International Advertising Law
A Practical Global Guide, Second Edition
Published: 2021
Pages: 640
eBook: 9781787423923
The book covers key areas of advertising law such as local complaints procedures and enforcement, comparative advertising, influencer campaigns, sales promotions, ambush marketing, product placement, direct marketing and online behavioural advertising, and includes chapters from leading experts in 30 jurisdictions.
Updated for 2020, International Advertising Law addresses the relevant law and regulations, as well as setting out practical considerations. The book covers key areas of advertising law such as local complaints procedures and enforcement, comparative advertising, influencer campaigns, sales promotions, ambush marketing, product placement, direct marketing and online behavioural advertising. The book also addresses the particular requirements in certain industries that are subject to specific advertising regulations (eg, gambling, alcohol, pharmaceuticals, financial products/services, food and tobacco/e-cigarettes).
Edited by Paul Jordan, partner and head of advertising and Andrew Butcher, senior associate at UK law firm Bristows, this book includes chapters from leading experts in 30 jurisdictions. This new edition of International Advertising Law is essential reading for lawyers, in-house counsel, advertising executives and anyone else involved in the advertising/marketing industry. The book serves as an invaluable and straightforward guide to navigating these complex legal and regulatory regimes.
Table of Contents
Cover | Cover | |
---|---|---|
Title Page | 1 | |
Copyright Page | 2 | |
Table of Contents | 3 | |
Introduction | 5 | |
Argentina | 9 | |
Australia | 33 | |
Austria | 65 | |
Brazil | 87 | |
Canada | 101 | |
Czech Republic | 141 | |
Denmark | 167 | |
Finland | 187 | |
France | 207 | |
Germany | 235 | |
Greece | 259 | |
Hong Kong | 279 | |
Hungary | 301 | |
Ireland | 321 | |
Italy | 355 | |
Japan | 373 | |
Latvia | 395 | |
Mexico | 419 | |
Netherlands | 445 | |
Norway | 461 | |
Poland | 477 | |
Russia | 495 | |
Spain | 513 | |
Sweden | 541 | |
Switzerland | 559 | |
United Kingdom | 577 | |
United States | 599 | |
About the authors | 625 | |
About Globe Law and Business | 640 |
Barbara Abegg
Associate, Lenz & Staehelin
[email protected]
Barbara Abegg’s practice focuses on IP and unfair competition matters. She represents clients in litigation before the Swiss courts, in arbitration proceedings and in administrative matters before governmental authorities. In addition, she regularly advises on a broad range of other issues in the context of IP and unfair competition law. Barbara is a case editor for the Swiss journal for IP, information and competition law, sic!.
Daniela Ampollini
Partner, Trevisan & Cuonzo
[email protected]
With more than 20 years of experience in the IP field, Daniela Ampollini advises both Italian and international clients on the exploitation and protection of innovation, using all tools contemplated by IP law. Her experience covers both contentious work (including multijurisdictional litigation) and non-contentious work. Her practice encompasses marketing and advertising law, and she advises clients in various industry sectors – including chemicals, pharmaceuticals and medical devices, electronics, mechanics, household and personal care, cosmetics, fashion and apparel, seeds, food and beverages – on the design and defence of their communications and marketing strategies.
Daniela regularly takes part in national and international conferences in the IP field, including as a speaker, and has contributed to several publications on intellectual property.
Pauls Ančs
Associate, Ellex Klavins
[email protected]
Associate Pauls Ančs specialises in issues relating to the EU market freedoms for goods and services. His main fields of activity are online trading, digital services, unfair commercial practices, advertising, consumer rights and product safety. He represents clients in communications and disputes with business partners and authorities in areas that require product-specific legal knowledge. Pauls is looking forward to 2022, when the Omnibus Directive and other directives relating to the New Deal for Consumers will become effective. As an expert from Latvia, Pauls has participated in a European Commission project which resulted in the creation of a useful tool for both industry and consumers: an EU-wide, multilingual database of legal acts, case law, legal doctrine and other materials relating to 11 of the most significant EU directives on consumer protection, from each of the EU member states.
George A Ballas
Senior and managing partner, Ballas, Pelecanos & Associates LPC
[email protected]
George A Ballas is senior and managing partner of Ballas, Pelecanos & Associates LPC and head of the firm’s IP, IT and CT practice group. He read law at the Universities of Athens and Paris and was admitted to practice by the Athens Bar Association in 1972. He is a lawyer before the Greek Supreme Courts, as well as in all lower courts, and a European patent attorney. In addition to heading the firm’s litigation practice in complex pharmaceutical patents and anti-counterfeiting cases, George regularly advises clients on developing and managing strategic initiatives for optimising the protection, exploitation and enforcement of their intellectual assets. His diverse background includes the office of secretary general of the Greek Parliament.
Simen Blaker Strand
Partner, GjessingReimers
[email protected]
Simen Blaker Strand is a partner at boutique law firm GjessingReimers, and specialises in IP and marketing law. He has nearly 20 years’ experience advising on marketing law and IP law, as well as a broad range of technologyrelated legal issues.
Simen is a member of the Norwegian Alternative Dispute Resolution Committee for the country-code top-level domain ‘.no’.
Andrew Butcher
Senior associate, Bristows LLP
[email protected]
Andrew Butcher advises across the full range of soft IP rights, with advertising and trademark law being his principal practice areas. He assists clients with company name disputes, domain name disputes and IP litigation in the High Court and below; while on the non-contentious side, he advises on trademark filing strategy and compliance of advertising copy with UK regulations. Andy has advised major brands on compliance with ambush marketing legislation for global sports events and has substantial experience in ensuring compliance of promotional mechanics and terms and conditions with UK advertising rules. He also advises intermediary service providers such as search engines and social media sites regarding their liability for third-party content accessed via their service. In addition to his experience in private practice, Andy has completed secondments with several international clients, where he advised on online brand protection and filed and defended UK Advertising Standards Authority (ASA) complaints.
Alexander Cizek
Founding partner, CIZEK | IP
[email protected]
Alexander Cizek studied law in Vienna, Austria and the United States, and was admitted to the New York Bar in 1996 and the Austrian Bar in 2000. After 14 years’ affiliation with a large international business law firm, where he headed the IP and technology practice group in the Vienna office, he founded his own IP/IT boutique, CIZEK | IP.
Alexander specialises in all aspects of IP law, including unfair competition and trade practices law. He has extensive experience in unfair competition and IP-related litigation, including preliminary injunction proceedings, contractual work and the worldwide filing and prosecution of trademarks; and provides legal advice to both national and international clients.
Alexander is recognised as a leading practitioner in the IP field and is listed in various professional publications. He has been distinguished by Chambers & Partners, Legal 500 and other legal guides for his brand protection and unfair competition work.
Carlos Dávila-Peniche
Partner, Baker McKenzie Mexico
[email protected]
Carlos Dávila-Peniche is a partner at Baker McKenzie in Mexico City. A litigator by trade, he is a well-established and experienced IP attorney, advising on trademark, copyright and entertainment law.
From a trademark law perspective, Carlos regularly handles and coordinates effective, holistic legal strategies in matters involving copyrights, trade secrets and trademarks, as well as expansion based on IP rights, such as licensing and franchising. Likewise, he counsels clients on potential disputes, infringement and enforcement actions in different industries, such as consumer goods and retail, technology, media, hotels, industrials, manufacturing and transportation. Additionally, Carlos assists entertainment, internet and multimedia companies with their domestic entertainment law needs, including transactional issues such as acquisition of rights, option, talent, producer and synchronisation agreements; mechanical licences; distribution; production and postproduction issues; and general compliance issues for film productions in Mexico.
Johanna Flythström
Principal associate, Roschier
[email protected]
Johanna Flythström is a Helsinki-based principal associate who specialises in marketing and consumer law, as well as IP law. Her experience also includes advising clients on contractual and regulatory matters, in particular in the fields of life sciences, digitalisation and technology, media and telecommunications. Johanna also has considerable experience of acting as a counsel in marketing and consumer law disputes, as well as in IP and technology disputes, including in multi-jurisdictional IP litigation. Johanna regularly advises major international brand owners and other clients on marketing and consumer law and regulatory matters, such as marketing campaigns, consumer contracts, product information and marketing requirements (including pricing and labelling), as well as sector-specific prerequisites for market entry. She also represents clients regularly in marketing and consumer law disputes, as well as before the supervisory authorities.
Toshiya Furusho
Partner, Oh-Ebashi LPC & Partners
[email protected]
Toshiya Furusho is a partner at Oh-Ebashi LPC & Partners, and is admitted to practise law in Japan and New York State. His practice focuses on counselling, licensing and litigation in the IP field, including patents, trademarks, industrial designs and trade secrets. Toshiya is also experienced in various kinds of commercial dispute resolution, including unfair competition, contract disputes and tort claims. He is a part-time lecturer on patent law at Kwansei Gakuin University Law School.
Ida Gjessing
Partner, GjessingReimers
[email protected]
Ida Gjessing is a partner at boutique law firm GjessingReimers, with expertise in IP and marketing law. She is a highly ranked litigator with a focus on advertising law, as well as patent and trademark cases. On the noncontentious side, she advises on all aspects of IP law and marketing law.
She regularly represents major players within the food and pharmaceutical industries, and has handled a wide range of cases on all aspects of advertising law, including trade dress, nutrition and health claims, misleading advertising and comparative advertising. Her assignments involve both business-to-business and business-to-consumer (B2C) matters. Ida chairs the Council dealing with Unfair Marketing Practices, an out-of-court dispute resolution body appointed by the industry and advertising community.
Rebecka Harding
Senior associate, Advokatfirman Delphi
[email protected]
Rebecka Harding is a senior associate in the tech and IP department of Delphi in Stockholm. She specialises in IP and data protection issues, including marketing law, consumer law and e-commerce questions. She advises clients on all matters within her specialist areas. Her experience includes advising on IP protection, advertising clearance, branch launches, products and websites, intermediary liability, IP and advertising disputes, data privacy compliance projects and data breach incidents. She regularly speaks on matters within her areas of expertise.
Marina Hurtado-Cruz
Partner, Baker McKenzie Mexico
[email protected]
Marina Hurtado-Cruz is a partner at Baker McKenzie in Mexico City, with expertise in IP advertising and marketing law. She has more than 10 years of experience in the areas of patents, consumer protection and regulatory work. She has a special interest in industries such as food and beverages, consumer goods and retail, cosmetics and pharmaceuticals. Marina has extensive experience advising companies on advertising campaign and labelling clearances, sweepstakes, contests and promotions, in both a preventive and defensive capacity. She also advises clients on their successful defence against false or misleading advertising by competitors. Due to her vast experience in IP and advertising law, she is highly proficient in dealing with the Mexican Institute of Industrial Property, the Federal Consumer Protection Agency, the Health Authority and the Interior Ministry of Mexico.
Carina Hyldahl
Attorney, Gorrissen Federspiel
[email protected]
Carina Hyldahl is admitted to the Danish Bar and works in the IP and digital business department of Danish law firm Gorrissen Federspiel. She advises Danish and international clients on marketing law and IP law, including in relation to advertising campaigns, advertising clearance and IP contracts.
Carina also has experience with corporate, business and contract law, including national and international mergers and acquisitions.
Emmanuelle Jardin-Lillo
Partner, TGS France Avocats
[email protected]
Emmanuelle Jardin-Lillo is a partner in the contract, competition and distribution department at TGS France Avocats. The firm is a member of the TGS France Group and the TGS Global business network, which has expertise in advisory, audit, law and accounting. Emmanuelle recently joined the firm to develop its contract law practice and share her expertise in advertising and marketing law.
With 20 years of experience in business law, Emmanuelle assists French and foreign clients in the negotiation and management of their commercial relationships (contracts, distribution networks, contract management) and the implementation of communications strategies (advertising, marketing, e-commerce, personal data), in order to guarantee them legal security in the development of their activities, both in France and internationally. In particular, Emmanuelle advises companies on setting up distribution and marketing networks for their products and services, with expertise in product regulation, contract management and sector-specific advertising such as alcohol advertising.
Paul Jordan
Partner, Bristows LLP
[email protected]
Paul Jordan is a partner in the IP department and heads the firm’s advertising and marketing group. He joined Bristows in 2009. Although his experience covers the full range of IP issues (both contentious and noncontentious), Paul focuses on advertising regulation, content licensing and trademark and copyright infringement. His experience includes advising on multi-platform advertising clearance projects, social media campaigns, comparative advertising disputes and the preparation and defence of ASA, Phone-paid Services Authority, Trading Standards and Competition and Markets Authority investigations.
Paul regularly speaks on brand protection and advertising law matters, and has been widely published. For almost a decade, all major legal directories have recognised him as a leading expert in the field of advertising law. He continues to represent some of the world’s biggest brands and advertising agencies.
Mizuki Kanno
Partner, Oh-Ebashi LPC & Partners
[email protected]
Mizuki Kanno is a partner in the competition/ antitrust practice at Oh-Ebashi LPC & Partners. She specialises in competition law, consumer protection, data protection and other compliance matters. She advises both foreign and domestic clients on various matters, including merger filings, cartel investigations, leniency applications, Consumer Affairs Agency investigations and litigation. Mizuki received her JD from the University of Tokyo and her LLM from the University College London. She is licensed to practise law in Japan.
Anikó Keller
Partner, Szecskay Attorneys at Law
[email protected]
Anikó Keller leads the competition and compliance team at Szecskay Attorneys at Law. Anikó and her team work in all areas of business and industry in relation to competition and antitrust law, state aid, unfair competition and unfair commercial practices, and advertising law matters. Anikó has represented multinational companies in both antitrust and unfair commercial practice cases before the Hungarian Competition Authority and courts. She regularly advises clients on antitrust and advertising compliance programmes, carries out competition audits and prepares compliance policies. She is fluent in English and German.
Susan Kempe-Müller
Partner, Latham & Watkins LLP
[email protected]
Susan Kempe-Müller heads the German IP practice of Latham & Watkins, specialising in advertising, copyright and trademark law. She advises on a broad spectrum of IP matters, including M&A due diligence and transaction agreements on intellectual property and information technology, licensing arrangements, brand development and product branding strategy, outsourcing and cooperation agreements, with experience in both contentious and non-contentious work. Her client base covers a broad range in the technology, consumer products, financial, IT, e-commerce and media sectors.
Susan has a special interest in the healthcare industry and has extensive experience in this area. She represents clients before trademark and patent offices, as well as before all German civil courts. Susan has written a book about pharmaceutical law and is the author of numerous specialist publications on IP topics. She was ranked among the best lawyers for intellectual property and arbitration/litigation/mediation in Germany in 2019 and 2020.
Theodore J Konstantakopoulos
Senior associate, Ballas, Pelecanos & Associates LPC
[email protected]
Theodore J Konstantakopoulos is a senior associate with Ballas, Pelecanos & Associates LPC and a member of the IP, IT and CT practice group, the company, tax and employment practice group and the consumer rights practice group. Theodore has been a member of the Athens Bar since 2005. A graduate of Athens University Law School (LLB), Theodore earned a master of laws degree from Leibniz Universität, Hannover, Germany, following which he was awarded a second master of laws from Queen Mary College, University of London in computer and communications law. Theodore is a certified data protection officer (ISO/IEC 17024) and advises Fortune 500 companies on all aspects of electronic communications, information technology, media, telecommunications and e-commerce law, with a particular focus on data protection issues.
Charmaine Koo
Partner, Deacons
[email protected]
Charmaine Koo heads the IP commercial and litigation practice group at Deacons. She advises on all aspects of IP work, including commercial exploitation of intellectual property, anti-counterfeiting strategies and enforcement. She has won a number of highprofile court cases resulting in ground-breaking decisions in the Hong Kong IP field. She is one of Hong Kong’s leading entertainment lawyers and was previously in-house counsel for one of the world’s largest entertainment and media companies. She has extensive experience in copyright, personal data privacy and cuttingedge technology, internet and e-business issues.
Charmaine regularly advises on compliance and regulatory issues relating to marketing and advertising, including copyright and privacy issues, product development, branding and clearance of IP rights, contests, promotions, packaging, design agreements, advertising campaigns and service agreements, co-branding, sponsorship, endorsement, talent and licensing agreements, agreements and disputes with advertising and design agencies. Charmaine represents many of the world’s leading advertising and public relations companies.
Yuki Kuroda
Partner, Oh-Ebashi LPC & Partners
[email protected]
Yuki Kuroda is a partner at Oh-Ebashi LPC & Partners and is in charge of data protection and data security issues. He has handled a number of law and technology cases throughout his legal career. His practice includes Japanese and international data protection issues such as the General Data Protection Regulation and the Chinese Cybersecurity Law. He regularly assists clients with everything from planning new dataintensive businesses to implementing robust data protection/security compliance programmes.
