Interview with INTA CEO Etienne Sanz de Acedo

China IP

Metaverse remains a hot topic in intellectual property circles, and its intersection with IP has resulted in some initial practices in the law. What new legal trends do you foresee concerning IP in the metaverse?

Etienne Sanz de Acedo

Yes, metaverse remains extremely important. It's true that now we're talking about new technologies. We're talking more about AI. But metaverse remains extremely important. According to a recent report by Mckinsey, the metaverse economy represents around 5 trillion US dollars and boasted approximately 2.633 billion users by 2023. Currently, it boasts approximately 400 million users on a monthly basis, which by itself shows you the importance of metaverse. Now, the metaverse is experiencing its own second life, compared to when the concept was discussed 15 years ago. It's completely new in terms of interaction between companies and the consumers, which implies that there will be a lot of IP-related matters that we need yet to understand. This is exactly what INTA is actively engaged in.

China IP

Given the global nature of AI and intellectual property, do you believe that international standards or agreements will aid in harmonizing regulations and practices in this domain? What role will INTA play in this regard? 

Etienne Sanz de Acedo

I really hope so. AI is a revolutionary technology in the sense that it will bring huge changes to our society at large. It has numerous benefits, without a doubt, but we must utilize AI wisely.  Whether it's generative AI or predictive AI, it can have both very positive implications and not-so-positive implications. There are issues that are related to ethics that are extremely important. I do hope that there will be a kind of global harmonization as to the use of AI.

On top of that, from an intellectual property perspective, particularly when we're talking about generative AI, we're talking about the authorship, the inventorship, and the ownership of IP rights. Is that belonging to the machine? Or does it belong to the individual who's querying the machine? Or does it belong to the person who created the algorithm. That's something that is still to be properly defined. When we talk about predictive AI, then we're talking about the prediction of disputes and the impact on dispute resolution. There are a lot of things that are extremely important. 

On top of that, generative AI is poised to become a US $1.3 trillion market over the next 10 years, which is quite a conservative data. We also know that AI will have an impact on sixty to seventy percent of jobs in the developed economies. So I think it's extremely important that there is some kind of harmonization from an IP perspective. INTA will always advocate for such harmonization.

China IP

The issue of counterfeiting and piracy has persistently plagued brand owners and INTA is committed to researching it. Could you provide an overview of the current status of the global counterfeiting and piracy problem? Is there any new progress or breakthrough in combating counterfeiting and piracy? Are emerging technologies playing a role in addressing these challenges? What lessons can China learn from these developments?

Etienne Sanz de Acedo

I'm not going to repeat the global numbers as to anticounterfeiting and piracy, because those are extensively published and available. I think the problem remains a massive one. We always see the same roots of distribution of counterfeited goods, even though we see some changes. For example, we're seeing now that some major Chinese corporations are suffering from counterfeiting and piracy themselves. I think that's something interesting to consider.  

Counterfeiting and piracy have huge impact  on consumers. World Consumer Rights Day has just passed. Consumer protection is vital so that they make informed purchasing decisions. It's extremely important to continue the focus on counterfeiting and piracy. It's also very important to use technologies to be able to identify those counterfeits and those pirate goods. This is where, for example, artificial intelligence could really help.

This is also one of the things that INTA is investigating. We position ourselves as a facilitator in the fight against counterfeiting. We bring all stakeholders together from all around the world, including the brand owners, the law firms, the platforms, and government. We also advocate for stronger regulations to really protect the interest of  brand owners and consumers.

China IP

For global IP practitioners, China remains an indispensable market, giving rise to innovation, groundbreaking jurisprudence, and intellectual property legislation. Have there been any recent events in China that garnered global attention regarding trademark (or intellectual property) protection?

Etienne Sanz de Acedo

China remains a crucial market for the global IP community, and therefore for INTA. Our presence in China is robust, with over 188 individuals in 50 Chinese corporations and approximately 2,131 individuals from 240 law firms who are members of INTA. Notably, Beijing boasts the highest number of individual INTA members worldwide. Additionally, we have 2 Chinese members serving on our board of directors. We are proud of the active engagement of this group. We set our first representative office in China 20 years ago, and we celebrated the twentieth anniversary just last September. We were really thrilled about that.

