Business continuity during lockdown
Titled “Navigating trademark practice during lockdown”, the event was led by Anita Polott, partner at Morgan Lewis in Washington DC; with Kevin Wong, director at Ella Cheong in Singapore; and moderated by Alena Fischerova, associate at BomhardIP in Alicante, Spain. About 80 participants joined the discussion.
Regional updates
With the speakers hailing from three different continents, each first described the current situation, public policies, and relations with the IP offices in their regions. One clear commonality emerged: they were all encouraged to work remotely.
Polott indicated that in the US, while there was no nationwide policy mandate, most firms, including hers, had put in place remote working until September. The US Patent and Trademark Office (USPTO) had not suspended deadlines, but instituted a policy of granting deadline extensions when necessary.
In the Asia-Pacific region, most countries have entered a routine that involves remote working and the granting of deadline extensions by the local trademark offices, according to Wong.
Fischerova explained that in the EU, despite the lack of a unified approach, most countries remained under a state of alarm although lockdown rules are slowly being relaxed. The EU Intellectual Property Office (EUIPO) has adopted a liberal approach for all deadlines, which were automatically suspended between March 9 and May 17, 2020. Since May 18, extension deadline requests remain possible, provided they are justified.
Interacting with colleagues, clients, and IP offices
To flourish during a lockdown, the speakers noted, technology and communication are key.
For example, Wong stressed the importance of mastering the technical aspects of digital communication. This includes tools such as virtual private network connections, video conferencing, and international calls. In a similar vein, Polott stressed that everyone needs to adapt around technology, such as learning to work without hard copies of documents or by finding alternative solutions such as e-notary systems.
“The key to communication is actually communicating,” she said.
This is not as obvious as it sounds: in these challenging times, one needs to check in regularly with others and ask how they are doing, to understand how to provide effective assistance. Polott gave the example of one of her clients who indicated over the phone that she received too many emails.
Wong echoed this point, recommending regular meetings with all stakeholders to continue discussions around ongoing issues.
The speakers emphasised another aspect of working during the lockdown: the value of taking time for yourself, maintaining a healthy work-life balance, and using down time effectively. Attorneys could use quieter times for continued legal education and business development.
Wong noted the increased number of webinars and recommended authoring articles. According to Fischerova, this could be the time to tackle projects that had been put on the back burner, such as reorganising processes or reflecting on how tasks could be done more efficiently.
Concluding the discussion, Polott looked beyond the lockdown, highlighting what she would like to continue doing when things return to normal. This included using videoconferencing every now and then instead of phone calls, and checking in on others regularly.
The session ended with a reiteration of the predominant recommendation: “focus on communication, communication, communication!”
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