New technologies: Is IP/TMT and Antitrust law future proof?

Malaga, Spain

24 October 2024 - 26 October 2024

IP/TMT track


Thursday 24 October 2024

15:00 » 17:00 Optional activity at the sea: Paddle Surfing
Paddle surfing, also known as stand-up paddleboarding (SUP), is a water sport where participants stand on a large board and use a paddle to propel themselves through the water. It originated in Hawaii and has gained popularity worldwide as a recreational activity and a competitive sport.

address: Paseo de la Farola (Playa la Malagueta), Málaga
19:00 » 21:15 Welcome cocktail at La Terraza de la Alcazaba Rooftop Bar
Address: C/ Alcazabilla, 12, 5°, Distrito Centro, 29015 Málaga, Spain

Friday 25 October 2024

08:00 Registration desk opens
09:00 » 09:30 Welcome address by the AIJA Bureau representative and the Organising Committee
09:30 » 10:00 Keynote: Future challenges in Antitrust & IP law
10:00 » 11:00 Successful tech licensing
How will the interplay between Antitrust and IP law evolve? How do the recently updated block exemption regulation approach IP and antitrust law? What about vertical restraints caused by IP rights? Where is the upcoming EU regulation on standard essential patents heading to? And how are these challenges handled in practice?

Moderator: Kirsten Wesiak-Schmidt, Homburger AG, Switzerland

Speaker:
  • Amalia Athanasiadou, CSL Vifor, Switzerland
  • Chloe Taylor, Carpmaels & Ransford, UK
11:00 » 11:30 Coffee break
11:30 » 12:30 Registered designs in transformation: When chairs suddenly move into the digital world
EU Designs Directive and Regulation - just an update or a new perspective on design protection?
Does the system meet the needs of protection of new forms of design, and does it overcome the previous constraints?
What are the new trends in design protection and enforcement? Are companies rethinking their IP strategies?

Moderator: Cristina Hernandez-Marti, Hernandez-Marti Abogados, Spain

Speakers:
  • Giulia Beneduci, De Berti Jacchia Franchini Forlani, Italy
  • Faye McConnell, Browne Jacobson, UK
  • Anna-Carina Salger, HARTE-BAVENDAMM Rechtsanwälte, Germany
  • Matthew Homyk, Blank Rome LLP, USA
12:30 » 13:00 Commission Update
13:00 » 14:30 Lunch
14:30 » 15:30 T-shirts and shoes sell themselves - or don't they?
What are the main challenges of building a brand for major sports events (Leagues, Clubs and Athletes)?
Are there any unfair/forbidden trademarks? How to overcome ambush marketing in different jurisdictions? What are the social media do’s and don'ts?

Moderator: Marta Centell, Vidal-Quadras y Ramon, Spain

Speakers:
  • Matt Phillip, Shepherd & Wedderburn, UK
  • Rosie Burbidge, Gunnercooke, UK
  • Gilles Roulin, Homburger AG, Switzerland 
  • Eugenio Arochi de la Torre, Arochi & Lindner, Mexico
15:30 » 16:30 Plugging the Leaks of today - Can cybersecurity regulation fill the loopholes?
How can the emerging and ubiquitous threat of cyberattacks and cyber incidents be handled in practice and cross border? Where do we stand with cybersecurity regulation in different countries? What legal requirements exist regarding notifications to competent authorities in domestic and EU regulation? Are there any tools that help understanding and dealing with cyber risks?

Moderator: Marco Meier, Binder Rechtsanwälte KLG, Switzerland

Speakers:
  • Birgit Münchbach, ADVANT Beiten, Germany
  • Ivan Genchev, YNG Legal, Bulgaria
  • Otto Lindholm, Dottir, Finland
  • Rosario Cartagena, Osler LLP, Canada
16:30 » 17:00 Coffee break
17:00 » 18:00 Future ways of IP/data protection enforcement via competition law. 
Does competition law give IP/data protection law new superpowers?
The German Bundeskartellamt found that Facebook abused its dominant position through a breach of the data protection regulation. The CJEU confirmed the decision (C-252/21). At the same time, competition commission all over Europe examine the use of patents and the patent system closely with pharmaceutical undertakings. Could the Facebook decision set new trends and do dominant undertakings have to fear being fined whenever they violate a law. Could patent infringement eventually amount to an abuse of a dominant position? And: Should antitrust law be applied this broadly? What role might the new "Art. 102 package" play?