Yuki received his JD from Osaka University and his master’s from the University of California, Berkeley School of Law. He is licensed to practise law in Japan and New York. He is also the specially appointed associate professor (Part-time) at the Artificial Intelligence Centre for Medical Research and Application of Osaka University Hospital.
Kenneth Kvistgaard-Aaholm
Partner, Gorrissen Federspiel
[email protected]
Kenneth Kvistgaard-Aaholm works in the IP and digital business department of Danish law firm Gorissen Federspiel. He has extensive experience in advising Danish and international clients on marketing law, inluding in relation to advertising campaigns, online marketing practices and multijurisdictional advertising clearances. He also advises clients on all aspects of IP law, including matters relating to the intersection between competition law and IP law. Kenneth’s practice also includes litigation, arbitration and contractual aspects and IP strategies. He is particularly well known for his patent practice and advises technology-heavy clients, spanning areas such as electronics, mechanics and pharmaceuticals.
Kenneth is a trained lecturer and teaches at the University of Aarhus and the Danish Institute for IPR Training, as well as at various seminars. He has also authored various publications within his specialised areas.
Irena Lišková
Partner, Randl Partners, advokátní kancelář, sro
[email protected]
Irena Lišková is an attorney at law and a partner at Randl Partners law office. She leads the data privacy and marketing practice group. Irena specialises in commercial, data privacy, marketing and consumer law and intellectual property, including litigation, and has extensive experience in infringement and unfair competition cases. Irena works with clients across a variety of industries, and has expertise in advertising and marketing in the gastronomy and hotel, pharmacy and food, HR and real estate and development sectors.
As the Global Advertising Lawyers Alliance (GALA) exclusive member for the Czech Republic, Irena assists in global promotional and advertising campaigns and projects.
Kelley Loo
Partner, Deacons
[email protected]
Kelley Loo is a partner in the IP commercial and litigation practice group at Deacons. Her practice covers all aspects of IP work, including enforcement of IP rights and IP protection strategy. She has extensive experience advising on contentious and non-contentious IP issues; she handles IP litigation matters at the Hong Kong courts, arbitrations and proceedings at the Hong Kong Trade Marks Registry, and has won a number of cases for her clients. Kelley also advises in the area of product and advertising clearance, including regulatory compliance. Her clients include players in the luxury goods, sports, social media, biotechnology, film distribution, financial and co-working industries.
Ladislav Mádl
Associate, Randl Partners, advokátní kancelář, sro
[email protected]
Ladislav Mádl is an attorney at law at Randl Partners law office, who specialises in commercial and marketing law. He is experienced in advising both Czech and international clients on the marketing and advertising of food and pharmaceuticals, including Czech and EU regulatory and compliance issues and litigation. Ladislav regularly assists in global advertising campaigns and projects, and currently focuses on issues relating to the COVID-19 pandemic in the area of marketing and advertising.
Patricia McGovern
Partner, DFMG Solicitors LLP
[email protected]
Patricia McGovern is head of the IP department at DFMG Solicitors LLP in Dublin. She is a solicitor, an Irish trademark agent and a European trademark and design attorney. She has practised in almost all areas of IP law, both contentious and non-contentious. She also advises on data protection; the competition aspects of intellectual property; issues affecting e-commerce and the Internet; all aspects of technology agreements; all types of media contracts; the IP aspects of employment; advertising and sales promotions; and defamation.
Patricia is a current member and former chairman of the IP & Data Protection Committee of the Law Society of Ireland. Patricia is active in many IP organisations, both in Ireland and abroad. She has written and lectured extensively both in Ireland and internationally on general business law and IP topics. Under her leadership, the firm has been the recipient of many awards.
Jennifer McKenzie
Partner, Bereskin & Parr LLP
[email protected]
Jennifer McKenzie is a partner with Bereskin & Parr LLP. She is the leader of the regulatory, advertising and marketing practice group and a co-leader of the cannabis and COVID-19 practice groups.
Jennifer has extensive experience with regulatory, advertising and marketing law. She reviews advertising for clients in a wide range of industry sectors, from pre-packaged consumer goods to regulated products such as food and drugs. Jennifer has represented clients in competitive trade disputes before Ad Standards and advises clients on privacy legislation. She also helps clients in relation to promotion and contest design. Jennifer additionally has extensive experience in trademark prosecution and enforcement.
