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CIP FORUM 2020 PLENARIES – PROFESSIONALIZATION

Keynote

• Suzanne Harrison, Principal, Percipience
• Dan McCurdy, CEO, RPX

Panel

Moderator:
• Joff Wild, Editor, IAM Magazine

Panelists:
• Charlotta Ljungdahl, Head of IP, ABB
• Kent Richardson, CEO, RichardsonOliver Insights
• Keith Bergelt, CEO, Open Invention Network
• Ruud Peters, CEO, Peters IP Consultancy

CIP FORUM 2020 WELCOME + PLENARIES – DIVERSIFICATION

CIP / UC Berkeley Welcome – Transforming knowledge into wealth and welfare:

• Lee Fleming, Professor and Director, Fung Institute of Engineering Leadership
• Stephany Prince, Executive Director, Fung Institute of Engineering Leadership
• Bowman Heiden, Co-Director, CIP

Chairpersons introduction:

• Suzanne Harrison, Principal, Percipience
• Dan McCurdy, CEO, RPX

Keynote:

Speaker:
• Allen Lo, Vice President and Deputy General Counsel, Product, IP, and Legal Operations, Facebook

Panel:

Moderator:
• Raymond Millien, CIPO, Volvo Cars

Panelists:
• Jeremiah Chan, Director and Associate General Counsel at Facebook; Patent Public Advisory Committee Member, USPTO; DEI Advocate
• Sandra K. Nowak, Chief IP Counsel, Consumer Business Group, 3M Innovative Properties Company
• Rachel Adams, General Counsel and Vice President, Lenovo
• Ty Lord, Partner, Kilpatrick Townsend & Stockton

 

CIP FORUM 2020 Keynote by Dan McCurdy & Suzanne Harrison – Professionalization

Speakers:
• Suzanne Harrison, Principal, Percipience
• Dan McCurdy, CEO, RPX

CIP FORUM 2020 is the 20th anniversary of the founding of CIP, so the theme of “A Brave New World” was chosen to focus on the IP consequences of the technical, economic, and geopolitical developments over the last 20 years and the predictions for the next 20 years (20/20 vision if you will). This 20-year milestone offers a unique opportunity to critically reflect on how far we have come and where we are heading using a broader time horizon. The event will build on the main themes of transformation initiated in 2018 and expanded over five days as follows:

1. Diversification (Societal Transformation) focuses on the state of development towards diversity and equality in the fields of IP, innovation, and entrepreneurship

2. Digitalization (Digital Transformation) A focus on the changing role of market collaboration and competition in an era of digital transformation

3. Globalization (Global Transformation) A focus on the increased geographical collaboration and competition in an era of global transformation

4. Institutionalization (IP System Transformation) A focus on the IP system as a core institution and its impact on innovation in an era of global, digital transformation

5. Professionalization (Professional transformation) A focus on the development of the IP profession in an era of global, digital transformation

CIP FORUM 2020 Keynote by Stephen Haber – Globalization

 

Speaker:
• Stephen Haber, Professor, Stanford University; Senior Fellow, The Hoover Institution

CIP FORUM 2020 is the 20th anniversary of the founding of CIP, so the theme of “A Brave New World” was chosen to focus on the IP consequences of the technical, economic, and geopolitical developments over the last 20 years and the predictions for the next 20 years (20/20 vision if you will). This 20-year milestone offers a unique opportunity to critically reflect on how far we have come and where we are heading using a broader time horizon. The event will build on the main themes of transformation initiated in 2018 and expanded over five days as follows:

1. Diversification (Societal Transformation) focuses on the state of development towards diversity and equality in the fields of IP, innovation, and entrepreneurship

2. Digitalization (Digital Transformation) A focus on the changing role of market collaboration and competition in an era of digital transformation

3. Globalization (Global Transformation) A focus on the increased geographical collaboration and competition in an era of global transformation

