Lunch Break

New IP Issues in Data-Driven Innovation
(Co-organised with the Hong Kong Computer Society)

What are the surprising legal issues that arise when providing access to digital data? This session explores the importance of establishing legal clarity for data-driven innovation. Specifically, data marketplaces and ecosystem designs will be explored, together with dataset licensing and liability regimes. There will be a specific focus on the new IP issues surrounding private and public sector access methodologies and standardisation efforts, such as the OpenAPI framework initiative by the Hong Kong Monetary Authority and the Data.Gov.HK approach by the Hong Kong government.

Moderator

• Dr CK Wong
  Chairman, iASPEC Technologies Limited

Speakers

• Mr Donald Mak
  Assistant Government Chief Information Officer (IT Infrastructure), Office of the Government Chief Information Officer, the Government of the Hong Kong Special Administrative Region

• Dr Li Yahong
  Associate Professor & Director of LLM Program in IP and Information Technology, Faculty of Law, the University of Hong Kong

• Mr Angus Choi
  Chief Executive Officer, Joint Electronic Teller Services Limited (JETCO), Hong Kong

• Mr Bastien Douglas
  Founder, Open Data Hong Kong

Framing Global IP Protection Strategy in Tech-Innovative Century
(Co-organised with Department of Justice, Hong Kong Special Administrative Region)

The global evolution of IP rights necessitates IP owners and enterprises to develop effective IP protection and exploitation (including commercialisation) strategies to enhance their competitiveness. This is particularly relevant to those who wish to capitalise the unprecedented opportunities arising from the Belt and Road Initiative and the development of the Greater Bay Area. In this session, panels of eminent speakers will provide their practical legal tips on IP due diligence and risk management for startups and enterpreneurs, and share their views on the holistic approach to hone intellectual capital and intangible assets, specifically on innovative strategic considerations of trademark protection and brand building. Dispute resolution specialists will present the interplay between different modes of international dispute resolution (e.g. arbitration, facilitative and evaluative mediation, IP specialists list adjudication, etc.), and how they pragmatically work to deal with multi-jurisdictional IP disputes in a cost-effective manner. Speakers will also hold in-depth discussion on anti-trust issues, effective enforcement of IP arbitral awards in the Mainland and IP protection strategy in the context of international treaties and investment law.

Opening Remarks

• Ms Teresa Cheng, GBS, SC, JP
  Secretary for Justice, Hong Kong Special Administrative Region

• Mr Zhao Meisheng
  Deputy Director-General, Intellectual Property Utilization Promotion Department, China National Intellectual Property Administration of the People's Republic of China

Moderator

• Mr Andrew Liao, GBS, SC, JP
  Senior Counsel, Past Member of the Executive Council, Hong Kong Special Administrative Region

IP Due Diligence and Risk Management for Startups and Entrepreneurs

In this session, the speaker will identify the types of intellectual property (“IP”) business risks associated with online and offline transactions and address the avoidance of pitfalls and precautionary measures to be taken to minimize risks. She will also expound on how various service sectors (such as IP financing, IP due diligence, IP portfolio management and consulting services) in Hong Kong can assist IP rights traders.

Speaker

• Ms Anita Leung
  Solicitor, Messrs. David Lo & Partners, Solicitors

Innovative Strategic Considerations of Trademarks and Brand Building

Whilst word and logos have long been seen as the core identifiers and trademarks for brands, non-traditional trademarks such as product shapes, sounds, colours, positions or even shop designs are gaining increasing importance for an innovative and comprehensive protection of a company’s modern brand identity. Can such innovative branding and identities be protected as registered trademarks? The speaker will discuss the opportunities and challenges for companies in identifying and achieving protection for these non-traditional trademarks.

Speaker

• Ms Charmaine Koo
  Chairman, Licensing Executive Society China, Hong Kong Sub-Chapter and Co-head of Messrs. Deacons Intellectual Property Department and Head of the IP Litigation and Enforcement, Commercial IP and Entertainment and Media Practice Groups

The Proposed Changes in the Conduct of IP Litigation in the High Court of Hong Kong

The speaker will explain the rationale for setting up the new IP list in the High Court. The speaker will also discuss the need for a change of litigation culture for IP cases, and measures which may be adopted to increase the efficiency of IP litigation in Hong Kong.