She is recognised as a leader in both advertising and IP law, and has been ranked in a number of directories, including the Chambers Canada Guide, Best Lawyers in Canada, Canadian Legal Lexpert Directory and Who’s Who Legal: Trademarks.
Paula Bezerra de Menezes
Partner, Soerensen Garcia Advogados Associados
[email protected]
Paula Bezerra de Menezes’ practice encompasses domestic and international prosecution of patents, industrial designs and trademarks; disputes; and client counselling. She specialises in the development and management of trademark enforcement and anti-counterfeiting programmes. She has extensive experience in infringement and unfair competition cases and domain name and other internet-related disputes. She advises clients on cross-border issues, including how import and export control requirements affect IP rights.
Paula also counsels clients on enforcing their rights in coordination with Customs and regularly represents them in customs proceedings. She also assists clients with the development and implementation of sweepstakes and commercial promotions, and advises them on compliance with the relevant regulations and on tax consequences. Paula has a master’s in legal procedure with a focus on evidence law and is currently pursuing a PhD exploring the impact of implicit biases on judicial decision making at the University of Birmingham, United Kingdom.
George Ch Moukas
Senior associate, Ballas, Pelecanos & Associates LPC
[email protected]
George Ch Moukas is a senior associate with Ballas, Pelecanos & Associates LPC. He obtained his law degree from the University of Athens in 1989 and was admitted to the Athens Bar Association in 1992. He is a lawyer before the Greek Supreme Courts and the litigation coordinator at Ballas, Pelecanos & Associates. He has extensive experience in the litigation of IP rights, the implementation of the anti-counterfeiting customs intervention legislation and liaison with Customs and the police.
George has advised many multinational brand owners on the implementation of the customs intervention legislation and since 2003 has been co-author of the Greece report for Borderwatch (LawInContext – Interactive Knowledge from Baker McKenzie), a global online information product for IP owners on the protection of IP rights through customs controls. He also participated as a lecturer in the training programme for police and customs officials in Estonia, sponsored by the European Union.
Manon Rieger-Jansen
Partner, Bird & Bird
[email protected]
Manon Rieger-Jansen is a partner in Bird & Bird’s IP practice and heads the brand management team in The Hague, the Netherlands. She has over 20 years of experience and has a particular focus on both contentious and non-contentious trademark, design, copyright, domain name and advertising law matters.
Manon’s practice includes global strategic advice on IP rights and the protection and registration of IP portfolios. She is a seasoned litigator and handles high-profile IP disputes, including multi-jurisdictional litigation, as well as trademark office proceedings. She regularly advises and litigates on matters involving comparative and misleading advertising, with a focus on IP-related advertising, such as the use of competitors’ trademarks and copyright, keyword advertising and social media-related matters. Manon contributes regularly to publications on IP-related topics and is a teacher in the vocational education for Benelux trademark and design attorneys.
Mónica Esteve Sanz
Of counsel, Gómez-Acebo & Pombo Abogados SLP
mesteve@ga–p.com
Mónica Esteve Sanz has a degree in law from Université Libre de Bruxelles (1993) and a master’s in European and international law from Université Catholique de Louvain (1994). In 1993, she was a stagiarie at the European Commission (IP and Unfair Competition Law Unit). She started working as an associate at the Brussels office of Gómez-Acebo & Pombo in 1994. Since 1998, she has been working in the IP and technology practice area at the firm’s Madrid office, where she is of counsel. Her areas of specialisation are trademarks, franchising, distribution, unfair competition and advertising law. She provides contractual assessments and handles litigation before the national and EU courts, as well as within Autocontrol. Mónica has published several works on IP, franchising, advertising and unfair competition law. She has also lectured on several master’s courses and is a frequent speaker at conferences. She speaks Spanish, French, English and Italian.
Stephanie Scott
Senior solicitor, von Muenster Legal
[email protected]
Stephanie Scott joined von Muenster Legal in 2017, where she works as a senior solicitor practising in contentious and non-contentious commercial matters. She specialises in intellectual property (including all aspects of trademark law and copyright), and has expertise in consumer law in the advertising and marketing sector. Stephanie is a founding member of the Australian Influencer Marketing Council, having advised on its Code of Practice.
