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Panel 1: Fashionably Metaverse, AI and Web3: everything you need to know about the intersection of fashion and technology

Major luxury brands are seeking creative ways to embrace high technology. The Louis Vuitton Group launched Louis, a game, which gave players the opportunity to win historical postcard NFTs. Valentino partnered with UNXO to opening doors to never-before-seen digital and physical hybrid experiences. Together Balmain released a Balmain X Barbie collection bringing the famous dolls to the Metaverse. Many have partnered with Roblox and Fornite to sell digital goods while some have used web3 tools to have virtual concerts and worlds. This session will not only explain and exemplify AI, Web3, Metaverse and other virtual worlds, it will also explore the evolution of technology incorporated in all phases of fashion – from production to consumer sales - whether digitally or in bricks and mortar stores, as well as the promotion, marketing and content creation strategies being utilized by fashion brands.

Panel 2: Fashionably Metaverse, AI and Web3: the future of fashion, retail and technology

Just as styles come and go, so do the tools utilized by fashion brands to sell those clothes. Building on session one, this session will take a look at where fashion is going, so that attendees can be prepared to assist clients with the latest developments in this fascinating and rapidly changing world! The session will also discuss how traditional high-end fashion is embracing high-tech in ways never imagined before. What does the future of shopping look like? We will look further at IP protection strategies and infringements, how they can be litigated, and what jurisdictions and laws apply. Additionally, the session will discuss sourcing challenges in light of ESG (environmental, social and governance) and how tech can aid, as well as slow, fashion trends (including commercial implications and how to maintain customer intimacy online).

English Anti-Suit Injunctions in Support of Arbitration

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May 19, 2021

Selected distressed and non-distressed deals during the pandemic

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M&A transactions under the shadow of Covid-19

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Presented by the Intellectual Property and Entertainment Law Committee, Arts, Cultural Institutions and Heritage Law Committee, Space Law Committee, Media Law Committee, Technology law Committee and Communications Law Committee.

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 and space law.

Discussion is usually around the interface of law, business and technology, 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. Hot topics in Privacy and Data Protection

Processing of underage’s personal data
Internal investigations conducted by private companies
Cross-border data transfers
Cooperation with investigations/criminal procedures initiated by public authorities
Data Protection Laws - Scope / Exemptions
Multiple sanctions due to the simultaneous violation of a data protection law and other laws (e.g. consumers; antitrust)
Overview about sanctions and fines

2. Contracts for Clouds: what’s in the standard terms and what can you negotiate?

What’s in a typical cloud contract?
How do AWS, Google, and Microsoft deal with issues like choice of law and forum, liability, service levels, termination, and more?
Are standard cloud contracts evolving?
When can customers negotiate with cloud providers?

3. Geospatial Data management – an opportunity for growth

Geospatial information is vital for national development, policy and decision-making, programs and projects, and to achieve sustainable social, environmental and economic development. The main strength of geospatial information is that it provides the integrative platform for all digital data that has a location dimension to it. Collaborative information systems that are comprehensive, coordinated, and integrated, underpinned by geospatial information technologies and applications, are providing the evidence on where people interact with their place, events and activities. With rapid digital transformation of society and economy, issues, challenges and opportunities related to the acquisition, availability, accessibility and application of geospatial information, are common and experienced across various levels of society, government and economy. The need for sound and enabling policy and legal frameworks on geospatial information management to address these issues has become more critical as the acquisition and application of geospatial data become increasingly innovative and creative arising from new and emerging technologies, devices and solutions.

Since 2017, the UN-GGIM Working Group on Policy and Legal Frameworks for Geospatial Information Management, has been actively developing mechanisms to address the complex issues related to geospatial information, including custodianship, authority and authoritative data, open data, personal data, data privacy and confidentiality, data licensing, data security and geospatial data for public good. We will explain how the acquisition, availability, accessibility, and application of geospatial information can be addressed, through a wide array of tools and resources developed with the collaboration of the IBA.

