Brand & New

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)

Global sales of counterfeits are growing at a furious 15 percent each year and have reached over US $1.82 trillion in 2020. This represents 3.3 percent of global trade (according to the OECD8), with e-commerce making up more than a quarter of that, according to the Global Brand Counterfeiting Report. The rise of digital channels facilitating the sale and purchase of consumer goods has indeed fueled a rapid increase in the trade of counterfeit products around the world. No retail products seem to be spared: from cosmetics to electronics, clothing and accessories, automotive parts, and even pandemic-related medical supplies. While we usually discuss the issue of counterfeiting in the context of large international groups, often in the luxury sector, with extensive brand portfolios, in practice, smaller brands may also be the targets and victims of this crime – with very high costs, too, for their business in the short and long run.

What are the risks – for the revenue, the business, the brand – associated with counterfeiting as it relates to small and medium-sized enterprises (SMEs)? What can be done, realistically, to prevent fakes and to remove them after they appear on the market? What about e-commerce platforms: is counterfeiting a necessary evil?

Our guest is an expert in brand protection and practical anti-counterfeiting strategies especially as they apply to SMEs. Philippe Van Eekhout, a lawyer, is the CEO of ContrAtak, where he develops and implements impactful strategies to overcome counterfeiting- related issues, with a focus on serving SMEs. Prior to founding ContrAtak 15 years ago, he worked for LVMH Fashion Group as its Asia-Pacific anti-counterfeiting coordinator, and for the French company BIC as IP manager.

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.
This episode of Brand&New is sponsored by Wan Hui Da IP.

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 Philippe van Eeckhout (link to https://www.linkedin.com/in/contratak/?originalSubdomain=fr and https://www.plass.com/en/expertises/anti-counterfeiting)

Also of interest:

INTA’s 2021 Annual Meeting Virtual+: Enforcement and Anticounterfeiting track (November 17, 2021) (link to www.inta.org/2021AM)

INTA: Addressing the Sale of Counterfeits on the Internet (link to: https://www.inta.org/wp-content/uploads/public-files/advocacy/committee-reports/Addressing_the_Sale_of_Counterfeits_on_the_Internet_June_2021_edit.pdf)

INTA Fact Sheet on Counterfeiting (link to: https://www.inta.org/fact-sheets/counterfeiting-intended-for-a-non-legal-audience/)

INTA: Gen Z Insights: Brands and Counterfeit Products (link to: https://www.inta.org/perspectives/gen-z-insights-brands-and-counterfeit-products/)

INTA Board Adopts Resolutions to Strengthen Anticounterfeiting Enforcement (link to: