IBA Annual Conference Toronto 2025
2 Nov - 7 Nov 2025
Session information
Hot topics in intellectual property, communications and technology
Monday 3 November (1430 - 1730)
Committee(s)
Intellectual Property, Communications and Technology Section
(Lead)
Art, Cultural Institutions and Heritage Law Committee
Communications Law Committee
Intellectual Property and Entertainment Law Committee
Media Law Committee
Space Law Committee
Technology Law Committee
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.
Rotations
We will start with a brief introduction and have 3 rotations of 45 minutes each, with a break of 5 minutes between each rotation for people to wrap up discussions.
Session Co-Chairs: Eileen O’Gorman, Elisa Henry
The following topics will be discussed during the session, with the help of the respective moderators identified for each topic:
Topic 1:
The battle of IP
Which IP right - trademark, patent, copyright or design - gives you the best licensing play?
Table moderators: Camille Aubin, Sebastien Heim, Kelley Loo
Topic 2:
Look-alike products: are brand owners making a comeback?
This topic will cover some recent cases in several jurisdictions, including the recent UK cases of Thatcher’s v Aldi, Marks & Spencer v Aldi, and the Australian case of Hampden v Aldi, where brand owners have successfully used IP rights to stop look-alike and dupe products.
Table moderators: Hanna Tilus, Andrew Lustigman, Rebecca Dunn
Topic 3:
Geopolitical tensions and IP: from sanctions to technology transfer controls
A discussion on how trade restrictions, sanctions, and national security concerns impact IP strategy, licensing, and cross-border enforcement worldwide.
Table moderators: Sarah Drukarch, Jeffrey L Costellia
Topic 4:
Litigation funds in IP-contentious landscapes
High stakes patent litigation is particularly expensive, even when compared to other types of IP litigation. These cases rely heavily on expert evidence, which adds significant expense to legal fees. This is particularly true in the Anglo-Saxon jurisdictions, where recent data suggests that one-third of patent litigations are funded through third-party financing. Third-party financing will likely become more popular for patent litigation in Europe as well, given the expense of litigating UPC cases and the potential for jackpots arising out of pan-European damages assessments. It is increasingly popular for certain types of copyrights cases and could be of interest in class-action suits.
The experienced moderators will explore the status and prevalence of IP litigation financing in different jurisdictions, drawing on the experience of the participants who will share their experiences and insights. We will address ethical issues for lawyers, the impact financing can have on discovery, and whether it can affect valuations of patents by the courts, the impact it can have on determining who the true party with an interest in the litigation is, witness bias issues and regulatory frameworks, potential for abuse, among many other issues.
Table moderators: Francesca Ferrero, Bob Sotiriadis, Eduardo Arana Ramirez
Topic 5:
Jurisdiction without borders - cross-border IP litigation. Examining the long arm of European courts - the Electrolux effect
In this topic we will discuss the evolving reach of European courts in cross-border disputes, with a focus on recent long-arm jurisdiction rulings such as the Electrolux case and their implications for global litigants.
Table moderators: Özge Atılgan Karakulak, Ping Gu
Topic 6:
The future of lawyering: AI, innovation, and being human
The future of the legal profession isn’t just about AI, it’s about everything changing around it. From the rise of legal automation to shifting client demands, new service models, regulatory reforms, and the increasing importance of lawyer well-being, lawyering is being redefined from every angle.
This roundtable seeks to bring together lawyers across practice areas to discuss how we adapt to new tools, but also how we rethink our role as trusted advisors, ethical actors, and strategic thinkers in a constantly evolving world. What skills will tomorrow’s lawyers need? How do we deliver value in new ways? And how do we stay true to the core of our profession—even as everything around us changes?
Table moderators: Paulina Silva, Stefan Weidert
Topic 7:
Weaponising AI: legal challenges in defence and human rights protection
As defence sectors increasingly adopt artificial intelligence for surveillance, autonomous systems, and combat operations, legal frameworks are struggling to keep pace. This panel examines the critical legal questions surrounding the weaponisation of AI, including compliance with international humanitarian law, state responsibility for autonomous actions, and the protection of fundamental human rights during armed conflict. Legal experts will discuss the accountability in AI-enabled warfare, the challenges of enforcing human oversight, and the urgent need for frameworks and treaties to regulate emerging military technologies.
Table moderators: Doil Son, Nazar Chernyavsky
Topic 8:
Training and using gen-AI Models: intersections between the AI Act, intellectual property rights, and personal data protection
This table will discuss how the AI Act mandates transparency in AI systems, the potential for AI to be used in creating counterfeit products, and the risks of personal data breaches associated with AI technologies. The session aims to provide insights into the legal and regulatory challenges posed by these issues and offer strategies for mitigating associated risks.
Table moderators: Raphael Dana, Alexandra Neri, Simone Lahorgue Nunes, Marlene Schreiber
Topic 9:
Two-in-one: unlocking AI compliance through existing laws
In this roundtable, we'll explore internal compliance policies which regulate the use of AI. We will discuss how non-AI-specific laws, like data protection, cybersecurity, or medical device legislation can be leveraged to address AI Act compliance and broader AI use issues. By identifying synergies between existing risk assessments (e.g., DPIAs, cybersecurity, or medical device evaluations) and AI Act requirements, we'll demonstrate how to streamline compliance and deliver business value.
Table moderators: Yuval Horn, Elisabeth Vestin, Hannah Mugler
Topic 10:
EU Data Act – user rights to machine data
The EU Data Act marks a paradigm shift in how data from connected products and machines is handled. Starting in September 2025, all data generated during the use of a connected product, whether personal or non-personal, will belong to the user. OEMs will no longer have unrestricted access to this data. Instead, they must obtain explicit permission from users, typically in the form of a data-sharing agreement. This is not another data protection law. The Data Act aims to unlock the value of machine-generated data as a non-rivalrous asset, promoting innovation, competition, and the development of new business models. It is particularly aimed at the B2B-sector.
Topics for discussion:
- How can OEMs adapt to the new legal landscape?
- What new business models could emerge under the Data Act?
- How can users exercise their new rights to access data?
- Cloud switching made easy – what are the new rules?
Table moderators: Martin Schirmbacher, Marc Hilber
Topic 11:
AI-generated content labelling
This panel will discuss AI-generated content labelling, focusing on the regulatory approaches taken by China, the EU, and the US. It will foster a broader discussion on how other jurisdictions might address this issue, providing insights into the legal and regulatory challenges and offering strategies for mitigating associated risks.
Table moderators: Florencia Rosati, Erik Valgaeren, Sharon R. Klein
Topic 12:
Platform vs sovereign states: who’s the boss for communications infrastructure?
PENDING DESCRIPTION
Table moderators: Pascal Dutru, Christopher Millard, Kensuke Inoue
Topic 13:
What works best? Different approaches to regulating digital platforms across the globe
This roundtable will discuss the different approaches to regulating digital platforms that have been taken in different jurisdictions around the world. Topics will focus on whether sector specific regulation such as the EU’s Digital Markets Act (DMA) is necessary and whether it has the intended effects, or whether other laws, such as existing competition and consumer protection laws, are adequate to address market failures or consumer harms. Another area for debate will be whether regulatory focus should be on areas such as AI or the protection of minors, and how digital platforms regulation, if required at all, may be future proofed to address rapidly evolving technologies.
Table moderators: Innocenzo Genna, Violetta Kunze, Angela Flannery
Topic 14:
Mission: impossible – regulating truth without censorship
The topic will explore the legal tools used by countries use to regulate truth-telling in the media as well as the line to be drawn between demanding reliable and responsible reporting of the news and imposing censorship.
Table moderators: Gaurav G. Arora, Robert Balin, Dr. Anna Beke-Martos, Rajesh Sreenivasan
Topic 15:
The use of AI in art authentication and art appraisals
This table will discuss copyright protection of art created with AI.