4. 5G Delivery structures

The roll out of 5G will entail large investments for mobile carriers, not just in their having to bid for spectrum allocation but mainly for infrastructure and hardware investments. The high cell density required for the operation of 5G networks also magnifies these concerns. In the wake of fierce market competition and declining revenues per customer, carriers have been innovating how they are approaching 5G infrastructure investments, including for example, entering into infrastructure and services sharing arrangements, along with developing solutions to improve and secure their radio access networks. Join us as we discuss the challenges faced by mobile carriers and novel approaches taken by them in response.

5. Can Legal Tech create increased revenues for law firms?

What are the pitfalls? Best practices from around the globe.

6. Regulating Internet and platforms around the world

Since Apple and Meta (aka Facebook) displaced legacy enterprises and Alphabet (aka Google) declared its victory against Yahoo, regulators waited for the day digital markets would correct themselves. In the meantime, they also had greenlighted some acquisitions and seemed to have regretted clearing some in hindsight. The wait is over, though: regulators recently changed the tack, and competition policy is poised to favour increased interventions towards big tech. Although killer acquisitions and new ex ante competition tools to address the sources of big tech's market power and overcome the barriers to entry are at the centre of the heated discussions, they all come down to fostering innovation. In recent years, regulators have taken bold steps and expanded the scope of innovation theories of harm to justify interventions. Yet there are serious questions concerning whether competition authorities could genuinely grasp the nature of competition in digital markets and, if so, whether they have the foresight to predict the level of innovation in counterfactuals without compromising evidence-based enforcement. This table will get to the bottom of these questions by analysing the sources of innovation in high-tech markets: is big always bad?

7. 2022 Technology and IP Disputes Update

This topic would allow for discussion of the major cases involving technology and IP disputes in different countries including identification of trends in technology disputes and dispute resolution processes.

8. AdTech, Tracking, Cookies and Pixels – thoughts on where things are heading

Tracking devices (whether cookies, pixels or whatever) have been under scrutiny from regulators around the world. In this session we will be looking at the comparative approaches in Latin America, Europe and the US.

9. Patent Litigation Funding – Support to Patent Owners or Patent Troll in Sheep’s Clothing

Table will discuss the growing use of Litigation Funding in IP related litigation matters. Discussion will include experiences with funders and cases supported by them. The group will also explore whether funding provides access to the courts for those without means to enforce their valuable rights or whether it encourages frivolous filings that would not have otherwise been filed or few settlements in the hopes of large returns.

10. The copyright protection over “concept stores” and/or format The idea to attract the customer’s attention using the environment in which the purchasing processes are generated has been spreading over the last years. It does not refer only to the way in which products are presented but also to the general appearance and mood of the shop and to the impact that it has on customers. In this scenario, concept stores are becoming increasingly popular in retail but retailers have had varying degrees of success in protecting the format or layout of their stores. This topic will explore how different jurisdictions and different IP laws can protect concept stores and will consider a hypothetical scenario based on a recent Italian Court of Appeal decision. Participants are encouraged to share their views and experiences from their own jurisdictions in an open discussion about the practicalities of using IP laws to protect the layout of a store, the shape or configuration of different display elements, or the overall look and feel of a concept store.

11. The impact of the Digital Services Act (on intellectual property rights and technology)

The DSA will seek to set standards for accountability in the digital marketplace. Much uncertainty remains about what the practical consequences of the DSA are for e-commerce, and how the balance of interests will play out IP owners see the DSA as a step forward, that gives e-commerce platforms greater responsibility. They believe that although it could have been more ambitious, it is an improvement on the status quo. The tech industry is globally satisfied, insofar as the DSA incorporates the principle that digital service providers are immune from liability for the unlawful content they host, provided they were not aware it was unlawful or acted promptly to remove or to block access to it once made aware. However, this principle is clarified in the DSA, which adds new prohibitions and highly restrictive obligations.

This table topic will be a good opportunity for anticipating and discussing these consequences.

12. Underutilized procedural methods for getting patents allowed in the U.S. and Europe and India

In recent years the U.S. Patent and Trademark Office (USPTO) has introduced procedural programs and reforms that are designed to expedite, simplify or improve examination for applicants. In similar fashion to the USPTO, the European Patent Office and Indian Patent Office have procedural programs that can be used as alternatives to normal patent examination. These programs, when used properly, can help applicants achieve faster favourable outcomes.

