Brand & New

RECORDED BEFORE THE CURRENT SANITARY CRISIS
Major brands regularly experience crises and make the news for alleged fundamental rights violations or similar breaches with high social stakes. Think racial discrimination, privacy and data breaches, sexual harassment at the workplace, or even life-threatening health hazards such as food poisoning. 

This episode sheds light on brand crisis management, the impact of such crises on brand value and intellectual property assets, as well as the solutions and good practices of proactive and remediation plans.

Our guest, Shep Hyken, is Chief Amazement Officer at Shepard Presentations, St. Louis, Missouri, USA. Mr. Hyken is a customer service and experience expert, best-selling business author, and regular contributor to the Leadership Strategy section at Forbes.com.  He explains and illustrates the spectrum of brand crises and the different ways—good and bad—to handle them!

Every two weeks, on Tuesday, Brand & New gives the floor to inspiring individuals, with a 360-degree vision, to help brand owners, intellectual property lawyers, and marketing and finance professionals (and beyond!) stay curious and agile in an ever-evolving business environment.

Brand & New is a production of the International Trademark Association
Hosted by Audrey Dauvet - Contribution of M. Halle & S. Lagedamond - Music by JD Beats

FOR MORE INFORMATION, VISIT INTA.ORG

To go further:
About Shep Hyken (link to https://www.linkedin.com/in/shephyken/ and https://hyken.com)

Also of interest:

- INTA 2020 Annual Meeting & Leadership Meeting: Track—Managing Your Brand in Times of Crisis (link to: https://www.inta.org/inta-events/education-tracks/)
- INTA Bulletin: “Don’t Go Dark: An Interview with Edelman’s Jennifer Cohan on Brand Response to COVID-19” (link to: https://www.inta.org/perspectives/dont-go-dark-do-not-stand-on-the-sideline-an-interview-with-edelmans-jennifer-cohan-on-brand-response-to-covid-19/)
- INTA News: The Effect of a Data Breach on Brand Value (link to https://www.inta.org/data-protection-committee-update-the-effect-of-a-data-breach-on-brand-value/)
- INTA's Recommendations to Enhance Brand Value Through Data Protection (link to https://www.inta.org/Advocacy/Documents/2018/Recommendations%20to%20Enhance%20Brand%20Value%20Through%20Data%20Protection.pdf)
- Blog about crisis management (link to https://brandfolder.com/blog/crisis-management)

When security breaches make news headlines, they tend to be about nefarious hackers in another country or a catastrophic failure of technology. However, employees occasionally make mistakes that can pose grave dangers to the organization’s cybersecurity, from emailing valuable data to recipients to misconfiguring assets that enable unwanted access to company information. 

Indeed, human mistakes reportedly account for one-fourth to one-third of data and intellectual property breaches within companies. The average cost of inadvertent breaches from human error is estimated to up to $3.5 millionannually; that’s without even including breaches resulting from employee willful misconduct. Many of the biggest breaches over the last decade would actually not have happened but for some form of human error.

Our guest, Dr. Adi Gillat, shares her experience related to security breaches, and to what extent intellectual property (IP) rights are at risk, particularly in the specific context of the COVID-19 pandemic that has impacted all businesses for the last few months.

Dr. Gillat has been an IP, IT, and privacy lawyer for almost 25 years, advising Israeli technology companies oncomplex tech transactions and compliance matters. Ranked among the top transactional IP lawyers in Israel, she is a founding partner at H-F & Co., based in Tel Aviv, Israel, and leads its IP, IT and Tech-Transactions practice. She is a licensed attorney both in Israel and in the U.S., where she previously practiced IP transactional and litigation law.

Every two weeks, on Tuesday, Brand & New gives the floor to inspiring individuals, with a 360-degree vision, to help brand owners, intellectual property lawyers, and marketing and finance professionals (and beyond!) stay curious and agile in an ever-evolving business environment.

Brand & New is a production of the International Trademark Association
Hosted by Audrey Dauvet - Contribution of M. Halle & S. Lagedamond - Music by JD Beats

FOR MORE INFORMATION, VISIT INTA.ORG

To go further:
About Adi Gillat: https://www.linkedin.com/in/adi-gillat-8a39371/

Also of interest:

- Harvard Business Review, The Biggest Cybersecurity Threats are inside your Company (link to https://hbr.org/2016/09/the-biggest-cybersecurity-threats-are-inside-your-company)

- INTA On-demand Webcast: Data Privacy 101—How to Ensure Data Protection and Enhance Brand Value in the Age of Data Privacy (link to https://learning.inta.org/products/data-privacy-101how-to-ensure-data-protection-and-enhance-brand-value-in-the-age-of-data-privacy)

- INTA Report: Recommendations to Enhance Brand Value Through Data Protection (link to: https://www.inta.org/Advocacy/Documents/2018/Recommendations%20to%20Enhance%20Brand%20Value%20Through%20Data%20Protection.pdf

- Infosecurity Magazine https://www.infosecurity-magazine.com/opinions/employees-taking-data/

- Business Insights, Addressing Human Error causes Security Breaches (link to https://businessinsights.bitdefender.com/addressing-human-error-causes-security-breaches)

- Forbes, Remote Work involves Cybersecurity Risks (link to https://www.forbes.com/sites/ca

There is not a week that goes by without a privacy-related topic hitting the news—from data breaches affecting millions of people to social network marketing strategies, targeted advertising, or geolocation tracking technologies. Since the adoption of the EU General Data Protection Regulation (GDPR) in 2016, privacy issues have become critical for all companies and have reshaped how data is handled across every economic sector around the world.
Our guest, Pascale Gelly, Group Data Protection Officer at Schneider Electric, a world leader in energy and automation digital solutions, shares the essentials about GDPR and its impact on companies, society, and intellectual property in the European Union and beyond. She has been practicing data protection law since the 1990s in Paris, France, handling data protection affairs for major international companies such as GE, and working as an outside counsel on emerging and international issues. 

Brand & New is a production of the International Trademark Association
Hosted by Audrey Dauvet
Contribution of M. Halle & S. Lagedamond - Music by JD Beats

FOR MORE INFORMATION, VISIT INTA.ORG

To go further:
About Pascale Gelly (link to https://www.linkedin.com/in/pascalegelly/?originalSubdomain=fr)
About Schneider Electric (link to https://www.schneider-electric.com/ww/en/)
Also of interest:
EU Data Protection Rules (link to https://ec.europa.eu/commission/priorities/justice-and-fundamental-rights/data-protection/2018-reform-eu-data-protection-rules/eu-data-protection-rules_en)
Library of information about GDPR (link to https://gdpr.eu)
World IP Review, "Beyond the intersection of privacy and trademark law" (link to https://www.worldipreview.com/contributed-article/gdpr-and-beyond-the-intersection-of-privacy-and-trademark-law)
Harvard Office of Human Research Administration (link to https://www.hsph.harvard.edu/ohra/gdpr/)
McKinsey Insights about GDPR (link to
https://www.mckinsey.com/business-functions/risk/our-insights/gdpr-compliance-after-may-2018-a-continuing-challenge)
INTA 2020 Europe Conference, Brands, Sports, and Esports: A Brand (R)evolution (link to https://www.inta.org/Programs/Pages/2020Madrid_Overview.aspx)
INTA 2020 Annual Meeting, April 25-29, 2020, Singapore (link to https://www.inta.org/2020Annual/Pages/Home.aspx)
INTA E-Learning Programs on GDPR and WHOIS (link to https://www.inta.org/E-Learning/Pages/E-Learning.aspx)
WHOIS Challenges: A Toolkit for Intellectual Property Professionals (link to https://www.inta.org/Advocacy/Documents/2018/WHOIS%20Challenges%20A%20Toolkit%20for%20Intellectual%20Property%20Professionals.pdf)
INTA Daily News (page 8)—GDPR’s First Anniversary of Implementation and WHOIS: Where Are Brand Owners Now? (link to https://www.inta.org/PDF%20Library/2019Daily/2019DailyNews_Day5.pdf)
 INTA Daily News (page 18)—GDPR and Beyond: The Intersection of Privacy and Trademark Law (link to https://www.inta.org/PDF%20Library/2019Daily/2019DailyNews_Day2.pdf)
The Trademark Reporter—Commentary: Availability of WHOIS Information After the GDPR—Is It Time to Panic? (link to https://w

Intellectual Property law as we know it has been shaped by technology evolutions over the last century, today’s tech innovations seems to have a higher disruptive effect on traditional IP legal concepts. Think AI, algorithms, data science, connected objects, or even life science new techs. Is our IP legal system outdated? How should we, as lawyers, address today’s legal challenges relating to machine-generated innovation, machine learning capabilities, and data processing? What evolutions should we reasonably foresee, in terms of legal doctrines, but also from a governance and policy perspective? And in that context, what will be the role of the IPOs of tomorrow? Francis Gurry has led the World Intellectual Property Organization (WIPO) as Director General since October 1, 2008. Under his leadership, WIPO has addressed major challenges, including notably managing the stress on the international patent and copyright systems produced by rapid technological change, globalization and increased demand; and ensuring that the IP system serves its fundamental purpose of encouraging creativity and innovation in all countries.