Speaker

• The Honourable Mr Justice Lok
  Judge of the Court of First Instance of the High Court, The Hong Kong Special Administrative Region

Interplay Between Different Modes of International Dispute Resolution and the Enforceability of IP Arbitral Awards in the Mainland

This session presents an overview of the ways to resolve IP rights and technology transfer disputes. The comparative strengths of litigation, arbitration, mediation (including the facilitative and evaluative models), as well as the interplay between and alternating use of these dispute resolution processes will be deliberated. The speaker will examine how disputes involving state-granted IP rights could nevertheless be arbitrable, and explain Hong Kong’s approach in its amendment of the legislation in 2017 in this regard. This will be contrasted with a varied approach amongst lawyers, judges and academics on the topic in the Mainland, leading to the question of enforceability of IP arbitral awards in the Mainland.

Speaker

• Ms Winnie Tam, SC, JP
  Senior Counsel, International Arbitrator and Mediator and Chairman, Communications Authority

Holistic Approach to Hone Intellectual Capital and Intangibles – an User’s Perspective

In this interactive discussion session, an IP owner will share with us his unique experience on the foresights of IP strategies and how his biotechnological company benefited from the advice given by the multilingual Hong Kong legal professionals with extensive international IP experience by securing and leveraging IP in this knowledge-based economy, as well as minimizing the risk of litigation. During the exchange of insightful dialogues between an IP proprietor and his legal adviser, participants will learn more about how Hong Kong legal professionals can provide legal advice on pre-filing clearance searches, advise on local requirements before entering different markets and assist in dealing with irregularities in the application.

Speaker

• Dr Albert Wai-kit Chan
  Founder and Director of the United States-China Intellectual Property Institute Inc. (“USCIPI”)

• Mr Cheung Wai Fung, Grover
  Co-founder of Qi Diagnostics Limited and Co-founder of Groken Bioscience Limited

Panel Discussion and Q&A (Part 1)

Coffee Break

From Bay Area to International IP Arena

In this session, the concept of IP “protection” under the WTO TRIPS Agreement will be discussed. The speaker will explain what IP rights are involved in the blockchain technology and how they are protected in IP licensing, franchising, IP asset management and transfer.

Speaker

• Mr Peter Cheung, SBS
  Barrister & Arbitrator, WIPO Mediator and Panelist of the Asian Domain Name Dispute Resolution Centre

Protection of IP Rights under International Investment Law

In this session, the speaker will explain the relevance of international investment law and international investment agreements (“IIAs”) to the protection of IP rights in outbound investment. Through a discussion of the investment arbitration cases of Philip Morris v Australia and Philip Morris v Uruguay, the speaker will share strategic considerations when planning the legal structure of IP-related outbound investment and will further outline the scope of protection of IP rights (like trademarks) under IIAs and international investment law.

Speaker

• Mr Matthew Hodgson
  Partner to Messrs. Allen & Overy, Solicitors (Hong Kong) and International Arbitrator

Anti-Trust Issues in IP Context

The European Court of Justice in the case of Eco Swiss China Time Ltd. v Benetton International NV held that arbitral tribunal was empowered to hear disputes related to competition law. A major area for conflict between IP and competition law is the licensing of standard essential patents. Many cases have lead to arbitration or disputes in the courts. The UK Court of Appeal has recently considered the issues in detail in Unwired Planet International Ltd v Huawei Technologies Co Ltd and Others while the UK Supreme Court has put firm limits on competition defences in Oracle America Inc (formerly Sun Microsystems Inc) v M-Tech Data Limited. In this session, the speaker will update audience on the state of the law governing the interface between competition law and enforcement of IP rights. In particular, the speaker will address the questions on (a) can parties agree to arbitrate on competition law issues? and (b) what are the appropriate methodologies to resolve competition law issues in IP enforcement matters?

Speaker

• Mr Douglas Clark
  Barrister & Arbitrator and Adjunct Professor, Faculty of Law, The University of Hong Kong

Panel Discussion and Q&A (Part II)

Introduction to WIPO's Global Services for Protecting Intellectual Property Abroad
(Presented by the World Intellectual Property Organization - WIPO)

Speakers

• Ms Lingfei Bai
  Head, PCT Operations Section 3, PCT Operations Division, PCT Services Department, Patents and Technology Sector, WIPO

• Mr Benoît Apercé
  Information Officer, Madrid Information and Promotion Division, Madrid Registry, Brands and Designs

15:00 - 15:10 IP Commercialization Strategies in Indian R&D Institutions

Speaker

• Dr H. Purushotham
  Chairman & Managing Director, National Research Development Corporation of India

15:10 - 15:30 AsiaIPEX Strategic Partnership Signing Ceremony

Unleashing IP Opportunities in the Greater Bay Area
(Co-organised with Guangzhou Development District Intellectual Property Association)