4. Institutionalization (IP System Transformation) A focus on the IP system as a core institution and its impact on innovation in an era of global, digital transformation

5. Professionalization (Professional transformation) A focus on the development of the IP profession in an era of global, digital transformation

CIP FORUM 2020 Keynote by David Teece – Big Tech and the Digital Economy

 

Speaker:
• David Teece, Professor, UC-Berkeley; Chairman and Principal Executive Officer at Berkeley Research Group

CIP FORUM 2020 is the 20th anniversary of the founding of CIP, so the theme of “A Brave New World” was chosen to focus on the IP consequences of the technical, economic, and geopolitical developments over the last 20 years and the predictions for the next 20 years (20/20 vision if you will). This 20-year milestone offers a unique opportunity to critically reflect on how far we have come and where we are heading using a broader time horizon. The event will build on the main themes of transformation initiated in 2018 and expanded over five days as follows:

1. Diversification (Societal Transformation) focuses on the state of development towards diversity and equality in the fields of IP, innovation, and entrepreneurship

2. Digitalization (Digital Transformation) A focus on the changing role of market collaboration and competition in an era of digital transformation

3. Globalization (Global Transformation) A focus on the increased geographical collaboration and competition in an era of global transformation

4. Institutionalization (IP System Transformation) A focus on the IP system as a core institution and its impact on innovation in an era of global, digital transformation

5. Professionalization (Professional transformation) A focus on the development of the IP profession in an era of global, digital transformation

CIP FORUM 2020 Keynote by Allen Lo – Diversification

Speaker:
• Allen Lo, Vice President and Deputy General Counsel, Product, IP, and Legal Operations, Facebook

CIP FORUM 2020 is the 20th anniversary of the founding of CIP, so the theme of “A Brave New World” was chosen to focus on the IP consequences of the technical, economic, and geopolitical developments over the last 20 years and the predictions for the next 20 years (20/20 vision if you will). This 20-year milestone offers a unique opportunity to critically reflect on how far we have come and where we are heading using a broader time horizon. The event will build on the main themes of transformation initiated in 2018 and expanded over five days as follows:

1. Diversification (Societal Transformation) focuses on the state of development towards diversity and equality in the fields of IP, innovation, and entrepreneurship

2. Digitalization (Digital Transformation) A focus on the changing role of market collaboration and competition in an era of digital transformation

3. Globalization (Global Transformation) A focus on the increased geographical collaboration and competition in an era of global transformation

4. Institutionalization (IP System Transformation) A focus on the IP system as a core institution and its impact on innovation in an era of global, digital transformation

5. Professionalization (Professional transformation) A focus on the development of the IP profession in an era of global, digital transformation

Interview with Paul Fehlner

CIP is 20 years old this year.  What are the major changes that you have seen in the IP world over the past 20 years?

This is one area where harmonization has increased. The other big change is that the US has become more anti-patent by elevating patent eligibility to a super-patentability requirement that knocks out important biotechnology and digital technology inventions.

What do you see as the major IP changes or challenges for the next 20 years?

On the positive side, personal data may be recognized and protected as an IP right. IP-fueled open innovation platforms may accelerate development across fields beyond software and basic research. On the negative side, anti-IP forces made up of critics of IP rights on the left and entrenched businesses that want to suppress competition on the right both have the potential to harness popular opinion against new technology, and IP will be a victim or at best become irrelevant.

What advice do you have on how to manage IP in times of crisis?

Consider alternate scenarios and make decision that would be the same for all or most of the scenarios. It’s unlikely that any scenario will arrive as anticipated, but decisions that are right for different theoretical scenarios are more likely to work for actual future events.

Will this current crisis create changes in how IP is used or managed and, will it last beyond the crisis?