Table moderators: Amelia Brankov, Massimo Sterpi
Topic 16:
IP rights in space / The use of AI in space / Militarisation of space
PENDING DESCRIPTION
Table moderators: Nana Adjoa Adobea Asante, Luca Iaboni, Paul Monaghan
Session / Workshop Chair(s)
Elisa Henry | WSP Global Inc, Montreal, Québec, Canada; Senior Vice Chair, Technology Law Committee |
Eileen O'Gorman | Gleeson McGrath Baldwin Solicitors, Dublin, Ireland; Co-Chair, Intellectual Property and Entertainment Law Committee |
Speakers
Gaurav Arora | JSA, Gurgaon, Haryana, India; Website Officer, Media Law Committee |
Nana Adjoa Adobea Asante | Afrimore Advisors, Accra, Ghana; Newsletter Officer, Space Law Committee |
Özge Atilgan Karakulak | Gün + Partners, Istanbul, Turkey; Member, Intellectual Property and Entertainment Law Committee Advisory Board |
Camille Aubin | Robic, Montréal, Québec, Canada; Vice Chair, Trademark Law Subcommittee |
Robert Balin | Davis Wright Tremaine, New York, New York, USA; Member, Media Law Committee Advisory Board |
Anna Beke-Martos | Law Office of Dr Anna Beke-Martos, Budapest, Hungary; Publications Officer, Media Law Committee |
Amelia Brankov | Brankov PLLC, New York, New York, USA; Secretary, Art, Cultural Institutions and Heritage Law Committee |
Nazar Chernyavsky | Sayenko Kharenko, Kyiv, Ukraine; Co-Chair, Technology Law Committee |
Jeffrey Costellia | Nixon Peabody LLP, Washington, District of Columbia, USA; Senior Vice Chair, Intellectual Property and Entertainment Law Committee |
Raphaël Dana | Dana Associés, Paris, France; Chair, Fintech Subcommittee |
Sarah Drukarch | Pestalozzi Attorneys at Law Ltd, Zürich, Switzerland; WIPO Liaison, Intellectual Property and Entertainment Law Committee |
Rebecca Dunn | Gilbert + Tobin, Barangaroo, New South Wales, Australia |
Pascal Dutru | Ministry of Communication and IT, Doha, Qatar; Co-Chair, Communications Law Committee |
Francesca Ferrero | Trevisan & Cuonzo, Milan, Italy; Senior Vice Chair, Intellectual Property and Entertainment Law Committee |
Angela Flannery | Quay Law Partners, Sydney, New South Wales, Australia; Co-Chair, Communications Law Committee |
Innocenzo Genna | Dipartimento per la Trasformazione Digitale, Naples, Italy; Vice Chair, Communications Law Committee |
Ping Gu | Zhong Lun, Beijing, China |
Dr Sebastian Heim | GvW Graf von Westphalen, Munich, Germany; Chair, IP Transactions and Technology Transfer Subcommittee |
Marc Hilber | Oppenhoff & Partner RAe StB mbB, Cologne, Germany; Member, Technology Law Committee Advisory Board |
Yuval Horn | Gornitzky & Co, Tel Aviv, Israel; Member, Technology Law Committee Advisory Board |
Luca Iaboni | Alpeggiani Avvocati Associati, Milano, Italy; Conference Quality Officer, Space Law Committee |
Kensuke Inoue | Anderson Mori & Tomotsune, Tokyo, Japan; Website Officer, Communications Law Committee |
Sharon Klein | Blank Rome, Los Angeles, California, USA; Vice Chair, Technology Disputes Subcommittee |
Violetta Kunze | Djingov Gouginski Kyutchukov & Velichkov, Sofia, Bulgaria; Member, Communications Law Committee Advisory Board |
Simone Lahorgue Nunes | Lahorgue Advogadas Associadas , Rio de Janeiro, Brazil; Member, Technology Law Committee Advisory Board |
Kelley Loo | Deacons, Central, Hong Kong SAR |
Andrew Lustigman | Olshan Frome Wolosky, New York, New York, USA; Treasurer, Intellectual Property and Entertainment Law Committee |
Professor Christopher Millard | Queen Mary University of London, London, England |
Paul Monaghan | Law Society of New South Wales, Sydney, New South Wales, Australia; Member, Space Law Advisory Board |
Hannah Mugler | SKW Schwarz, Berlin, Germany |
Alexandra Neri | HSF Kramer, Paris, France; Member, Intellectual Property and Entertainment Law Committee Advisory Board |
Eduardo Ramirez | Olivares, Mexico City, Mexico |
Florencia Rosati | Beccar Varela, Buenos Aires, Argentina; Co-Chair, Technology Disputes Subcommittee |
Martin Schirmbacher | HÄRTING Rechtsanwälte, Berlin, Germany; Member, Technology Law Committee Advisory Board |
Marlene Schreiber | HÄRTING Rechtsanwälte, Berlin, Germany; Vice Chair, Technology Law Committee |
Paulina Silva | Bitlaw, Santiago, Chile; Vice Chair, Technology Law Committee |
Doil Son | Yulchon LLC, Seoul, South Korea; LPD Council Member, LPD Council |
Bob Sotiriadis | Robic, Montréal, Québec, Canada; Member, Intellectual Property and Entertainment Law Committee Advisory Board |
Rajesh Sreenivasan | Rajah & Tann Singapore, Singapore, Singapore; Scholarship Officer, Media Law Committee |
Massimo Sterpi | Gianni & Origoni, Rome, Italy |
Hanna Tilus | Cirio, Stockholm, Sweden; Scholarship Officer, Intellectual Property and Entertainment Law Committee |
Erik Valgaeren | Stibbe, Brussels, Belgium |
Elisabeth Vestin | Snellman, Stockholm, Sweden; Scholarship Officer, Technology Law Committee |
Stefan Weidert | Gleiss Lutz, Berlin, Germany; Member, Technology Law Committee Advisory Board |