Moderator: Yolanda Martinez, Marimon Abogados, Spain

Speakers:
  • Stephanie Richter, Taylor Wessing, Belgium
  • Radek Matusek, Skils, Czech Republic
  • Max Schulz, Glade Michel Wirtz, Germany
  • Kristina Rudec, BMWC, Croatia
18:00 » 18:30 IPTMT Commission meeting
20:00 Dinner at Trocadero Casa de Botes Málaga
Address: P.º de la Farola, 25, Distrito Centro, 29016 Málaga, Spain

Saturday 26 October 2024

08:00 Registration desk opens
10:00 » 11:00 Will copyrights law protect future Picassos?
Is it still reasonable to protect works for 70 years after the death of the artist? Will AI be more talented than the current talents? How will individuality be assessed in the future? Is copyright law ready to face the challenges of digital economy?

Moderator: Thierry Burnens, Bianchi Schwald, Switzerland

Speakers:
  • Paula Alvarez, Cuatrecasas, Spain
  • Luca Guidobaldi, ADVANT Nctm, Italy
11:00 » 11:30 Coffee break
11:30 » 13:30 A lawyer's trick or treat: Getting new skills for the future

Fiorella Erni – Negotiation Trainer


Born in Switzerland, Fiorella obtained a Bachelor of Arts degree in Social Anthropology and Arabic Literature from the University of Zurich, a Master of Arts in Development Studies from the Graduate Institute in Geneva, and a Master's in Business Administration from the hotel management school in Lausanne.

She served for the International Committee of the Red Cross in war zones across the Middle East (Gaza, Lebanon, Syria) and Africa (South Sudan and the Democratic Republic of Congo) for several years, navigating military escalations and negotiating deals with armed actors to deliver aid and provide protection amidst chaos in the Middle East and Africa. Subsequently, she worked as a crisis management consultant in the private sector in Zurich; her main clients were travel agents, IT, and insurance companies.

For the past four years, Fiorella has honed her specialisation in crisis negotiation, assuming the role of Head of Operations at the Centre of Competence on Humanitarian Negotiation (CCHN). In this capacity, she carried out research on negotiation practices and provided comprehensive training and advice to NGO and UN personnel deployed in conflict zones, equipping them with the necessary skills to negotiate effectively with armed actors and civilian authorities under extreme pressure.

To date, Fiorella provides negotiation training and advisory services for corporate teams and individuals. She is also part of external negotiation teams representing clients in legal disputes, kidnappings, and fraud cases. Finally, she founded her own vegan high heel company and is getting ready for product launch in summer 2024.
13:30 » 13:45 Closing remarks
13:45 » 15:00 Lunch
17:30 Optional cooking activity (paella) and dinner 
Address: C. Conde de las Navas, 12, Málaga-Este, 29017 Málaga, Spain

Antitrust Track


Thursday 24 October 2024

15:00 » 17:00 Optional activity at the sea: Paddle Surfing
Paddle surfing, also known as stand-up paddleboarding (SUP), is a water sport where participants stand on a large board and use a paddle to propel themselves through the water. It originated in Hawaii and has gained popularity worldwide as a recreational activity and a competitive sport.

address: Paseo de la Farola (Playa la Malagueta), Málaga
19:00 » 21:15 Welcome cocktail at La Terraza de la Alcazaba Rooftop Bar
Address: C/ Alcazabilla, 12, 5°, Distrito Centro, 29015 Málaga, Spain

Friday 25 October 2024

08:00 Registration desk opens
09:00 » 09:30 Welcome address by the AIJA Bureau representative and the Organising Committee
09:30 » 10:00 Keynote: Future challenges in Antitrust & IP law
10:00 » 11:00 Successful tech licensing
How will the interplay between Antitrust and IP law evolve? How do the recently updated block exemption regulation approach IP and antitrust law? What about vertical restraints caused by IP rights? Where is the upcoming EU regulation on standard essential patents heading to? And how are these challenges handled in practice?

Moderator: Kirsten Wesiak-Schmidt, Homburger AG, Switzerland

Speaker:
  • Amalia Athanasiadou, CSL Vifor, Switzerland
  • Chloe Taylor, Carpmaels & Ransford, UK
11:00 » 11:30 Coffee break
11:30 » 12:30 The future of merger control
What are the key topics in the future of merger control? Will vertical mergers be the new big thing? Remain ex post control of Towercast and Art. 22 referrals a one hit wonder?

Moderator: Maïja Brossard, UGGC Avocats, France

Speakers:
  • Kiti Karvinen, Castrén & Snellman Attorneys, Finland 
  • Metehan Uzunçakmak, Görg, Germany
  • Zeno Frediani, Arnold & Porter, UK
  • Siniša Čolević, Stanivukovic, Serbia
12:30 » 13:00 Commission Update
13:00 » 14:30 Lunch
14:30 » 15:30 Generative AI - Antitrust hero or devil?
Will generative AI lead to a better detection of cartels for authorities and customers? Or will generative AI help hiding cartels better than ever? Do we need to regulate generative AI from a competition law perspective or does our current regime suffice?

