EPP Group Public Hearing - Lydian · PDF fileFraktion der Europäischen Volkspartei...

Fraktion der Europäischen Volkspartei (Christdemokraten) im Europäischen ParlamentGroup of the European People's Party (Christian Democrats) in the European ParliamentGroupe du Parti Populaire Européen (Démocrates-Chrétiens) au Parlement européen

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Background Informat ion

EPP Group Public Hearing

The European Trademark System in the 21 century

EPP GROUP HEARING

Wednesday, 11 January 201214.30-18.00

European Parliament, BrusselsRoom JAN 6Q2

Interpretation: FR DE IT EN ES

Since the beginning of the European Community undistorted competition belongs to the goals among the list of objectives in the EC Treaty. It requires a strong and firm protection of trademarks that takes into account the interests of the trade mark holders and the interests of competition, at the same time protecting the interest of consumers. Trademarks enable to distinguish a product from its competitors and therefore provide an incentive for entrepreneurs to invest in quality, and to increase the variety of commodities offered.

One of the core elements in European trademark law is the principle of coexistence. The proper balance between the Community system and the national trade mark systems is considered vital for the coexistence and the functioning of the European trademark system. However, it remains open what proper balance in this context means. The frequency and effects of trade mark litigation in Europe also remain to be investigated. The expansion of the World Wide Web has led also to an expansion in trademark infringement claims and lawsuits involving the Internet. These recent developments gave a new perspective to the existing system and the way forward should be investigated thoroughly. In the first quarter of 2012, the Commission plans to come forward with the revision of the Community trademarks legal framework to reflect the latest developments occurred in this field in the last decade.



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Programme

The European Trademark System in the 21 century

EPP GROUP HEARING

Wednesday, 11 January 201214.30-18.00

European Parliament, BrusselsRoom JAN 6Q2

Interpretation: FR DE IT EN ES

14.30-14.40 - Opening remarks by Marielle GALLO, MEP

14.40-15.10 - Panel 1: Practical aspects of trademarks-latest trends.Why is trademark important to the economy

Chair: Mrs. Marielle GALLO, MEP

Ms Margot FröhlingerDirector - Directorate Intellectual Property, DG Internal Market Services, European Commission

Mr Fabrice ClaireauDirecteur des Affaires Juridiques et internationales, INPI (National Industrial Property Institute, France)

Ms Annick Mottet HaugaardECTA President - ECTA (European Communities Trademark Association), partner LYDIAN (Belgian Law firm)

15.10-15.30 - Questions and answers

15.30-16.00 - Panel 2: EU Trademark System Review- Tackling latest challenges

Chair: Marielle GALLO, MEP

Mr João NegrãoDirector of the International Affairs and Legal Department of the OHIM (Office of Harmonisation for the Internal Market)



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Prof. Dr. Christian RohnkePartner, White & Case LLP (Trademark attorney)

Ms Nunzia VarricchioChair of Marques CouncilMarques (Association of European Trade Mark Owners)

16.00 - 16.20 - Questions and answers

16.20-17.10 - Panel 3: Trademarks and the Internet

Chair: Mr Tadeusz Zwiefka MEP, EPP-Coordinator in the Legal Affairs Committee

Dr Katarzyna Lasota Heller MIH Group - European Regulatory Affairs

Mr Jean BergevinHead of Unit - Fight against Counterfeiting and PiracyDirectorate D - Intellectual property, DG Internal Market and Services, European Commission

Ms Valerie SonnierLVMH - Global Intellectual Property Director for Louis Vuitton

Mr Karim Antonio LesinaAT&T - Executive Director, International External AffairsEU, Caribbean, Central and Latin America

17.10-17.50 - Questions and answers

17.50-18.00 - Closing remarks by Tadeusz Zwiefka MEP, EPP-Coordinator in the Legal Affairs Committee



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Biographical details of speakers

Marielle GALLO

Position: Member of the European Parliament

Organisation: European Parliament

Postgraduate diploma (DEA) in general private law, Paris I (1977). Diploma to practise as a

lawyer, Paris (1978).

Lawyer practising in Paris (since 4 October 1978).

Member of the Gauche Moderne (Modern Left) national bureau (2008). Spokesperson for

Gauche Moderne (2009).

Author of eight novels published under the name Marielle GALLET.