13. We are Running Out of Trademarks – Combatting this Problem with New Forms of Trademark Protection

Discussion on how brand owners are protecting their valuable trademark rights when it seems that all trademark options have been exhausted. How do you advise clients and their marketing teams when every mark they consider is unavailable?

Are more Non-Traditional Trademarks (NTMs) – a valuable addition

14. This table will have two rotating topics

a. Space Arbitration

Available dispute resolution mechanisms (Claims Commission under the Liability Convention; ITU; ESA; national courts; international arbitration)
The advantages of arbitration
Need for promotion of the sector-specific arbitration rules
Arbitration clauses in coordination agreements to ensure arbitrability of violations
Need for dispute resolution mechanisms for disputes relating to physical collisions

b. Space Debris

Space Debris: the problem – crowding of earth orbit and growth of satellite numbers, formation of debris and the need to solve the problem - ESA and UN solutions

Impact on the long-term use of space.

15. This table will have two rotating topics

a. Fair Use

The development of fair use in the visual arts.

From Tintin to Hopper; The Andy Warhol Estate’s appeal against photographer Lynn Goldsmith, the mandatory inclusion of “Pastiche” as an exception to infringement in the EU Directive (EU) 2019/790 on copyright in the Digital Single Market and more.

b. Antiquities / Foreign State

The second topic concerns the impact of the litigation and now appeal of Turkey’s lawsuit against Christie’s and collector Michael Steinhardt over the so-called “Stargazer” figurine. This lawsuit tests the boundaries of sovereign actors asserting cultural property rights outside their borders but in the civil litigation context.

16. "Fake News!" or Free Speech?

Whether QAnon or Sputnik news, vaccine scaremongering or hate speech, everyone is concerned about the spread misinformation and disinformation online. Are there circumstances where restrictions on speech or bans on specific speakers can be justified? Can such restrictions be reconciled with national or international human rights regimes? Who gets to decide what is fake or real? Members of the Media Law Committee look forward to exploring these topics with you.

Trends in private M&A: representations and warranties indemnity insurance (IBA Annual Conference, 2019)

Articles

Oct 20, 2021

The Impact of Brexit on Dispute Resolution: EU and UK Perspectives

Journals

This very dynamic and well-attended session enables you to select from a menu of hot topics in intellectual property, communication, 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 technology, 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 of the session is interactive networking. It will provide you with a great opportunity to meet many other lawyers and to discuss topics of mutual interest with them: please, do not forget your business cards and e-cards.

1. Moral rights

‘Who’s afraid of droit moral?' Paris might be the birthplace of the moral rights of the author enjoying copyright protection but the concept is worldwide and enshrined in the Berne Convention. In some anglo-saxon jurisdictions a complete waiver of moral rights is sought. The panel will discuss the effect of such waivers, with specific focus on contracts in the entertainment and software industry.

2. Distinct politics – politicians using music, names signs and logos

Political parties and politicians also need to distinguish themselves by using names, signs, music and slogans, the panel will address how the IP law and public policies ruling the political campaigns are coherent or increases the chances of conflicts of laws and whether or not the actual conflicts could be solved?

3. Generative AI

Generative AI systems pose intriguing questions to society and law. According to ChatGPT the current legal issues “include intellectual property rights, liability for AI-generated content, data privacy and security, transparency and explainability of AI systems, and ethical considerations such as bias and discrimination. Additionally, there are ongoing discussions around whether AI-generated works should be eligible for copyright protection and who should be held responsible for any potential harm caused by AI systems.” At the round table these topics, and especially copyright, data privacy and (product) liability, will be discussed.

4. Emerging technologies and AI in healthcare and life sciences – IP, legal and ethical consequences

To discuss the legal, IP, regulatory and ethical implications and consequences arising out of the use of generative AI tools in the healthcare and life sciences areas. Generative AI is evolving rapidly with the release of ChatGPT, Bard, Claude, etc. As exciting as this technology sounds in terms of the endless opportunities, it poses a number of challenges, especially in the area of medicine, healthcare, life sciences and ownership of IP rights. This roundtable proposes to discuss all these aspects and more.