The COVID-19 challenge has the potential to demonstrate the value of open innovation in biopharmaceutical research, reducing the tendency to secrecy in terms of manufacturing, clinical data, and regulatory filings. The COVID-19 Technology Access Platform, based on the acknowledgment of and respect for IP rights, could head off anti-IP actions such as compulsory licenses and arbitrary patent revocations or blatant refusal to enforce patent rights.

About Paul Fehlner’s role

I support research, development, and commercialization of products by building a comprehensive IP plan around the company strategy. We keep elements of exclusivity, reputation, and collaboration continuously in mind. All this work has to fit into the company’s culture. I am involved in company management, especially climate and culture.

Interview with Henrik Olsson

CIP is 20 years old this year.  What are the major changes that you have seen in the IP world over the past 20 years?

Breakdown of classical value chains into networks where intangibles, and their management, play a key role. Also, there are new technologies and globalization. Right now, many companies are in the process of understanding and adjusting their business and internal ways of working to win in the new business reality.

What do you see as the major IP changes or challenges for the next 20 years?

Holistic: The optimization goes from individual types of IPRs to build a platform of control where you have a mix of business operating models, IPRs, agreements, and trade secrets. The IPR community is now adjusting to this. The pressure to deliver commercial value: Companies increasingly want to know and see the commercial contribution from IP (today and future). Relevant stakeholders in a company are normally willing to take part in IP operations – as long as they understand why.

What advice do you have on how to manage IP in times of crisis?

Keep cool – don’t do the wrong things. There can be a lot of pressure to cut costs, but that has to be done in an intelligent way so that the future is not harmed. Perhaps future historians, when describing our current times, will talk about: “COVID19 mistakes” IP is a long term activity. Hopefully, COVID19 is a short one. It is important to remember that some industries are in a crisis and others blossom.

Will this current crisis create changes in how IP is used or managed and, will it last beyond the crisis?

A stronger focus on doing the right things – more selective actions Stronger commercial focus Shifting focus to “must-haves” rather than “nice-to-haves”.

About Henrik Olsson’s role

I strengthen the competitiveness and profitability of companies.

Interview with Béatrix de Russé

CIP is 20 years old this year.  What are the major changes that you have seen in the IP world over the past 20 years?

20 years ago, there was an increased awareness of the benefits of IP at the Board level in many companies; now it seems that this trend has more or less disappeared, except in Asia. China has emerged as a major IP actor, as evidenced by the number of filed patents and the establishment of special IP courts. But Europe is proving more resistant to IP coordination and reinforcement ( UPC, European patent …). The USA is again becoming more patent adverse. The opposition between IP promoters and their opponents has reached an unprecedented level.

What do you see as the major IP changes or challenges for the next 20 years?

More pressure on IP and increased difficulties for IP holders due to the current challenging of various groups promoting the free use of innovation; Chinese IP holders ” invading” the rest of the world with their patents ( quality will improve) and forcing westerners to use their technologies; continuous anti IP lobbying in sectors such as green and clean technologies or pharmacy; difficulties to adapt current IP rights to digital and dematerialized innovation.

What advice do you have on how to manage IP in times of crisis?

Continue to promote IP at all levels: governments, corporations, SMEs, etc; continue to innovate and file patents, while thinking of potentially new IP rights adapted to the new world; press for more coordination at worldwide level, including with China.

Will this current crisis create changes in how IP is used or managed and, will it last beyond the crisis?

Either this crisis will open eyes on the need for more coordination at regional and worldwide levels and efforts may lead to a revival of IP, even in different forms and to greater innovation for, ao, the pubic welfare. Or clusters will appear and major corporations will use their rights for their sole benefit, reducing competition, increasing prices, and impairing innovation…

About Béatrix de Russé’s role

After 20 years as the head of IP and Licensing at Thomson/Technicolor, I am now a consultant in IP strategy, licensing, etc.

Interview with Robertha Höglund

CIP is 20 years old this year. What are the major changes that you have seen in the IP world over the past 20 years?