Moderator: Aleksandra Dziurkowska, WKB, Poland

Speakers:
  • Alexandre Picon Franco, Cuatrecasas, Spain
  • Philipp Trube, Blomstein, Germany
  • Ben Rusch, Consilio, UK
  • Pierre Galmiche, Aramis, France
15:30 » 16:30 Taming tech giants - What is the best approach? EU's DMA & DSA vs developments in the US and Asia
Is there an overregulation in the EU? How do the US and Asia tackle big tech? What are the first experiences of the DMA & DSA and what's left for classic competition law?

Moderator: Lorenz Jarass, Noerr, Germany

Speakers:
  • Michel Alexander, Evelyn Partners, UK
  • Borja Chastang, MLAB Abogados, Spain
  • Elizabeth Suarez, Fenwick, USA
  • Masaki Kakimoto, Mori Hamada & Matsumoto, Japan
16:30 » 17:00 Coffee break
17:00 » 18:00 Future ways of IP/data protection enforcement via competition law. 
Does competition law give IP/data protection law new superpowers?
The German Bundeskartellamt found that Facebook abused its dominant position through a breach of the data protection regulation. The CJEU confirmed the decision (C-252/21). At the same time, competition commission all over Europe examine the use of patents and the patent system closely with pharmaceutical undertakings. Could the Facebook decision set new trends and do dominant undertakings have to fear being fined whenever they violate a law. Could patent infringement eventually amount to an abuse of a dominant position? And: Should antitrust law be applied this broadly? What role might the new "Art. 102 package" play?

Moderator: Yolanda Martinez, Marimon Abogados, Spain

Speakers:
  • Stephanie Richter, Taylor Wessing, Belgium
  • Radek Matusek, Skils, Czech Republic
  • Max Schulz, Glade Michel Wirtz, Germany
  • Kristina Rudec, BMWC, Croatia
18:00 » 18:30 Antitrust Commission meeting
20:00 Dinner at Trocadero Casa de Botes Málaga
Address: P.º de la Farola, 25, Distrito Centro, 29016 Málaga, Spain

Saturday 26 October 2024

08:00 Registration desk opens
10:00 » 11:00 Antitrust and Economics - Ups and (more?) downs, will the love story come to an end?
Will economic analysis play a less important role in competition law in the future? Do we see a decline of the more "more economic approaches" in antitrust law? Are courts getting tired of economic evidence battles in follow-on litigation and will rather go for estimations by themselves? What does the new market definition notice tell us (draft of 8 February 2024)?

Moderator: Fabio Babey, IXAR, Switzerland

Speakers:
  • Fabian Koch, CORE, Switzerland
  • Jochen Bernard, Menold Bezler, Germany
  • Ludovica Pizzetti, Arnold & Porter, UK
  • Nick Gaglio, Axinn, USA
11:00 » 11:30 Coffee break
11:30 » 13:30 A lawyer's trick or treat: Getting new skills for the future

Fiorella Erni – Negotiation Trainer


Born in Switzerland, Fiorella obtained a Bachelor of Arts degree in Social Anthropology and Arabic Literature from the University of Zurich, a Master of Arts in Development Studies from the Graduate Institute in Geneva, and a Master's in Business Administration from the hotel management school in Lausanne.

She served for the International Committee of the Red Cross in war zones across the Middle East (Gaza, Lebanon, Syria) and Africa (South Sudan and the Democratic Republic of Congo) for several years, navigating military escalations and negotiating deals with armed actors to deliver aid and provide protection amidst chaos in the Middle East and Africa. Subsequently, she worked as a crisis management consultant in the private sector in Zurich; her main clients were travel agents, IT, and insurance companies.

For the past four years, Fiorella has honed her specialisation in crisis negotiation, assuming the role of Head of Operations at the Centre of Competence on Humanitarian Negotiation (CCHN). In this capacity, she carried out research on negotiation practices and provided comprehensive training and advice to NGO and UN personnel deployed in conflict zones, equipping them with the necessary skills to negotiate effectively with armed actors and civilian authorities under extreme pressure.

To date, Fiorella provides negotiation training and advisory services for corporate teams and individuals. She is also part of external negotiation teams representing clients in legal disputes, kidnappings, and fraud cases. Finally, she founded her own vegan high heel company and is getting ready for product launch in summer 2024.
13:30 » 13:45 Closing remarks
13:45 » 15:00 Lunch
17:30 Optional cooking activity (paella) and dinner 
Address: C. Conde de las Navas, 12, Málaga-Este, 29017 Málaga, Spain