5. The Importance of IP in the protection of traditional Knowledge and cultural expressions

Traditional knowledge (TK) refers to the accumulated knowledge, innovations, and practices developed and preserved by indigenous communities and local cultures over generations.

Traditional cultural expressions (TCEs) are the manifestations of traditional knowledge, folklore, and cultural heritage that are deeply rooted in the cultural and social identities of indigenous communities and traditional societies.

Genetic Resources instead refers to material found in plants, animals, and microorganisms that possess genetic information of potential value. 

This session will focus on the intersection between Intellectual Property (IP), Traditional Knowledge, and Traditional Cultural Expressions (TCEs) Participants are invited to share and exchange views on  these issues including the protection of traditional medicine, appellations of origin, geographical indications and collective marks.

6. AI and the law: navigating the legal landscape of artificial intelligence with a media focus

There are several legal issues that arise from the use of artificial intelligence (AI), including:

Liability: One of the main legal issues with AI is who is responsible if an AI system causes harm. Should it be the designer or developer of the AI system, the owner of the system, or the user of the system?
Intellectual Property: AI can create new inventions and works of art that may raise questions about who owns the intellectual property rights. For example, who owns the copyright to a song written by an AI system?
Privacy: AI systems can collect and process vast amounts of personal data, which raises questions about data protection and privacy.
Discrimination: There is a risk that AI systems can reinforce existing biases and discrimination in society. This raises questions about how to ensure that AI is developed and used in a fair and non-discriminatory manner.
Regulation: The rapid pace of technological change in the AI field means that existing regulations may not be adequate. This raises questions about how to regulate AI in a way that promotes innovation while also protecting public safety and other important values.

7. Recent developments in space law

On tourism in space.
Ethics in space.
Debris mitigation.

Special areas:

Dispute resolution.
Arbitration for space law.
Space areas for dispute – ideas of solving them.

8. Copying anterior art work(s)

Comment on the Warhol US Supreme court ruling and other jurisdictions rules.

What is a fake in art (and law)?

A new law is currently discussed in France and other jurisdictions rules.

9. Open banking

At the crossroads of technology and financial regulation, open banking promises to change the way we interact with money, helping consumers gain better control and financial freedom through more flexible financial services powered by technological innovation.

Open banking, as a set of technologies, provides a method for an authorized party (like a fintech) to access a customer’s financial information (like its bank account) in the same way that the authorizing customer can, whether it is by looking at the information, or initiating payments on behalf of the customer.

The way in which countries have dealt with the regulatory challenges of this fast-changing environment is vastly different, and the success of any legal design over another to support the growth of this market while fostering financial inclusion and protecting consumers privacy is still yet to be determined.

This roundtable seeks to discuss:

What is open banking.
Regulatory driven and industry driven approaches to open banking.
Evolution from open banking to open finance to open data.
New capabilities of APIs, beyond payments.
Points to consider when advising FinTech companies in the open banking sector.
Privacy challenges on the implementation of an open banking environment.

10. Learning to be lawful: Understanding Competition Law in an Algorithmic Era

Implications of algorithms in terms of competition liability and the use of more advanced (i.e. machine learning) algorithms have been heavily debated since the publication of the final report on the E-commerce sector inquiry in May 2017 in the EU. Although the topic has been popular among scholars, there have been a scarcity of case law since then. However it seems that competition authorities have started picking up on harms to competition (and consumers) arising from algorithmic systems again. For example, in the paper that was published in 2021, the Competition Market Authority (UK) (CMA) reminded that they will 'monitor developments in the application of machine learning … to ensure that they do not lead to anti-competitive behaviour or consumer detriment' as part of the new ex-ante regime for digital markets. Recently the Korea Fair Trade Commission (KFTC) also decided that the technology platforms, Naver and Kakao, engaged in an unlawful algorithm manipulation. In these cases the KFTC have also tested their abilities to detect and prove anticompetitive effects of algorithms.

