Spring Conference 2022
It’s great to Re:connect
Being able to meet in person brought a real buzz to our latest gathering
The enlivening buzz of activity and conversations, not seen for more than two years at a CITMA event, returned with our in‑person Spring Conference, which put the emphasis on Re:connecting.
Our drinks reception at The Refinery thronged with excited delegates who were meeting connections they had not seen for a long time and making new connections in a relaxed environment.
Earlier in the day some 30 delegates took part in our corporate social responsibility sessions – either volunteering at Vauxhall City Farm to help create a community garden or providing pro bono advice to small businesses on their trade marks.
The full second day of the conference saw more than 180 people come together at IET London: Savoy Place in central London for a day of learning and networking.
From dealing with troublesome opponents to drafting coexistence agreements, our experienced speakers helped delegates to find practical solutions to stay at the top of their game.
London was bathed in sunshine for the occasion, and delegates made the most of the weather on the balcony overlooking the Thames and the famous London skyline.
Attendees were joined by nine exhibitors, including sponsor Corsearch and sector support charities LawCare and Jonathan’s Voice.
Conference keynotes
In her keynote address, Emma Himsworth QC set out the close relationship between strong mentoring and networking opportunities and the preservation of the diversity of the trade mark and IP community.
Himsworth, who works at One Essex Court and is an Appointed Person and Chair of the IP Bar Association, touched on four main areas: observation, networking, mentoring and the acknowledgement of issues related to EDI (equality, diversity and inclusion).
As a result of the pandemic, she said, almost all UK IPO hearings – which are open to the public – take place over Microsoft Teams.
For early‑career practitioners and students the benefits of this are significant. For many practitioners, observing more experienced industry colleagues in the courtroom is an invaluable method of learning and its benefits stretch far beyond qualification.
In the past, Himsworth explained, court observation has historically required the financial and time commitment of travelling to the courtroom, often for a very short hearing.
Therefore, the shift to online hearings allows a far more diverse audience to access the development opportunities that are on offer.
Himsworth also emphasised the mutual benefits of mentoring relationships between early‑career practitioners and students, and their more experienced colleagues.
If the trade mark profession is to retain the best talent possible, especially those from underrepresented backgrounds, mentoring relationships are key.
These relationships have the obvious benefit of offering newer participants a sense of community within the industry and a friendly ally who can offer support in the earlier stages of their career.
However, the benefits are not one‑sided. Himsworth explained how her mentorships have allowed her to appreciate the ways in which the industry is continuing to change, both in response to the pandemic and more generally.
Having mentees who can share their experiences and hopes allows later‑career practitioners to maintain an accurate and holistic impression of the directions in which the industry is moving, and to adjust their perceptions and expectations accordingly.
Long‑term mentoring relationships are not the only source of valuable input.
Access to networking opportunities – such as those available at in‑person CITMA events – frequently provides experiences and ideas that would otherwise have remained out of reach.
However, fruitful networking requires access to people at different stages of their career. With this in mind, Himsworth drew attention to the importance of senior practitioners volunteering their time for events, such as those run by IP Futures and CITMA, and INTA student meetings.
Sharing expertise in these environments allows less experienced colleagues to develop and feel confident in a wider variety of settings.
This, in turn, supports people to both stay in and climb within the IP industry. For those who are new to the industry, arranged networking opportunities are key, reducing the reliance on chance encounters.
This is even more pronounced during an era when most people are working at least partially from outside the office.
Yet, mentor/mentee relationships and networking aren’t the only ways in which more experienced trade mark professionals can support current students and career beginners, Himsworth said.
The visibility of underrepresented groups in senior positions is beneficial in itself. For many, seeing a woman successfully climb through the ranks sends a powerful message.
However, while presence and visibility are important, they are not a substitute for action. As Himsworth summarised:
“I’ve come to realise that if we are to achieve a better future in IP, it is important in particular for senior practitioners from whatever part of the IP profession actually to do something to make a difference.”
Our vital role
The work our members do is more important than ever as the UK continues to boost innovation, Minister for Intellectual Property George Freeman MP told delegates as he gave our Spring Conference closing address.
"As we seek to harness the lessons of the pandemic and continue that pace of innovation across all sectors of our economy, it’s going to make the work that you are doing even more important,” Freeman told delegates.