Tadeusz ZWIEFKA

Position: Member of the European Parliament

Organisation: European Parliament

Master's in law, Adam Mickiewicz University in Poznań (1979).

Legal adviser to the Special Machine Tools Factory in Poznań (1979-1981). Reporter for TVP

Poznań; editor-in-chief of TVP Poznań local programming; presenter of the 'Wiadomości' news

programme on TVP 1; manager of TVP Szczecin; editor and presenter of 'W centrum uwagi' on

TVP 1 (1982-1998). Marketing director, 'Sunset Suits' (1998-2000). Telewizja Polska SA - editor

and presenter of 'Telekurier' on TVP 3 (2000-2004).

Member of the Civic Platform National Executive (2004).

Member of the European Parliament (2004-2009).

Member of the Board of the Hipolit Cegielski Society. Spokesman for 'Stowarzyszenie Pomocy

Mieszkaniowej dla Sierot', an association providing housing assistance to orphans.

Bronze Cross of Merit of the Republic of Poland. Commander's Cross of the Order of St Stanislas.



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Panel 1: Practical aspects of trademarks-latest trends.Why is trademark important to the economy

Margot FRÖHLINGER

Position: Director, DG Internal Market, Directorate D, Intellectual Property

Organisation: European Commission

Margot Fröhlinger graduated from Saarbrücken University with a law degree in 1976. Her post-graduate qualifications consist of the German professional law qualification (1979) and a Doctorate in law from the Trier University (1981).

From 1979 to 1983 she worked as senior assistant and lecturer in Constitutional, Administrative and European law at the Trier University. From 1983 to 1987 she was a judge at several Courts in Germany. In 1987 she joined the Commission of the European Communities, where she held different posts in the Directorate General for Competition and in the DG Internal Market and Services.

Since 2007, she is Director of the Directorate dealing with Intellectual Property where she is in charge of copyright and related rights, of industrial property including trademarks and patents and of the fight against counterfeiting and piracy.

Fabrice CLAIREAU

Position: Directeur des Affaires Juridiques et internationales

Organisation: INPI (National Industrial Property Institute, France)

Fabrice CLAIREAU est Directeur des affaires juridiques et internationales de l’Institut national de la Propriété Industrielle (INPI) depuis juin 2005.

Après avoir exercé des fonctions à la Commission européenne et à la Direction Générale d’EDF, il a rejoint en 1995 le Secrétariat Général des Affaires Européennes (SGAE – service du Premier Ministre) en qualité d’adjoint du Conseiller Juridique du SGAE compétent pour les dossiers institutionnels, de concurrence et d’aide d’Etat, de propriété industrielle.

Il a participé à l’élaboration des textes communautaires et assuré la gestion du contentieux initié devant la Cour de Justice dans le domaine de la propriété industrielle.



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Annick MOTTET HAUGAARD,

Position: President of ECTA (European Communities Trade Mark Association), Partner at LYDIAN (Belgian Law firm)

Organisation: ECTA, LYDIAN

Graduated with a degree in law in 1987 from the University of Liège, Annick obtained in 1988 a Postgraduate diploma in Advanced European Studies at the College of Europe in Bruges. She subsequently worked for two years as trainee lawyer and assistant in criminal procedure with Professor Franchimont at the University of Liège. In 1990, she joined the law firm Stibbe, where she becamepartner on 1 January 2000. In 2006 she joined Lydian as a partner, head of the IP team.

Annick is a reputed Belgian expert in intellectual property law. All reputed Legal Guides recommend her in this area : ‘Great technical expertise, in depth advice, proactive manner and top organisational skills.’ (Chambers Europe 2010).

Annick's pratice encompasses the full range of areas linked to the launching and marketing of products and services, including intellectual property and in particular trade marks, distribution, franchising, advertising, consumer protection and privacy issues. She acts for numerous prestigious international companies and works on referrals from the world’s most prestigious law firms. She has solid experience in litigation and negotiations, including with authorities.

Since January 2010, Annick is a member of the Belgian Council for Intellectual Property. In June 2010, she was also appointed President of the European Communities Trade Mark Association (ECTA). She has been an active member of its Anti-Counterfeiting Committee since 2000.