The strategic importance of China as a market and region, the improvement and development of the Chinese IP system to be fairer to foreign companies; the sophistication in IP strategy in big tech companies such as Philips; Digitalisation, and big data. Even in very traditional production companies like Elkem these topics are very relevant and we deal with big data. We just created a Digital Office with a Head of Digital to coordinate all efforts in the organization via agile methodology. I also see many and more sophisticated products (software) to manage IP. Interesting Softwares to create patent Budgets, patent landscapes, patent metrics, Dashboards, interesting IP management systems, innovation systems, AI loaded Trademark search databases.
While trade secrets have always being used, the knowledge and awareness on how to manage them have increased at least in the last 5 years due to legislation in the USA and Europe. I have also seen an increase in litigations specifically related to Trade Secrets. I also have noticed a re-invention of classical IP firms to become more of a business adviser. For example Awapatent now rebranded as AWA. Gone are the golden days when IP law firms were charging so much for doing only translations and extending PCT Applications. Taking attorney fees for many tasks that were purely administrative. Lastly, this one is not a major change, but the proportion that intangible assets have in the valuation of a company has increased with an additional 4%.

What do you see as the major IP changes or challenges for the next 20 years?

Artificial Intelligence. It is a challenge in the way that we will see more inventions generated by AI entities and right now current IP laws are not written to protect such inventions as they are meant to protect the efforts of the human mind. I believe that in the very long term, these laws may change, but then we also need the creation of new laws to define an artificial entity and its rights. Another challenge that I see is still the lack of understanding about IP outside of the IP bubble. It is still normal to have ignorance about IP in the c-suite. Maybe a challenge for us practitioners is to speak a language that business people understand.
I hope that a positive IP change in the next 20 years is the inclusion of IP courses as part of the normal curriculum in business, medical and engineering schools. It should not be a niche education! In my opinion, IP courses are as important as basic finance courses. Very costly mistakes are done because young students that become professionals don’t have a clue about IP. I cringe when I hear colleagues say they will patent a word. But that really does not have any economic impact, but when a researcher comes up with something new and he/she publishes it before patent protection, good luck with the damage control.

What advice do you have on how to manage IP in times of crisis?

Don’t panic and don’t lose your long term focus. All crises past at some point and you must be prepared for the good times. Of course don’t indulge with registrations you don’t need but keep protecting your assets. In the world of patents, a missed deadline to enter the national phase is a missed deadline. So if the product is strategic, take the cost, and suck it up. Better times will await.
Also, talk your way with your agents to negotiate better rates and explore the use of specialized translations firms that can give you savings when dealing with multiple translations for entering the national phase of a PCT application. Negotiate with your suppliers when the time to renew the contract for whatever software you use arrives. You need the product, your manager is pushing you to cut costs, and sellers want to sell as they earn on commission so often times they are willing to give discounts in times of crisis.

Will this current crisis create changes in how IP is used or managed and, will it last beyond the crisis?

If you are talking about the pandemic with Covid-19, nothing has really changed for us in terms of serving our internal customers. We keep super busy. However, a positive consequence of this pandemic has been the forced digitalization pace in the IP department. We have made considerable improvements in our internal routines to deal with less paper and having a true mobile IP department. We also have had more efficient and cheaper meetings because they are executed via TeamsMeetings.
So we should definitely keep these good habits after Covid-19. We also used the opportunity to take many interesting Webinars on different IP topics that we found via LinkedIn. They were for free and very useful. One thing that is not the same is the face-to-face IP training for particular groups of employees. The internal courses are appreciated and we like to organize them as we also have some sort of social moment. For this we very much hope we are able to resume our training after the autumn, but it is not certain it will happen.

About Robertha Höglund’s role

Manage the Intellectual assets of Elkem ASA, educate employees on the topic of Intellectual Property, and draft IP policies in the Company. And what I dream that I do is to generate a super IP savvy C-suite in my organization. I hope one day I do that.