He went on to announce that the UK IPO is extending its IP Access scheme, making £2.5m in grants available to SMEs. “That’s a tangible opportunity to support more than 500 SMEs to access advice from IP professionals, enabling their businesses to grow and thrive,” he said.
He added: “I deeply believe that IP should be more accessible and that open data is one of the most important ways we can drive innovation. This allows more of the data that we have on Government and arm’s‑length bodies to be made available to help drive the innovation landscape.
"The work the IPO is currently doing to transform its services and the UK IP framework is hugely important, and I thank everyone involved for it.”
Freeman took the opportunity to reflect on the work of CITMA, remarking that: “I have seen just how important the work that CITMA does is, not just for its members but for the IP landscape as a whole … I know how constructively you have engaged with my officials across a wide range of trade mark policy law and operational practice at the IPO.”
He concluded by saying: “I hope you have had a chance to acknowledge and celebrate the great work that you are doing.”
China brand protection
Despite difficulties for many brands over the years protecting and enforcing rights, recently amended trade mark legislation in China is helping to combat issues such as bad faith applications, Jamie Rowlands (Gowlings WLG) told delegates in one of the conference sessions.
“China developed quite quickly” after it joined the World Trade Organization in 2001, “and has put in place legislation, both primary and secondary, that does make the system workable,” he said.
Rowlands added that, despite this, the system in China can be bumpy, so “local advice and early registration are vital for working in an environment which is just so different”.
He went on to explain that there have been some big shifts in recent years, with the trade mark law in China having been amended in 2019, the fourth amendment to the legislation. In particular, there have been updates to the rules around intention to use, a requirement for agencies to act with integrity and honesty, and increases in damages.
In addition, new China National Intellectual Property Administration (CNIPA) guidelines came into effect at the start of 2022 to make the process clearer and more consistent.
This may account for a “staggering” number of trade mark applications, remarked Rowlands, with more than nine million applications made in China in 2020 alone.
He then described the two main types of bad faith application in China – squatting and hoarding.
“Hoarding is a real problem in China; you have filers who have absolutely no intention of using the marks filing thousands of applications in one go, just waiting to try and profit from that,” Rowlands said.
Article 4 of the new 2019 trade mark law aims to help fight bad faith trade mark applications on intention to use. It allows CNIPA to unilaterally reject bad faith applications for hoarding at the examination stage as an absolute right of refusal. And it is having an impact.
Rowlands said: “The team I work with in China has seen a dramatic drop in hoarding over the past couple of years as a result.”
He admitted that because of the sheer number of trade marks being filed, examiners are not going to pick up everything, which makes it important that the process through which third parties apply for invalidity for non‑use is straightforward.
Rowlands suggested that the success rate for invalidity proceedings for bad faith is now well above 50%, moving up from around 20% a decade ago.
“The best protection is to register trade marks as early as possible. The second thing to consider is filing as broadly as possible,” Rowlands advised delegates.
This is the case also if you are manufacturing in China for export. If a third party, for example the manufacturer or agent, registers that trade mark in the relevant goods and services, it can then record the trade mark at customs.
The goods could then be held at customs while a dispute is ongoing. This is particularly dangerous if the parties have fallen out. “It could take two years and it can be costly,” remarked Rowlands.
On litigating registered trade marks in China, he said: “My experience of litigating in China is that with early strategic planning and a firm idea of where you want to end up, the court system in China is workable.”
Members muck in
Conference delegates and members of the CITMA team gave their time to preparing the community garden at Vauxhall City Farm ahead of landscaping work.
The garden has been in development since May 2020, supported by a grant from Lambeth Council.
In response to significantly above‑average levels of childhood obesity in Lambeth, and a lack of access to garden space, the farm hopes to offer children knowledge and confidence in small‑scale agriculture and nutrition.
James Yow and Peter Byrd, both from Charles Russell Speechlys, said: “It was a great opportunity to connect and reconnect with contacts in an informal way. It is so important to give something back and support these organisations that do so much good for their communities.”
In addition to supporting healthier nutrition and democratising access to garden space, the project will contribute to the area’s biodiversity: volunteers and families will learn to grow vegetables, flowers and herbs.
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