With the official opening of the Hong Kong-Zhuhai-Macao Bridge, it is expected that there will be closer ties among Guangdong, Hong Kong and Macao. It is now the common goal of the these territories to accelerate improvements on IP-intensive sectors and create the world’s leading environment for IP protection. To this end, the Guangzhou Development District Intellectual Property Association joins hands with the Hong Kong Trade Development Council in organising this seminar. In this breakout session, government representatives from the Greater Bay Area will present how IP issues are dealt with in the region; an expert from Peking University will interpret the business models as well as the rules and regulations for IP operations under the prevailing global trade climate; decision makers from sizable companies will share their IP management experience; and representatives from IP service providers will explain how cooperation among the three territories can offer comprehensive services in concert. Through discussion among various players from the three territories, important issues on IP development in the Greater Bay Area will be examined.

Opening Remarks

• Senior Representative
  Huangpu District Government, Guangzhou City

• Ms Joyce Poon
  Assistant Director, Intellectual Property Department, the Government of the Hong Kong Special Administrative Region

Moderator

• Mr Lai Hongchuan
  Secretary General, Guangzhou，Development District Intellectual Property Association

Speakers

• Senior Representative
  The Administrative Committee of Guangzhou Development District

• Prof Zhang Ping
  Associate Dean, Intellectual Property College, Peking University

• Ms Stella Law
  Executive Director, CHFT Advisory and Appraisal Ltd.

• Ms Amy Wong
  President, Macao Victory Group
  Chairwoman, Macao Trademark Association

• Ms Ally Zhuang
  Deputy General Manager and Chief Legal Officer, CVTE

• Ms Zhang Chi
  General Manager, Guangdong Zhongce Intellectual Property Research Institute

Coffee Break

Secure the Trust of Your Brands along the Belt and Road
(Co-organised with International Trademark Association)

Jointly organised by the International Trademark Association (INTA) and the Hong Kong Trade Development Council (HKTDC), the breakout session, geared towards customs officials and brand owners, will take an integrated look at trademarks and share cutting-edge thinking about future development and innovation, while focusing on helping attendees develop a comprehensive strategy against counterfeiting to improve trademark enforcement. Apart from speakers’ insights, attendees will also gain a first-hand opportunity to learn the results of the study on the Economic Impacts of Counterfeiting and Piracy, which will be shared at the workshop. This study is the joint effort of International Chamber of Commerce – Counterfeiting & Piracy (ICC-BASCAP) and INTA. The aim of the study is to arm brand protection professionals with hard-hitting numbers relating to the impact of counterfeiting and piracy.

Part I

Moderator

• Ms Valentina Salmoiraghi
  Anticounterfeiting Advisor, Asia-Pacific, International Trademark Association

Speakers

• Mr Guy Fong
  Customs Group Head (Intellectual Property Investigation (Operations)), Hong Kong Customs and Excise Department

• Mr Canda Sinpaseuth
  Acting Chief, ASEAN and Research Section, International Cooperation Division, Lao Customs Department

• Mr Priyantha Saparamadu
  Deputy Director, Sri Lanka Customs

• Dato' Paddy Bin Abd Halim
  Deputy Director General of Customs, Royal Malaysian Customs Department

Part II

Speakers

• Mr Alan Liu
  Director, Global Brand Protection, Asia Pacific, Johnson and Johnson Supply Chain

• Mr Thierry Dubois
  Managing Director, Federation of the Swiss Watch Industry (FH)

• Mr Sam Chow
  Brand Protection Leader, Procter & Gamble (China)

(Co-organised with the Intellectual Property Department, The Government of the HKSAR)
*Extra admission fee is required for this session. Please visit HERE for more information.

Registration

IP Trading

Speaker

• Ms Rebecca Lo
  President, Hong Kong Group of the Asian Patent Attorneys Association

Coffee Break

Management and Exploitation of Copyright and Designs

Speaker

• Mr Anthony Tong
  Ex-Deputy Chairman, Copyright Tribunal of the Hong Kong Government

Lunch Break

Management and Exploitation of Patents

Speaker

• Dr Jacqueline Lui
  President, Hong Kong Institute of Patent Practitioners

Coffee Break

Management and Exploitation of Trademarks

Speaker

• Ms Theresa Mak
  Secretary, Hong Kong Institute of Trade Mark Practitioners

Registration and Application Procedures of IP Rights in Hong Kong

Speaker

• Ms Vivian Yu
  Chief Intellectual Property Examiner, Intellectual Property Department, the Government of the HKSAR