Ilan Cohn, Dorit Karine and Former Commisioner Asa Kling are to be congratulated for organizing a balanced high level program with parallel sessions relating to different aspects of IP, that was fairly well-structured. It was less schleppy than the 2016 reincarnation, but was nevertheless not inspiring. Participants returning to their offices would probably use terms like OK (בסדר) to describe the event to their colleagues. However, I can’t see anyone telling those colleagues that they missed out by not attending. Attendance levels were high for an Israel IP event, but low when considering the potential and the resources invested.
As in previous years, the event was held at the prestigious David Intercontinental in Tel Aviv. There were over a hundred speakers, but luckily they were spread out over two days and with three sessions running in parallel and most having panels of four or five speakers, this was less overwhelming than it sounds.
After the usual self-congratulatory opening remarks, the conference kicked off with Judge Asher Grunis former Head of Supreme Court criticizing Judge made law, specifically the infamous A.Sh.I.R. ruling. Being a formalist myself, it was enjoyable hearing a Supreme Court president criticizing judges doing what they like.
It would have been nice would have been reference to the recent injunction against Rami Levy in the Baladi case and also the controversial Unipharm vs. Sanofi which both related to Unjust Enrichment in IP matters. Then again, Rami Levy recently appealed the pasta injunction and may well be appealing the minute steak injunction, and Unipharm vs. Sanofi is under appeal, so perhaps he was correct not to address these cases.
It is not every day that one gets to hear a former Head of the Supreme Court discussing judicial legislation which is a hot topic at present due to attempts by the Justice Minister to reign in judicial activism.
Unfortunately, Judge Gronis didn’t bother using visual aids, and did not balance his talk by showing how judicial creations such a contributory infringement and indirect infringement (Srori, Rav Bareakh) can be valuable.
The conference was wide-ranging, with sessions on various aspects of patenting, including pharmaceuticals and computing which are always controversial.
There were also sessions on the interfaces of trademarks and designs and copyright and designs. The issue of content piracy over the Internet and new legislation addressing this issue was presented. There was a session on trade secrets and one on copyright infringement over the Internet, so there was much to interest IP lawyers and not just patent attorneys.
New tax issues relating to international companies were discussed, and how this would likely affect Israel. I took the opportunity to ask the panel about the VAT issue, and Adv. Ayal Shenhav confirmed my understanding that services relating to an asset in Israel do indeed incur VAT. This is a practical issue that affects IP practitioners. I would have preferred some sessions on such practical matters, as there is confusion among practitioners.
There was a session on the fashion industry and one on IP rights and competition law. Licensing agreement and Medical devices were discussed, as was the Internet of Things and standard non-discriminatory licenses. There was also a session on traditional knowledge.
Apart from the keynote lectures and the final session, there were generally three parallel and diverse sessions going at any time, so everyone could find something of interest; whether related to their practice or a window on some other aspect of IP.
As I had to pick and choose myself, although I did try to slip in and out to get some sort of feel for the different sessions running in parallel, it is difficult to give a fair overview of the entire event. It is certainly possible that the scheduling resulted in me totally missing sessions that I would have thoroughly enjoyed.
I rather enjoyed a session on the Interface Between IP Law and Competition Law, where Judge Grosskopf (now of the Supreme Court) related to the Read the rest of this entry »