Some of the issues we propose to discuss:

The role of algorithms in anti-competitive practices (e.g. algorithmic collusion, exclusionary practices) and the main legal questions they pose for practitioners (e.g. liability).
The reasons of why there have been only a few cases on anticompetitive use of algorithms and whether KFTC's decisions can potentially turn the tide.
Advising clients on mitigation of risk associated with the use of algorithms.

11. AI and data privacy / sports and e-sports data

This round table would look at the treatment of personal data in the context of sports and e-sports, focussing on Project Red Card and claims that data companies are using players' personal data without the right to do so. Speakers from the UK and one other jurisdiction (possibly North American) will outline arguments for and against the rights of players – and the interests of data, betting and gaming and e-sports companies. With sports data at the core of huge business valuations, might data rights (rather than IP rights in databases) be the next battlefield?

Advising clients on mitigation of risk associated with the use of algorithms.

12. Auditing AI - How to address the risks of bias and discrimination in your AI tools

As AI becomes more sophisticated, companies are increasingly relying on it to power everything from enterprise systems to marketing campaigns. However, several companies have been burned by AI products that have been released into the public and later demonstrated bias or discriminatory results (who remembers Microsoft’s Twitter chatbot?). In addition to the potential for legal liability, AI bias can also result in brand and reputational damage. To stay ahead of these issues, companies should be implementing programs to audit the use of AI in their tools. In this roundtable, we will discuss the regulations and guidelines we can leverage to create frameworks for auditing AI, the key stakeholders who should have a role in the process, and the checkpoints and checklists that companies are leveraging to help their teams understand how to identify and address these risks.

13. Global tech legal showdown

This session will look at the trends in global technology disputes with regional expert commentary into current litigation in UK, EU, US, Australia and Asia (Latam could also be included). The session will also provide some useful legal and practical insights for non-litigators –commercial tech lawyers on how to minimize the risk of their tech agreements being subjected to regulatory or court scrutiny.

14. Transactions in the Metaverse

Same as in a “traditional” Internet environment?
How to best protect “ownership”.
Use of NFTs.

Participant to the roundtable may expect to get a better understanding of the differences between transactions in the Metaverse and traditional transactions, including under the legal, operational and commercial angles. Also, the question of forum shopping is of a renewed acute nature, since transactions in the Metaverse are likely to see various Courts, in various countries, rule that they have jurisdiction over these cases, which is likely to lead to new difficulties. Participants will discuss how to tackle these aspects, after having also laid out the various use cases of NFTs.

By engaging with experts and discussing these issues with other participants, they will be able to identify potential solutions to these challenges and gain a better understanding of how to navigate them.  Overall, the roundtable provides an opportunity for participants to deepen their knowledge of the metaverse and NFTs from a legal and operational perspective, learn about best practices, and network with other professionals in the field.

15. Digital market act and digital service act: a blueprint for global digital regulation

This table will discuss new EU legislation that has been adopted, and that is still in proposal stage, as part of the EU Digital Single Market and Digital Decade strategies, with an emphasis not only on risks but also opportunities, and the challenges presented to in-house lawyers. Laws discussed would include the DSA, DMA and AI Act, but also lesser-known laws like the Platform Work Directive and the proposals regarding product liability.

16. Low Earth orbit satellite services to rule the world?

LEO satellite constellations have the potential to provide connectivity in geographic areas which are hard to reach with fixed and terrestrial mobile infrastructure and also to provide services in jurisdictions with limited infrastructure. However, the operators of satellite constellations potentially face numerous legal challenges before they could be seen as significant competitors to terrestrial telecommunications infrastructure providers. Satellite constellations are subject to complex spectrum allocation, filing and coordination proceedings at international level and, subsequently, also to national spectrum assignment proceedings in order to become operational and enter the market. National security and cyber security risks, as well as potential requirements to comply with existing telecommunications infrastructure regulation, are also issues to be considered by LEO satellite operators and service providers.

Closely Held and Growing Business Enterprises Committee second virtual retreat

Articles

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