURBIDE 2 + 3, LEVEL E1

Session information

Hot topics in intellectual property, communications and technology law

Monday 16 September (1430 - 1730)

PALACIO DE INTURBIDE 2 + 3, LEVEL E1

Committee(s)

Art, Cultural Institutions and Heritage Law Committee (Lead)
Communications Law Committee (Lead)
Intellectual Property and Entertainment Law Committee (Lead)
Intellectual Property, Communications and Technology Section (Lead)
Media Law Committee (Lead)
Space Law Committee (Lead)
Technology Law Committee (Lead)

Description

This very dynamic and well-attended session enables you to select from a menu of hot topics in the IP, communications, media and technology sectors and participate in roundtable discussions.
 
Topics of current interest are selected to stimulate a lively debate. Moderators on each table introduce the table topic and the participants do the rest. Background knowledge or experience within areas for discussion is not required. Our menu will include hot and 'late breaking' topics in the areas of intellectual property law, internet law and mobile technologies, privacy and data protection, technology contracting and dispute resolution, arts law, media and space law.
 
Discussion is usually around the interface of law, business, technology and culture, with a global focus. Many topics for discussion are often the subject of considerable 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. 
 
The format is interactive networking.  The session will provide you with a great opportunity to meet many other lawyers and to discuss topics of mutual interest with them: don't forget your business cards, ecards and contact details to share. We welcome new participants in these discussions. 
 
The following topics will be discussed during the session, with the help of the respective moderators identified for each topic:

 


1. UPC - A review of the UPC one year on
The first year of the unified patent court has passed and we would like to take the opportunity to discuss some key takeaways and future developments.

Christophe Ronse
Hannah Tillus

Intellectual Property and Entertainment Law Committee

_ _ _ _

2. Don’t mind the AI behind the curtain 
Patent inventorship and disclosure issues. We know AI cannot be an inventor for patent purposes, but what is required when there is an AI assist.

Jeff Costelia
Deepa Tiku
Amrish Tiwari

Intellectual Property and Entertainment Law Committee

_ _ _ _

3.What is all this stuff? When did AI become my personal shopper?
A discussion on the effects AI will have on brands and consumer interactions with them.

Rebecca McDougall
Chris Jordan

Intellectual Property and Entertainment Law Committee

_ _ _ _

4. Personality as a Brand
Trademarking the name or likeness of a person. (e.g. image & publicity rights). Is it time for image rights?

Gloria Niembro
Alfred Meijboom
Andrea Fierros

Intellectual Property and Entertainment Law Committee

_ _ _ _

5. New EU regulation for non-agri geographical indications
(worldwide approaches towards GIs for non-agricultural products)

Sarah Drukarch
Ruben Hofmann

Intellectual Property and Entertainment Law Committee

_ _ _ _

6. AI and copyright: (un)fair use?
AI relies on the use of copyrighted works as a resource. Is this a copyright infringement? Do copyright exceptions apply? Does it make sense that the EU regulates AI on the basis of market access? Do the views in the US on fair use change as the AI market changes? What are the perspectives in other territories. 

Simone Lahorgue
Herman Croux
Gregor Bühler

Intellectual Property and Entertainment Law Committee

_ _ _ _

7. Navigating the Evolving Landscape of Cyber Security Regulations
In today's digital landscape, organisations face significant challenges in ensuring system and data security due to increasingly sophisticated cyber threats. Regulatory bodies have responded with frameworks like the EU's NIS 2 Directive and the Digital Operational Resilience Act (DORA), which expand the scope of covered entities and impose stringent security requirements. These regulations emphasise management's role in cybersecurity decision-making and necessitate proactive risk management, incident response, and reporting. This session will explore the key provisions of these regulations, best practices for compliance, and the evolving regulatory landscape to enhance organisational resilience against cyber threats.

Søren Skibsted
Joost Schmaal

Technology Law Committee

_ _ _ _

8. Hot topics in Tech M&A
This round table would include the discussion of current trends in M&A transactions in the technology sector. These transactions, which have been predominant during recent years, present changing standards relating to issues such as reps and warranties and their insurance, the use of AI, managing data and geographical differences.

