Innovative intellectual property strategies key topic at 2024 ABA-IPL Section Annual Meeting

Event set to be held in Maryland April 17-19


Legal, technology and patent and trademark experts will discuss the latest strategies for using AI, including ethical considerations, cybersecurity issues and data privacy concerns, during the 2024 American Bar Association Section of Intellectual Property Law Annual Meeting, April 17-19, at the Bethesda North Marriott Hotel & Conference Center in Rockville, Maryland.

Speakers at the two-day meeting will address cutting-edge topics in the intellectual property arena, including deep fakes and copyright, cultural and social responsibility in trademark and branding and a lively discussion — centered around intellectual property strategies — about the food revolution that is pitting innovative companies that offer cell-based food options against traditional companies that offer animal-protein based foods.

Mark A. Lemley, the William H. Neukom Professor of Law at Stanford Law School, director of the Stanford Law School Program in Law, Science & Technology and a founding partner of the law firm Durie Tangri LLP, will deliver remarks at the ABA-IPL section luncheon on Thursday, April 18. He will receive the annual Mark T. Banner Award, which recognizes exemplary individuals or groups for their contribution to intellectual property law and/or practice. Leonard P. Stark, circuit judge for the U.S. Court of Appeals for the Federal Circuit, will deliver remarks during the keynote luncheon on Friday, April 19.

Program highlights include:

• “Mark My Words: AI’s Role and Key Ethical Considerations for Trademark Professionals — Lawyers are increasingly being solicited to adopt AI tools to enhance their practices and improve the delivery of services to their clients. This panel will discuss how trademark attorneys can leverage AI to streamline search and clearance, minimize billable hours on administrative tasks and reduce legal expenses for clients, while still fulfilling their ethical obligations. Specifically, the panel will delve into the Rules of Professional Conduct that govern oversight and the exercise of appropriate legal judgment, while also highlighting how cutting-edge technologies can improve client service.

• “Deep Fakes, Copyright and the Right of Publicity” — Is inauthentic content the future of media or its destruction? Inauthentic content may drive better movies and music experiences. At the same time, it raises serious questions about privacy rights, disinformation and misleading advertising. Hear from a panel of experts on the pros and cons of inauthentic content, potential legal solutions and how generative AI engineers are thinking about these issues.

• “Cultural and Social Responsibility in Trademark and Branding: Avoiding Branding Pitfalls” — Experts will discuss the fundamentals of trademark clearance searches and the importance of diversity in intellectual property law and the intersection of diversity and social awareness in the branding and trademark practice.

• “Trademark Trial and Appeal Board Hearing and Judges Panel” — This session will include an actual Trademark Trial and Appeal Board (TTAB) hearing, presented live with Judges Albert J. Zervas, David K. Heasley and Martha B. Allard who will hear cases 91276874  and 91284093 presented by Counsel for the Opposer Glenn S. Bacal and Sean D. Garrison of Bacal Law Group in Scottsdale, Arizona, and Counsel for the Applicant Scott G. Ulbrich and Gregory L. Koeller of Minnetonka, Minnesota.

• “Trademark Warriors Unleashed: Safeguarding Brands Beyond Borders” — The panel will explore the challenges of enforcing trademark rights in foreign jurisdictions and analyze the key legal principles, treaties and conventions governing international trademark enforcement. Case studies illustrating successful cross-border enforcement strategies will be provided. The panel also will share best practices for collaborating with local counsel and authorities in the U.S., European Union, China and Brazil.

• “Cell-Based and Alternative Proteins — The Future of Food” — Alternative proteins are plant-based and food-technology alternatives to animal proteins. They include food products made from plants (for example, grains, legumes and nuts, fungi (mushrooms), algae, insects and even cultured or cell-based (lab-grown) meat. This food revolution is progressing at light speed, and this presentation will explore the strategies of being an innovator in the field. Traditional food companies usually live and die by their trade secrets while traditional life science companies live and die by their patents. These newer companies are the intersection between these two worlds, and it’s this intersection that deeply affects their IP strategies. This presentation will examine the risks and rewards these companies face rooted not only in IP but in the international cultural, social, ethical and regulatory acceptance of their products.

• “AI Ethical Competency: What Every IP Lawyer Needs to Know About Artificial Intelligence in the Practice of Law” — Artificial intelligence has far-reaching consequences on the practice of law, and recent technological advances require lawyers to understand how AI can impact their practice of intellectual property law. Legal industry thought leaders and academics will discuss best practices and considerations for the proper use of AI, including ethical considerations, cybersecurity issues and data privacy concerns. Part of the discussion will address new technology innovations and how they are being used by IP lawyers and firms involved in prosecution, litigation and transactional work. The panel also will provide an update on key legal issues, including the most recent court decisions addressing ethics considerations and claims against lawyers or law firms relating to AI.

For additional information on the conference, visit www.americanbar.org/groups/intellectual_property_law.