She is also a member of the International Trademark Association (INTA), the International Association for the Protection of Intellectual Property Law (AIPPI), the French Association des Praticiens du Droit des Marques et des Modèles (APRAM) and the International League of Competition Law (LIDC).

She is regularly invited to speak on trade mark and distribution issues before international audience.



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Panel 2: EU Trademark System Review- Tackling latest challenges

João NEGRÃO

Position: Director of the International Affairs and Legal Department of the OHIM

Organisation: OHIM (Office of Harmonisation for the Internal Market)

Mr NEGRÃO is of Portuguese nationality. He holds a degree in International Relations (Lusiada University, Lisbon), specialist degrees in Diplomacy and in Official State Protocol and a High Level Course on Public Administration Management (National Institute of Administration).

Mr. Negrão also completed a number of IP related courses, namely a General course on IP at the WIPO Worldwide Academy and a specialised course on the practice and functioning of the IP system in the USA given by the USPTO.

Mr. Negrão has held positions within the Ministry of Foreign Affairs/General Directorate for EU Affairs and in the Presidency of the Council of Ministers.

Before joining OHIM he worked at the Portuguese National Institute of Industrial Property/Ministry of Justice, initially within the International Relations Cabinet and from 2004 as its Head of Cabinet. He was then appointed as Director of International Relations and Promotion of Innovation.

In October 2010 he joined OHIM as Head of Cabinet at OHIM and in July 2011 he became Director of the International Cooperation and Legal Affairs Department.

Prof. Dr. Christian ROHNKE

Position: Partner (Trademark attorney)

Organisation: Partner, White & Case LLP

Education

1978 – 1983 Law Schools of Munich, Germany and Geneva, SwitzerlandFirst Law Degree (Referendar-Examen) Munich1983



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1983 – 1984 University of Texas at Austin School of Law, Fulbright Scholar

1984 Graduated Master of Comparative Jurisprudence

1984 New York Bar Exam, Admitted in New York since 1985

1986 Doctor juris, Munich University Law SchoolDissertation on Codes of Conduct for Transnational EnterprisesGrade “magna cum laude”

1987 Second Law Degree (Assessor-Examen), MunichAdmitted to German courts since 1988 as Rechtsanwalt

Career History

1984 – 1987 Referendar - Internships included German Patent Office and Federal Cartel OfficeResarch Assistant, Stever & Beiten (now Beiten, Burkhardt), Munich

1987 Summer Associate, Whitman & Ransom, New York

1987 – 1990 Rechtsanwalt, Storch, Schwanhäusser & Partner (now Grünecker), Munich

1990 Partner in the firm

1991 Rechtsanwalt, Ohle Hansen Ewerwahn, Hamburg, In charge of creating IP department

1992 Partner, Feddersen Laue Scherzberg & Ohle Hansen Ewerwahn, Hamburg

1993 – 1996 Lecturer on media law, University of Jena

since 1997 Lecturer on patent law, Hamburg Institute of Technology

since 2000 Partner, White & Case LLP, Exectutive Partner, Hamburg office

since 2003 Professor, Hamburg Institute of Technology

Nunzia VARRICCHIO

Position: Chair of Marques Council

Organisation: Marques (Association of European Trade Mark Owners)

Chair of MARQUES Council and Senior Trademark Counsel for DSM, a global science based company, active in health, nutrition and materials.

More than 20 years of in-house IP experience. She specializes in the strategic management of acquired portfolios and the development of internal IP resources.



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16.20-17.10 - Panel 3: Trademarks and the Internet

Dr Katarzyna LASOTA HELLER

Position: European Regulatory Affairs

Organisation: MIH Group

Dr. Katarzyna Lasota Heller has been dealing with legal issues connected with the Internet for more than 11 years. She is a qualified lawyer in Poland and in Switzerland.

She wrote and defended her doctoral thesis on consumers on the Internet at the Max Planck Institute in Munich. She also completed postgraduate studies (LL.M.) in the United States, specialising in issues related Internet business models and Protection of Intellectual Property in the Internet.

Having worked for a number of international law firms and consulting companies in Germany, Austria and Poland, Dr. Lasota Heller currently manages the Legal Compliance Programme at the MIH/Naspers Group, and is responsible for dozens of companies operating worldwide.