Yuval Horn
Alethea Au

Technology Law Committee

_ _ _ _

9. AI Tables
(a) AI Governance – developing and using AI
This round table discussion will focus on AI governance under the EU AI Act. We will explore effective strategies for managing AI governance projects, including collaboration with clients and sharing best practices. The co-moderators will discuss challenges with regard to qualifying software as AI (AIS) or General Purpose AI models (GPAIM) under to the AI Act, classifying the risk levels of AI systems and identifying clients' roles as addressees of the AI Act . This session aims to share practical approaches and to exchange different AI legislation or ways of dealing with AI between the participants in the countries in which they operate.

Marlene Schreiber
Elizabeth Vestin
Elisa Henry


(b) Legal obligations applicable to AI developers, distributors and deployers
While recent legislation in the field of AI (particularly, the European AI Act) is focused at a great extent on so-called high risk AI systems, there exist a number of general legal duties which will be deemed applicable to any such system. Indeed, obligations related to transparency, explainability of decisions or human supervision will apply to any type of AI tool. Apart from those obligations, other ones deriving from different legal areas (such as personal data protection) shall also apply. The goal for this table would be letting attendants understand the minimum legal duties that any developer, distributor or deployer of AI systems must fulfill, regardless of its actual risk-qualification, and the best way to implement the corresponding measures. This would be done on a compared basis, taking into account different legal frameworks dealing with this type of technology.

Albert Agustinoy
Larissa Galimberti
Gustavo Giay

Technology Law Committee

_ _ _ _

10. A Transatlantic Dialogue: Legal Approaches to Automated Decision-Making
As automated decision-making continues to permeate industries like finance, healthcare, and public administration, understanding the legal implications becomes crucial for professionals navigating this space. Participants will gain insights into the requirements in Europe, including GDPR’s right to explanation and the risk-based regulatory proposals and the AI Act’s comprehensive approach to regulating AI systems; alongside the U.S.’s sector-specific approach and its emphasis on anti-discrimination measures. This roundtable will also compare relevant case law and the underlying reasons between the approaches to policymaking on automated decisions in the US, Europe, and other regions; how best to balance innovation with consumer protection, ensure ethical compliance, and potentially harmonise standards across jurisdictions.

Paulina Silva
Jessica Lee 
Erik Valgaeren

Technology Law Committee

_ _ _ _

11. How to stay compliant with ever-changing AI-related competition rules
AI is transforming markets (including the market for AI foundation models) and regulators are trying to react them as quickly as possible. In this dynamic environment, it may be difficult for businesses to stay on top all the changes and ensure that they are on the right side of the rules. This roundtable aims to discuss regulators’ responses to AI in the context of the EU’s Digital Markets Act (DMA) and the UK’s Digital Markets, Competition and Consumer Bill (DMCC). We will also look at the US approach and discuss how divergences between jurisdictions might affect cross-border businesses.

Nazli Cansin Karga 
Anne Vallery
Sam Feder
Guilherme Ribas

Technology Law Committee
Communications Law Committee

_ _ _ _

12. AI & Health
This table will explore the capabilities of AI-powered virtual assistants in providing health advice, reminding patients about medications, and remotely monitoring health conditions. This session will also address the challenges and solutions related to securing sensitive health data when using these AI systems, including data encryption and anonymisation techniques.

Doil Son
Paul Johns
Özge Atılgan Karakulak

Technology Law Committee
Intellectual Property and Entertainment Law Committee

_ _ _ _

13. Navigating Free Expression, Responsibility, and Cultural Sensitivity in Social Media and Technology
The digital landscape, while promoting free expression, poses challenges in balancing this freedom with responsibility, especially regarding cultural and ethical considerations. Section 230(c)(1) of the Communications Decency Act grants immunity to digital publishers, but issues arise when content moderation intersects with cultural sensitivity and protecting communities. This session will explore the dynamics of free speech, cultural sensitivity, and platform responsibility, including Section 230(c)(1)'s implications, case studies like Twitter[X]'s refusal to remove sensitive content, and the role of technologies like generative AI in content moderation.

Katarina Klaric 
Florencia Rosati
Lynda Zadra-Symes

Technology Law Committee
Intellectual Property and Entertainment Law Committee

_ _ _ _

14. Deglobalisation and its impact on the communication sector
This roundtable will look at growing FDI regimes, bans, security restrictions, etc. in a global context. 

