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Protection of Designs through IP: An International Perspective

SKU: IP8200N
Total Credits
1.5 - 1.9
CDs/DVDs Only
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The relationship between designs and copyright has been historically a complex, if not challenging, one. Several countries around the world have traditionally envisaged stricter requirements for copyright protection of these objects. In addition, although IP overlaps are not prohibited per se, concerns relating to the protection of free competition and freedom of expression (including in commercial settings) have warned against too 'relaxed' interpretations of the law. Recent judicial decisions have confirmed - and seemingly facilitated - copyright protection of designs and functional objects, in some cases raising questions which have been proving difficult to answer in practice.

This discussion by international panelists, reviews the body of recent (and very recent) case law in different jurisdictions and considers both the related substantive and enforcement aspects.

Lecturer Bios

Dyan Finguerra-DuCharme

Partner Dyan Finguerra-DuCharme is the CoChair of Pryor Cashman’s Trademark Group, where she provides hands-on, end-to-end service to a diverse roster of clients. She is also a member of the Intellectual Property, Litigation, and Media + Entertainment Groups. With more than 20 years of experience litigating and advising on complex IP matters, Dyan has earned the reputation as the go-to lawyer for trademark, trade dress, false advertising, and copyright disputes.

Contentious (TTAB and Litigation)
Dyan routinely litigates trademark and unfair competition cases in federal and state courts and before foreign tribunals. Dyan also actively pursues and defends contested matters before the Trademark Trial and Appeal Board (TTAB), where she has obtained dozens of wins for clients, some after a full trial, and many on successful summary judgment or dismissal motions early in the case.

Dyan Finguerra-DuCharme
Partner, Pryor Cashman LLP, 7 Times Square
New York, NY 10036-6569
Direct Tel: 212-326-0443

Dr. Xinghao Wang

Dr. Xinghao Wang is a Director of Alibaba Group’s Global IP Enforcement team. Xinghao joined Alibaba in January 2015, and is a member of Global IP Enforcement team. He works with international brands and retail partners, industry associations, government regulators, law enforcement and other organizations to advance Alibaba Group’s IP protection efforts. Before joining Alibaba, he was an IP attorney at HSML in Minneapolis and focused on helping US companies protect their IP rights in China.

Rachael Barber, Esq.

Rachael specialises in design, trade mark and copyright litigation as well as IP protection and enforcement. She has a particular focus on the luxury, fashion and retail related industries and has worked with many leading brand names. Rachael regularly speaks at both legal and retail events. Deloitte Legal’s IP team has seen impressive growth recently with the additions of Joanna Conway from Norton Rose Fulbright and senior associate Alex Woolgar from Fox Williams LLP, hires which have expanded the firm’s online brand protection and enforcement capabilities for a range of impressive clients in the technology and financial services sectors. Rachael Barber handles trade mark disputes and commercialisation strategies for international retail and high street companies, while practice head Paul Garland is the key name for litigation in the technology sector. Recent highlights for the latter have involved copyright and design infringement work in the wearable tech and software sectors. Please note that client names cited may refer to work undertaken by lawyers prior to the team joining Deloitte.

Hanne Kirk, Esq.

Hanne Kirk specialises in IP law and assists Danish as well as foreign clients with assessments and advice, negotiation and legal proceedings. In addition to traditional IP law, including copyright, trademarks and patents, Hanne also advises on marketing law and general business law.

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