Nordic ambition: ECTA president Anette Rasmussen

Anette Rasmussen’s appointment as president of the  European Communities Trademark Association (ECTA) comes in the year the organisation celebrates its 40th anniversary and grapples with one of the most complex chapters in its history.

As the spectre of COVID-19 continues to loom worldwide, Rasmussen, partner at law firm AWA’s Copenhagen office, is acutely aware that the pandemic poses particular issues for international organisations such as ECTA. “COVID-19 is affecting everyone and how to adapt is a challenge as we start emerging from this situation,” she says.

“We have all our committee meetings online, but this also raises a problem as we have members all over the word in multiple time zones. Finding a time that works across all these time zones is impossible and something that is not an issue at a physical event.”

But, Rasmussen argues, the organisation has always responded to change. “ECTA started by covering trademarks and now we have committees for domains, designs and copyright, which reflects how the association has expanded over the years to cover additional IP rights,” she says.

She adds that ECTA has become much more streamlined and professional in its internal organisation, as well as its communication with stakeholders. “This is a process that will continue and be refined over time,” says Rasmussen.

A natural home

Her role at ECTA seems to be the culmination of a life-long journey for Rasmussen, who first discovered a love of trademarks, unfair competition and marketing practices during her Master of Law studies at the  University of Copenhagen.

The year was 1994, when the first EU Trademark regulation had just been adopted. “While it would not go into effect until 1996, I found this concept of a uniform regulation throughout the EU fascinating and I have been interested in trademarks ever since,” she says.

Two years later, she joined the  Norwegian Industrial Property Office (NIPO). When she returned to her native Denmark, she went into private practice working with trademarks, domain names and unfair competition.

“I enjoy working on these topics and am fairly nerd-like about them,” she laughs. Over the years her practice has expanded, especially in relation to advising on and enforcing related areas such as copyright, design rights and utility models.

While this trajectory has felt like a natural one for Rasmussen, she notes that it also reflects how IP work has become increasingly complex over the years. “To accommodate a growing need for litigation services from our clients, I founded  AWA Law Advokater in 2011. Today, I enjoy working with the entire spectrum of IP, from filing strategy and clearing to prosecution and litigation,” she says.

ECTA, she believes, has played a decisive and formative role in her career path. “Denmark is a small country and the amount of case law matches this, so ECTA has provided a platform for me to learn about and discuss case law from across the EU and better understand the nuances in legislation and practical implementation,” she explains.

Rasmussen’s relationship with the organisation began in 2005 when she attended the ECTA annual conference in London, after which she joined as a committee member. “Through committee work I gained an extensive network of contacts, which I still benefit from,” she says.

Strange times

Rasmussen has clear ambitions for her new role and the influence ECTA can wield on the world stage. “I have been part of the management team for four years, so much of what I want to achieve is a continuation of the groundwork that has already been laid,” she says.

These strange times of the pandemic, she acknowledges, have fundamentally transformed daily working lives and require a more flexible approach.

“ECTA has traditionally been in favour of face-to-face events such as our annual conference and autumn meetings. We are now changing our approach to events and have completed two successful webinars, which replaced two sessions due to be held at this year’s cancelled annual conference in Copenhagen,” she explains. She adds that ECTA will continue to adopt a flexible approach to its events in response to COVID-19.

“We will look into how we can help our members by offering virtual alternatives alongside our physical events, how we can differentiate the events, and do more online seminars.”

Key challenges

Alongside the tumult caused by the global pandemic, the UK’s departure from the EU continues to cast a degree of uncertainty over the UK’s relationship with the association.

“ECTA has grown with, and followed, the EU over the past 40 years. As member states joined, ECTA gained new members from these countries. At the same time, we are also shrinking with the EU, as the UK leaves,” Rasmussen says.

She quickly points out that after Brexit, UK membership is still welcomed and encouraged. “We appreciate active UK members, and in our committees and committee leadership roles.”

Future EU IP legislation on design reform and the Digital Services Act is likely to present some challenges. “Design reform has been discussed on and off for a few years and I think the reform will be a significant topic. ECTA has been involved in this from the beginning by providing comments and feedback and we will continue doing so,” she says.

The Digital Services Act will affect all types of IP, notes Rasmussen. “This is an important initiative by the  European Commission and ECTA will provide input,” she explains, adding that it complements the work ECTA has been contributing to the  W orld Intellectual Property Office (WIPO) on artificial intelligence.

Promoting IP

Rasmussen feels that the IP sector needs to better promote the profession and adapt to technological advances. “Another challenge is the visibility of IP—how to increase it and showcase its ability to create value for companies,” she says.

There are significant aspects to the IP life cycle that many businesses remain unaware of, so it is essential to communicate the integral role played by this area of law, she adds.

“As lawyers, we are partners in the process that helps businesses succeed and we provide guidance. I want ECTA to shed more light on the constructive role and value added by lawyers in the IP process,” she explains.

She notes that the onus is on the sector to embrace technological advances and all the benefits they can offer. “As IP lawyers we have to adapt to technological advances and ECTA is in discussions with institutions about the potential of technology and IP. We are closely monitoring the developments and contributing where we can,” she explains.

Top of Rasmussen’s to-do list is a review of the ECTA strategic plan with the supervisory board, where she will focus on how to provide increased value for members and also attract new members, and how ECTA can take an active part in shaping upcoming legislative initiatives.

“I find it more important than ever to keep ECTA visible and relevant and to maintain the close relationships we have with the European Commission, the  EU Intellectual Property Office, WIPO, and other IP bodies. “We have to consider how we can differentiate ourselves to better serve our members and maintain our position as a provider of balanced legal input to IP institutions,” she concludes.

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