Stephanie completed her JD at the University of Technology, Sydney in 2016. She also holds a bachelor of business communication majoring in advertising and a bachelor of arts majoring in film and television and cultural studies from the University of Queensland.
Her background and experience working in film and television production and arts funding provide a wealth of industry-specific knowledge to draw on in her legal work.
Mikael Segercrantz
Partner, Roschier
[email protected]
Mikael Segercrantz is a Helsinki-based partner and head of Roschier’s marketing and consumer practice. His practice focuses on marketing and consumer law, intellectual property and regulatory matters, including litigation. Mikael regularly advises clients – including multinational brand owners – on various types of regulatory and marketing law issues, such as marketing campaigns, product classification, pricing and labelling issues, with a particular focus on the pharmaceutical, medical device, food and cosmetics industries. He has also handled and coordinated a number of product recall campaigns in Finland and the Baltic States.
Mikael also has extensive experience in IP litigation in Finland and before the Court of Justice of the European Union (CJEU), as both first and second chair, in disputes relating to patents, trademarks, copyright and designs, as well as other IP rights, and involving matters such as preliminary injunctions, infringing acts and invalidity claims.
Takamitsu Shigetomi
Partner, Oh-Ebashi LPC & Partners
[email protected]
Takamitsu Shigetomi heads the IP practice department at Oh-Ebashi LPC & Partners. He is admitted to practise law in Japan and New York, and specialises in IP licensing and litigation of all types, including unfair competition and advertising-related issues. Takamitsu is a frequent author and lecturer on IP topics, and teaches as an adjunct professor at the Graduate School of Science, Technology and Innovation of Kobe University.
Ewa Skrzydło-Tefelska
Partner, Sołtysiński Kawecki & Szlęzak
[email protected]
Ewa Skrzydło-Tefelska joined Sołtysiński Kawecki & Szlęzak in 1999 and became a partner in 2006. She coordinates the firm’s intellectual and industrial property law practice and its advertising, life sciences and EU law practice. She advises clients on the protection of their IP rights, including unfair competition disputes. She represents clients in litigation regarding industrial property rights before the Polish common and administrative courts, including the Supreme Court; and in numerous disputes before the EU IP Office and the CJEU. In the area of advertising, in addition to dayto- day advice and litigation, she assists with the organisation of games and promotions. As GALA’s exclusive member for Poland, Ewa advises on global promotional and advertising campaigns. She assists clients with matters relating to the global management of large trademark portfolios, and has significant experience in providing legal advice and assistance in disputes regarding nutrition and health claims for food.
Sarmis Spilbergs
Associate partner, Ellex Klavins
[email protected]
An associate partner and head of the technology, media and communications practice, Sarmis Spilbergs specialises in various regulatory fields, such as data protection, life sciences, IT, e-commerce and communications, licensing and general corporate law. Since joining Ellex in 2005, he has gained extensive experience advising numerous large corporations on implementing their IT projects, organising internal data flows and ensuring compliance with local legislation in dealings with customers, employees and other third parties. He also provides legal advice on the import, sale and licensing of different types of goods (eg, electronic equipment, medicines, tobacco, e-commerce), permits and other issues.
Sarmis has extensive experience in the automotive sector; he also advises pharmaceutical companies on various legal issues relating to their activities in Latvia and retail sector companies on General Data Protection Regulation compliance matters.
Melissa Landau Steinman
Partner, Venable LLP
[email protected]
Melissa Steinman focuses on advertising and marketing, including litigation, antitrust, trade regulation and consumer protection. Melissa is particularly knowledgeable about the technology, retail, media, gaming and hospitality industries. She also actively represents clients in government investigations and defends clients in class action cases. Melissa also assists non-profit organisations and others with charitable promotions and commercial co-ventures. She represents celebrities, producers and notable businesses, and trade associations involved in consumer products and services, media, internet gaming, gambling, software, technology and telecommunications.
Verna Syrjänen
Associate, Roschier
[email protected]
Verna Syrjänen is a Helsinki-based associate working in Roschier’s marketing and consumer and IP practices. Since joining the firm in 2018, Verna has been involved in assignments relating to marketing and consumer law and regulatory matters, as well as IP litigation and IP and technology transactions.