China remains extremely important because of the volume of trademark, design, and patent applications. We've seen significant progress in Chinese IP legislation, particularly in tackling enforcement issues such as counterfeiting and piracy. We're very pleased to be able to provide comments to the Fifth Amendment to the Chinese Trademark Law. We've also seen a significant progress over time from the Chinese courts, which are paying much more attention to IP issues, and understanding the value and the contribution of IP to innovation. The fact that China has 4 specialized IP courts, 27 IP tribunals is definitely a good practice. I wish many other countries would do the same.

China IP

What are the expectations for trademark protection in China? How to evaluate the role of Chinese trademark development on the global stage?

Etienne Sanz de Acedo

China is very active when it comes to IP protection, and particularly to trademark protection. There are 46.1 million active trademarks in China alone by the end of 2023, and China has been leading the world in trademark applications on a national level for 21 consecutive years. There is no doubt that the strategy of building an IP powerhouse is definitely being successful. One of the things we really value at INTA is the openness of the Chinese authorities when it comes to intellectual property, and particularly trademark protection. As I said before, we were very pleased to see the changes in the Fifth Amendment to the Chinese Trademark Law. We really welcome the opportunity to meet with the Chinese officials and courts to look at case law while keeping the protection of brand owners and consumers in mind. I myself will be in China in a couple of weeks, both in Beijing and Shanghai. And I'm really looking forward to it. I think it's a good opportunity to work together to protect consumers.

China IP

The 2024 INTA Annual Meeting is scheduled to take place in Atlanta, USA, from May 18-22. Could you provide a brief overview of this year's annual meeting? What unique events and meetings should Chinese attendees not miss?

Etienne Sanz de Acedo

First of all, we were thrilled to have so many Chinese representatives attending our annual meeting in Singapore last year, with over 800 delegates from China alone. I hope we see the same number in Atlanta this year. We already have over 500 delegates registered. It’s an extraordinary opportunity for Chinese professionals to attend the annual meeting and to interact with colleagues from all over the world. We also appreciate the support from Chinese authorities in sending strong delegations to our meetings, as seen in Singapore last year, and we hope for the same in Atlanta.

Our program will include several sessions focusing on China, such as China Enforcement workshop and  the China Case Law Update. We're excited to welcome officials and judges from the Supreme People's Court, Shanghai High Court, Chongqing High Court, and Jiangsu High Court. Overall, our program is comprehensive with 25 educational sessions, 4 keynote speeches, over 350 table topics, and numerous networking opportunities for delegates to engage with us.

China IP

Some people have concerns about the safety of the participating in the conference, has INTA taken any measures to address these concerns?

Etienne Sanz de Acedo

Yes, I can tell you Atlanta is an absolutely safe city. I myself traveled to Atlanta a few weeks ago.  Day or night, I felt absolutely comfortable walking through streets of Atlanta. It's a vibrant city, with booming businesses. And on top of that we've been talking to the authorities of the city of Atlanta. The police have a strong presence in the area. More importantly, one distinct thing about Atlanta is, since the Olympics, they've had volunteers helping out tourists, guiding them around, and even escorting them where they want to go. These volunteers wear red and blue, they're called "Ambassadors" locally. Finally, Atlanta is a host city of the 2026 World Cup. One of the semi finals will be in Atlanta. I can assure you that FIFA would not choose Atlanta if it was not a super safe city. Atlanta is a gorgeous city, and I believe we'll have a lot of good time in Atlanta.

China IP

Do you have anything more you would like to share with us other than the above things?

Etienne Sanz de Acedo

As I mentioned before, I personally love going to China. We are very fortunate to have a very committed and vibrant community of members who are extremely supportive of what INTA is doing. I've been traveling to China for the last 10 to 12 years. I've seen significant progress in the IP ecosystem in China, and I think it's time to acknowledge that progress, to work together to enhance our IP ecosystem. It's our responsibility for future generations, especially when considering the impact of new technologies. Regarding harmonization, I believe it's crucial to have a global harmonization that benefits businesses, consumers, and society as a whole. We also need to always keep an eye on ethics. I think that's extremely important.