Conference Report

ECTA 28th Annual Conference, Vilnius, 24-27 June 2009

By Keith Havelock, ECTA Secretary General

Vilnius, Lithuania, European Capital of Culture for 2009, was the location for ECTA’s 28th Annual Conference.

Despite the economic turndown, the total attendance at this unique location reached 575, a good figure in the circumstances. Following the “artistic” theme of recent years and in deference to the city’s special cultural status in 2009, the theme of the conference was a musical one and, appropriately, the main conference centre was the National Philharmonic Hall of Vilnius, where the working events of “A Trade Mark Symphony” took place.

After Council and committee meetings, the conference began (as a Prelude), with a workshop Entitled Opposition proceedings in the EC, USA and Canada, at which the speakers were Perla Kuhn, Hughes Hubbard and Reed (US), Johanne Auger, BCF (CA) and João Miranda da Sousa, Garrigues (ES). In the evening, a Welcome Reception was held at the Vilnius Old Town Hall, conveniently situated within easy walking distance of both the Philharmonic Hall and main conference hotel, whose situation on the principal square of Vilnius ensured an intimate atmosphere for the conference. At the opening reception, introductory speeches were made by Simon Reeves, ECTA President (UK), the Chairman of the Organising Committee, Marius Jakulis Jason (LT) and by the Vice Mayor of Vilnius, who welcomed delegates to his country’s capital. He commented that the Old Town Hall had not previously been attended by so large a number of guests. After the reception, many went out to the bistros and bars surrounding the square to enjoy the warm and friendly atmosphere outside.

The conference proper began on the following day when, in the morning, the ECTA AGM took place. The “Composers”, Simon Reeves, Astra Zeneca (UK) and Marius Jakulis Jason, AAA (LT), began the proceedings and then had the distinction of introducing the Minister of Justice of Lithuania, Remigijus Šimašius, who formally opened the conference and also joined to audience for some sessions.

The first full Movement, entitled The Latest Music from the Main Players in the Trade Mark World, introduced by Annick Mottet, First Vice President of ECTA, Lydian (BE), featured as Soloists Wubbo de Boer, President of OHIM (ES), Grégoire Bisson from WIPO (CH) and Olivér Varhelyi of DG Internal Market and Services, EU Commission (BE) who took part in a discussion and question and answer session on developments in their respective spheres of influence.

After lunch, a Second Movement, The Fight against Counterfeiting, a Perpetual Theme, chaired by Gie van den Broek, McGregor Fashion Group (NL), was played in its different aspects by Alvydas Stančikas, from DG Internal Market and Services, EU Commission (BE) on Success at the Customs, Nathalie Moullé-Berteaux, Louis Vuitton Malletier/LVMH Fashion Group (FR) on Liability of Intermediaries and Carl de Meyer, Howrey (BE) on Goods in Transit. The case study on Counterfeiting in Medicines by Kristine Peers, Pfizer Inc (BE), unfortunately unable to attend, was presented by Annick Motttet .

In the evening, in good weather, delegates were treated to entertainment, music, excellent food and drink and a number of surprises at the country inn Belmontas, in the rural outskirts in Vilnius.

On the second day of the conference, the topic of the Third Movement was the Restriction of Trade Mark Rights – When the Music is out of Tune. The chairman (Conductor) was Annick Pairault, AB Initio (FR), who introduced, in a busy session, Ann-Charlotte Söderlund, Delphi (SE) on Competition Law, Oscar Benito, GlaxoSmithKline (UK) on Pharmaceutical law, Karin Pomaizlova, Pomaizlova (CZ) on Foodstuff and related laws, Jordi Güell, Curell Sunol (ES) on Freedom of Speech and Inga Lukauskiene Metida (LT) on Public Order, Morality and Bad Faith. A meaty session indeed, in which the Conductor attempted valiantly to keep the “Musicians” to Time.

The Fourth Movement was concerned with the Bar between Trade Marks and Designs and, under the conductorship of Paul Maier, President of the Board of Appeal of OHIM (ES), contributions from Fabrizio de Benedetti, Societa Italiana Brevetti (IT), Danguole Klimkevičiutė, Civil Cases Adviser, Supreme Court of Lithuiana (LT) and Beate Lalk-Menzel, Daimler AG (DE) included many interesting illustrations of this Theme.

The Finale on EU Case Law: Cacophony or Harmony, was chaired by Carl Baudenbacher, President of the EFTA Court (LU). His soloists were Michael Edenborough, Serle Court (UK). Verena von Bomhard, Lovells (ES), and Lord Hoffman, Former Lord of Appeal in Ordinary (UK). The soloists and Chairman each contributed valuable insights into aspects of the cases and courts with which they were concerned, and a good discussion followed with members of the audience. The First Vice President of ECTA then brought the conference to a close.

But this was not the end, as delegates and guests were later transported to the modern Conference Centre Litexpo, outside the city, where the Gala Dinner was held, in spacious surroundings. After a magnificent dinner, the attendees were treated to an outstanding and memorable “Gala Symphony” by the Lithuanian State Symphony Orchestra, under its Conductor Gintaras Rinkevicius. The first part of the concert was a “Tango in Symphony” and the second a selection of arias by Andrew Lloyd Webber, performed by the singers Donatas Montvydas, Rosita Civilyte and Jeronimas Milius.The combination of music, film and lights was a breathtaking spectacle. Additional musical contributions came from Arkadij Gotesman (percussion) and the Green Bridge Dance Band.

To conclude a stunning evening, thanks were expressed and presentations made to Marius Jakulis Jason, and to Gitana Siauliene and her assistants from the conference organisation, by Simon Reeves, ECTA President and Annick Mottet, First Vice President.

Finally, on the following day, delegates enjoyed an Excursion to the island Castle of Trakai, 28 kms south of Vilnius, where they were able to relax after an intense but rewarding conference. Next year’s conference will be in Barcelona, Spain from 15-19 June 2010, when we look forward to seeing you again.

Keith Havelock Secretary General