Every two weeks, on Tuesday, Brand & New gives the floor to inspiring individuals, with a 360-degree vision, to help brand owners, intellectual property lawyers, and marketing and finance professionals (and beyond!) stay curious and agile in an ever-evolving business environment.

Brand & New is a production of the International Trademark Association
Hosted by Audrey Dauvet
Contribution of M. Halle & S. Lagedamond - Music by JD Beats

FOR MORE INFORMATION, VISIT INTA.ORG
To go further:
About Francis Gurry (link to https://www.wipo.int/about-wipo/en/dgo/index.html)
About WIPO (link to https://www.wipo.int/about-wipo/en/)

Also of interest:
- Francis Gurry about data rights & AI (link to https://www.wipo.int/about-wipo/en/dgo/news/2019/news_0044.html, https://iprinfo.fi/artikkeli/francis-gurry-first-we-should-ask-the-right-questions/ and 
https://www.managingip.com/Article/3879472/Preview-WIPO-director-general-predicts-AI-liability-changes.html?ArticleId=3879472)
- WIPO Report 2019 (link to https://www.wipo.int/wipr/en/2019/)
- MIT Technology Review about "data ownership" (link to https://www.technologyreview.com/s/612588/its-time-for-a-bill-of-data-rights/)
- INTA 2020 Annual Meeting (link to https://www.inta.org/2020Annual/Pages/Home.aspx)

The European Union formed in 1992 with the signing of the Maastricht Treaty in the city located at southern tip of the Netherlands. 12 counties initially joined the EU, and this has since grown to 27 member states. The European Union was once described as the “grand experiment.” Experiments are not without challenges... and setbacks. The exit of the United Kingdom—or Brexit—in 2020 was a major disappointment for the EU, but it has otherwise proven successful, albeit fragile and, in many respects, continues to strengthen as a unified citizen-led democracy.

The last few years have been tough on the EU. Economic uncertainty, rising inflation, and high energy prices, largely linked to Russia’s invasion of Ukraine, have left Europeans with a deepening sense of pessimism. In a survey of Europeans in the 2023 Edelman Trust Barometer, only 20 percent agreed that they or their family will be better off in next five years. Trust in government is low and there is a deepening divide on critical issues.

At the same time, the EU is the largest single market globally today. With a population approaching 450 million people and a GDP of €16 trillion, if it was a country, it would be the world’s third largest (by both these metrics). The EU is ultimately a political and economic partnership, but it faces similar challenges to other economies. And these challenges are frequently compounded by the need to find consensus—and often compromise—among the 27 member states on very complex issues. No doubt, that is essentially how democracy works—it’s difficult by design—but the EU government and member states do just that: They find consensus and compromises, and they legislate. A recent example is the Artificial Intelligence Act, the first-ever legal framework on AI, which was unanimously endorsed by all 27 member states.

Our guest today is Karen Melchior. In 2019, Ms. Melchior became a Member of the European Parliament (MEP). Frustrated with the state of politics in both Denmark and the EU, she first ran for office in 2014 and was elected the following year to the Copenhagen City Council, where she served on the Social Committee and the Health and Care Committee.

Ms. Melchior has worked as a diplomat for the Danish Ministry of Foreign Affairs and in data protection law and IT security at the Danish Agency for Labor Market and Recruitment. She holds an MA in Law and a Masters of Public Administration.

As a MEP, Ms. Melchior serves on three committees: Legal Affairs, Women’s Rights and Gender Equality, and Internal Market and Consumer Protection. She is also a member of Renew Europe, the third-largest political group in the European Parliament.

In an online biography, Ms. Melchior said the following: “Political systems are created by people. They can also be changed by people. We cannot afford to let our frustrations grow to the point where they overshadow our capacity for action. Hate can be triggered as easily as hope. The society we have built, based on cooperation and freedom, is fragile. We need to fight every day to sustain it. We can achieve a lot if we dare to try! Let’s roll up our sleeves, lift our gaze, and work together to create the kind of world we want.”

Resources:

• About MEP Karen Melchior (European Commission)
• About MEP Karen Melchior
• The EU Artificial Intelligence Act
• Corporate Sustainability Due Diligence (European Commission)