At the European Union level, Dr Lasota Heller represents the MIH/Naspers Group before the authorities of the European Union and the Member States, and enters into dialogue with other participants on the electronic market. As vice-president of the European Digital Media Association, Dr Lasota Heller actively promotes the removal of barriers in the European Internal Market, primarily in the areas of e-commerce, digitization and innovation.

In addition, Dr Lasota Heller is a lecturer in International Intellectual Property Law at the Kozminski University in Warsaw. She is fluent in Polish, English and German, and has a working knowledge of French.



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Jean BERGEVIN

Position: Head of Unit - Fight against Counterfeiting and Piracy Directorate D - Intellectual property

Organisation: DG Internal Market and Services, European Commission

Jean Bergevin was born and educated in the UK. He graduated with a BA in Economics and French in 1981. His post-graduate qualifications consist of a MA in Economics and a PhD on the Economic Analysis of the industrial market for electricity in the UK.

In 1986 he was recruited to IEA Coal Research as an economist to study the international industrial market for coal.

In 1988 he was recruited as an economic adviser at the DTI (UK Department of Trade and Industry) where he worked in a Market Assessment Unit covering numerous heavy industries and notably the steel and chemicals sectors.

In 1989 he joined the European Commission as a policy officer in the Directorate General for Economic and Financial Affairs where he was involved in the analysis of firms’ strategies in the Internal Market. He also acted as this Directorate General's contact point for Competition policy and worked closely with the team who established the Merger Task Force in DG Competition.

Since October 1991 he has been working in the Directorate General for the Internal Market and Services (DG MARKT). He was a member of policy Units dealing with media, commercial communication, e-commerce and services in the Internal Market between 1991 and 2004. He was involved with the preparation of the Commission Green Paper on commercial communications in the Internal Market in 1996, the 1998 Commission Communication on this same issue and the Commission Proposal for a Regulation on Sales Promotion adopted in 2001.

In June 2004 he was appointed as the Head of Unit of DG MARKT E-2 (Retail and Information Services). This Unit was responsible for applying Internal Market law to distributive trade services, commercial communication services, media services, technical testing/accreditation services and gambling services. It was also responsible for the e-commerce and conditional access directives and for the evaluation of notifications of new national information society rules falling under directive 98/34. The Unit prepared the Commission's second implementation Report on the Conditional Access directive in 2008 , the Commission's Retail Market Monitoring report in 2010 and the Commission Green paper on on-line gambling services in 2011.

In April, 2011 he was appointed to his current position as the Head of Unit of MARKT D3 (Fight against Counterfeiting and Piracy). This Unit is responsible for the application of Directive 2004/98/EC on the enforcement of IPR and the review of that text foreseen in 2012. It is negotiating the proposed Regulation of the Commission to establish the Observatory on Counterfeiting and Piracy within OHIM and is developing stakeholder dialogues seeking to establish agreements to improve IPR enforcement such as the MoU on the sale of counterfeit goods that was signed in Brussels in May 2011. The Unit is also involved in preparatory work on improving the enforcement of trade secrets and against lookalikes in the EU.



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Valerie SONNIER

Position: Global Intellectual Property Director for Louis Vuitton

Organisation: LVMH

Valerie Sonnier is a French citizen and currently serves as Global Intellectual Property Director of Louis Vuitton for LVMH Group. Prior to her current role, she among others worked as Director of Trademark and Internet Department for the group Decathlon, and as Intellectual Property Director for the group Bic .

Karim Antonio LESINA

Position: Executive Director, International External Affairs EU, Caribbean, Central and Latin America

Organisation: AT&T

Karim Antonio Lesina is the Executive Director of AT&T, covering International External Affairs for the EU, Caribbean, Central and Latin America Regions. In this role he leads AT&T's advocacy in those regions. He is also the Chair of the Presidency Group and of the Digital Economy Committee of the American Chamber of Commerce to the EU. He also represents AT&T in different associations such as ETNO, GSMA and ECTA.

Prior to joining AT&T, Karim held senior positions with another leading US-headquartered ICT company, and a number of leading public affairs agencies in Brussels. Karim has worked on external affairs projects in several countries across the EMEA region.

Born in Dakar (Senegal) Karim is an Italian-Tunisian national and has a Master Degree in Economics of development at the Catholic University of Louvain-la-Neuve in Belgium.

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