Laurent De Muyter
Kensuke Inoue
Laurence Bary
Nana Adjoa Adobea Asante

Communications Law Committee

_ _ _ _

15. Improving global connectivity
This roundtable will look at new Technology (LEO, fiber, 6G etc.), legal/regulatory restrictions to data flows, and digital cooperation, in the context of the compute power revolution (Gen AI, Cloud computing, etc.).

Pascal Dutru
Innocenzo Genna
Nana Adjoa Adobea Asante

Communications Law Committee

_ _ _ _

16. Hot topics in Art Law 
The Vitruvian Man: Renaissance of Leonardo da Vinci’s copyright. Should museums use their collections as assets or share knowledge, in the spirit of enlightenment?

Steven Schindler

 

Restitution: Comment on the European court of human rights holding Italy is the rightful owner of Getty Museum bronze statue.

Xi Minjie

Art, Cultural Institutions and Heritage Law Committee

_ _ _ _

17. Parallels between TV formats and AI-created content
If it is not copyrightable, can we still monetise it, and how? 

Elizabeth Morley
Rajesh Sreenivasan

Media Law Committee

_ _ _ _

18. Hot topics in Space Law 
Sustainability of space activities – current and future.

Luca Laboni
Nana Adjoa Adobea Asante


Updates on Domestic space law, commercial rights for Space entrepreneurs, LEO and applications.

Laura Zielinski
Grace Nacimiento
Bob Calmes


Peaceful uses of space (military implications, defense/security issues).

Kevin Pomfret
Salvador Rodríguez Artacho


Power sources – micro nuclear reactors designed for space activity – mining on the moon.

Paul Monaghan
John Caruso

Space Law Committee
 

Session / Workshop Chair(s)

Elisa Henry WSP Global Inc, Montreal, Québec, Canada; Vice Chair, Technology Law Committee
Eileen O'Gorman Gleeson McGrath Baldwin Solicitors, Dublin, Ireland; Co-Chair, Intellectual Property and Entertainment Law Committee