Roelien van Neck
Partner, Bird & Bird
[email protected]
Roelien van Neck is a specialist in digital business and technology-related matters. She has specific expertise in the field of (digital) B2C matters, and advises clients on all aspects of trading practices, marketing and advertising. She also advises on commercial contracts covering distribution, sales, agency, cooperation and procurement arrangements. Roelien is chair of the Netherlands Association of Computer Lawyers, and regularly speaks at seminars and courses. She is a co-editor of legal journal Juridisch up to Date and a frequent contributor to other leading legal journals.
Roelien was admitted to the Bar in 2000. She graduated from Leiden University and subsequently completed an LLM at University College London. She also holds a postgraduate cum laude degree in IT law.
Otávio Saraiva Padilha Velasco
Partner, Soerensen Garcia Advogados Associados
[email protected]
Otávio Saraiva Padilha Velasco is a lawyer with further specialisation in commercial agreements, marketing and intellectual property. His practice focuses on domestic and international contract negotiations, strategic alliances and other commercial dealings involving clients’ IP assets. He regularly drafts and negotiates technology transfer agreements, licence agreements and distribution and agency agreements, and litigates disputes arising from such arrangements. He manages IP due diligence efforts in connection with clients’ mergers, acquisitions and divestitures.
Otávio specialises in the establishment and management of trademark enforcement and anti-counterfeiting programmes. He also represents clients on matters of unfair competition, franchising, consumer rights and corporate law before the Brazilian courts.
Stephen von Muenster
Partner, von Muenster Legal
[email protected]
Stephen von Muenster is a practising solicitor and partner at von Muenster Legal. He has specialised in advertising, communications, marketing and media law since 1995. He has a keen interest in emerging technologies, media and the interactive and digital mediascape, and advises extensively on disruptor technology platforms, social media, online reputation management and artificial intelligence technologies. He is presently assessing the Australian Competition and Consumer Commission response to the Digital Platforms Inquiry and the related Ad Tech Inquiry. In the COVID-19 world, Stephen is assisting agencies with stakeholder transformation.
Stephen also specialises in agency mergers and acquisitions, and was legal counsel on a number of recent high-profile independent agency and media acquisitions across the communications spectrum. He is the legal adviser to numerous industry bodies and regularly presents to them on matters of legal and regulatory compliance. He is also a guest lecturer at the University of Sydney and the University of Technology Sydney.
Vasileios A Xynogalas
Trainee lawyer, Ballas, Pelecanos & Associates LPC
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Vasileios A Xynogalas is a trainee lawyer with Ballas, Pelecanos & Associates LPC and participates in most practice groups of the law firm, including the IP, IT and CT group, the company, tax and employment group and the consumer rights groups. Vasileios has been a member of the Athens Bar since 2019 and received an LLB from the University of Athens.
Yulia Yarnykh
Partner, Gowling WLG
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Yulia Yarnykh is a partner in the Moscow office of Gowling WLG. Her practice focuses on IP, corporate and commercial law matters. She advises Russian and foreign clients on a wide range of IP issues, including enforcement of IP rights, unfair competition, regulatory and commercial intellectual property. Yulia has broad experience in advertising and marketing, media, e-commerce and data protection matters. She assists major international companies in conducting antipiracy campaigns against counterfeiters and parallel importers, and in structuring their franchise and distribution networks in Russia. She is actively engaged in various IP transactional work.
Yulia is also dedicated to assisting others in need in the not-for-profit sector.
Edvijs Zandars
Senior associate, Ellex Klavins
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Senior associate Edvijs Zandars specialises in IP, IT and competition law. He regularly advises international and local clients on the protection and enforcement of IP rights and licensing. He has significant experience in protecting the IP portfolios of major international clients. He also regularly represents clients before the Latvian courts and IP enforcement institutions, and assists in various opposition proceedings at the Latvian Patent Office, the World Intellectual Property Organization and the EU IP Office. He is also a registered patent attorney for trademark matters in Latvia.
Edvijs is also experienced at providing regulatory guidance to multinational technology companies, providers of electronic communications services and content, and e-commerce companies. He also assists international telecommunications companies with setting up and managing their business in Latvia. He is a key point of contact with the Latvian regulatory authorities on innovative technologies and solutions, helping clients to successfully establish their services in Latvia.