Speakers

Albert Agustinoy Cuatrecasas, Barcelona, Spain; Vice Chair, Technology Law Committee
Nana Adjoa Asante National Communications Authority, Accra, Ghana; African Regional Forum Liaison Officer, Communications Law Committee
Özge Atilgan Karakulak Gün + Partners, Istanbul, Turkey; Member, Intellectual Property and Entertainment Law Committee Advisory Board
Alethea Au Stikeman Elliott, Toronto, Ontario, Canada
Laurence Bary Diversity and Inclusion Officer, Communications Law Committee
Gregor Buehler Homburger AG, Zürich, Switzerland; Member, Intellectual Property and Entertainment Law Committee Advisory Board
Bob Calmes Arendt & Medernach, Luxembourg City, Luxembourg; Diversity and Inclusion Officer, Space Law Committee
John Caruso Minicozzi Lawyers, Adelaide, South Australia, Australia; Conference Quality Officer, Space Law Committee
Jeffrey Costellia Nixon Peabody LLP, Washington, District of Columbia, USA; Vice Chair, Intellectual Property and Entertainment Law Committee
Herman Croux MVVP, Brussels, Belgium; Member, Intellectual Property and Entertainment Law Committee Advisory Board
Laurent De Muyter Jones Day, Brussels, Belgium; Co-Chair, Communications Law Committee
Sarah Drukarch Pestalozzi Attorneys at Law Ltd, Zürich, Switzerland; WIPO Liaison, Intellectual Property and Entertainment Law Committee
Pascal Dutru Ministry of Communication and IT, Doha, Qatar; Co-Chair, Communications Law Committee
Sam Feder Jenner & Block, Washington, District of Columbia, USA; Vice Chair, Communications Law Committee
Andrea Fierros Netflix, Mexico City, Mexico
Larissa Galimberti Pinheiro Neto Advogados, São Paulo, Brazil; Chair, Cybersecurity Subcommitee
Gustavo Giay Marval O'Farrell Mairal, Buenos Aires, Argentina; Senior Vice Chair, Technology Law Committee
Clara-Ann Gordon Niederer Kraft Frey AG, Zürich, Switzerland; Co-Chair, Online Services Committee
Elisa Henry WSP Global Inc, Montreal, Québec, Canada; Vice Chair, Technology Law Committee
Ruben A Hofmann HEUKING, Cologne, Germany; Chair, IP Transactions and Technology Transfer Subcommittee
Yuval Horn Horn & Co, Tel Aviv, Israel; Member, Technology Law Committee Advisory Board
Luca Iaboni Alpeggiani Avvocati Associati, Milano, Italy; Website Officer, Space Law Committee
Kensuke Inoue Anderson Mori & Tomotsune, Tokyo, Japan; Website Officer, Communications Law Committee
Paul Johns Pearce IP, Wellington, New Zealand
Chris Jordan Davies Collison Cave Law, Melbourne, Victoria, Australia; Member, Intellectual Property and Entertainment Law Committee Advisory Board
Nazli Cansin Karga Dentons, Glasgow, Scotland; Membership Officer - Young Lawyers, Technology Law Committee
Katarina Klaric Stephens Lawyers & Consultants, Melbourne, Victoria, Australia; Chair, Technology Disputes Subcommittee
Simone Lahorgue Nunes Lahorgue Advogadas Associadas , Rio de Janeiro, Brazil; Member, Technology Law Committee Advisory Board
Jessica Lee Loeb & Loeb, New York, New York, USA; Diversity and Inclusion Officer, Technology Law Committee
Rebecca McDougall Morgan Lewis & Bockius, Washington, District of Columbia, USA; Publications Officer, Intellectual Property and Entertainment Law Committee
Alfred Meijboom Kennedy Van der Laan , Amsterdam, Netherlands; Co-Chair, Intellectual Property and Entertainment Law Committee
Paul Monaghan Law Society of New South Wales, Sydney, New South Wales, Australia; Chair, Space Law Committee
Elizabeth Morley Howard Kennedy LLP, London, England; Diversity and Inclusion Officer, Media Law Committee
Grace Nacimiento GvW Graf von Westphalen, Düsseldorf, Germany; Member, Space Law Advisory Board
Gloria Niembro Chevez Ruiz Zamarripa, Mexico City, Mexico; Vice Chair, Trademark Law Subcommittee
Kevin Pomfret Williams Mullen, Mc Lean, Virginia, USA
Guilherme Ribas TozziniFreire Advogados, São Paulo, Brazil; Treasurer, Communications Law Committee
Christophe Ronse Altius, Brussels, Belgium; Chair, Patent Law Subcommittee
Florencia Rosati Beccar Varela, Buenos Aires, Argentina; Vice Chair, Technology Disputes Subcommittee
Steven Schindler Schindler Cohen & Hochman, New York, New York, USA; Treasurer, Art, Cultural Institutions and Heritage Law Committee
Joost Schmaal Kennedy Van der Laan, Amsterdam, Netherlands; Chair, Life Sciences Subcommittee
Marlene Schreiber HÄRTING Rechtsanwälte, Berlin, Germany; Vice Chair, Technology Law Committee
Paulina Silva Bitlaw, Santiago, Chile; Publications Officer, Technology Law Committee
Søren Skibsted Kromann Reumert, Copenhagen, Denmark; Member, Technology Law Committee Advisory Board
Doil Son Yulchon LLC, Seoul, South Korea; Co-Chair, Technology Law Committee
Rajesh Sreenivasan Rajah & Tann Singapore, Singapore, Singapore; Scholarship Officer, Media Law Committee
Deepa Tiku K&S Partners, Gurgaon, Haryana, India; Vice Chair, Patent Law Subcommittee
Hanna Tilus Cirio, Stockholm, Sweden; Scholarship Officer, Intellectual Property and Entertainment Law Committee
Amrish Tiwari K&S Partners, New Delhi, Delhi, India; Chair, Artificial Intelligence and Robotics Subcommittee
Erik Valgaeren Stibbe, Brussels, Belgium
Anne Vallery WilmerHale, Brussels, Belgium; Member, Communications Law Committee Advisory Board
Elisabeth Vestin Snellman, Stockholm, Sweden; Website Officer, Technology Law Committee
Angell Xi Jingtian & Gongcheng, Shanghai, China
Lynda Zadra-Symes Knobbe Martens, Irvine, California, USA; Co-Chair, Regional Fora Coordination Committee
Laura Yvonne Zielinski Holland & Knight, Mexico City, Mexico; Secretary-Treasurer, Space Law Committee