Brands as Drivers of Change —Interview With INTA 2018 President Ms. Tish Berard
By Yingyan LU, China IP
The International Trademark Association (INTA) 140th Annual Meeting was successfully held in Seattle from May 19 to 23, 2018. The meeting attracted 10,964 IP professionals from 150 countries including 1,250 corporate members and 2,674 first timers.
INTA's opening ceremony took place in the Washington State Convention Center in the evening of May 20. INTA's 2018 President Tish Berard made her entrance as the bass guitarist of a grunge rock band, Jar of Flies, playing "Smells Like Teen Spirit" in a tribute to Seattle legends Nirvana. Confidently, elegantly and charmingly, Ms. Berard used vivid pictures and an origami butterfly as an analogy to explain that brand professionals can benefit from choosing to see things differently and by doing so, they can create a positive butterfly effect.
Ms. Berard was previously the vice president and general counsel for Hearts On Fire Company, LLC. and is currently serving as Hearts On Fire's INTA designee. She was responsible for all legal matters of Hearts On Fire, including maintaining Hearts On Fire's extensive international trademark portfolio and enforcing Hearts On Fire's intellectual property rights. Prior to joining Hearts On Fire in 2006, Ms. Berard practiced complex civil litigation and bankruptcy law with Bodoff & Slavitt LLP. in Boston, Massachusetts, before which she engaged in intellectual property law and litigation with international law firm Squire, Sanders & Dempsey, LLP. based in Phoenix, Arizona.
As one of INTA's three Chinese media partners, China IP Magazine had the privilege of interviewing Ms. Tish Berard during the 2018 Annual Meeting. She had a lot of exciting stories to share with us.
China IP: From your biography, we noticed that you have been the general counsel for Hearts On Fire Company for many years. Can you share with us your working experiences so far?
Ms. Berard: I am very fortunate to have a wide variety of experiences. I started working for federal judges for criminal and civil matters for several years. Then I went on to a boutique intellectual property firm where one partner who mostly did patent works wanted me to take over the trademark area of practice. I thought that might be interesting. That was my first opportunity to come to INTA's Annual Meeting. I was set to go to all the education seminars and to learn as much as possible about trademarks. I have been a very big fan of INTA ever since 1999. And then I moved on to some other IP positions, and later on became a brand counsel of Hearts On Fire. That eventually led me to be the general counsel. But fortunately, I was still able to focus on intellectual property. I did actually take IP courses in law school, and thought it was very interesting, but did not think about IP asa career at that time.
China IP: Previously you were the vice president and general counsel for Hearts On Fire Company. Currently you serve as Hearts On Fire's INTA designee. What are the differences?
Ms. Berard: When I was the vice president and general counsel, I handled all the legal work for the company, including IP but also the contract work, and bankruptcy issues. The opportunity arose to become INTA president, and I really wanted to do the best job I can for the organization because it is such an amazing organization. Fortunately now I can be an independent contractor and act as the INTA designee by serving as a liaison between INTA and Hearts On Fire. I am really focusing in on my presidential duties this year.
China IP: What makes you become the president of INTA? What is the key aim in your year of presidency?
Ms. Berard: When I entered INTA, I never thought that I would be the president one day. But Idid really want to become involved in the organization. INTA selects its presidents among all its members. But it is a process by which individuals are selected based on the leadership skills they possess, dedication to the organization, their voluntarism, etc. I was fortunately able to volunteer for numerous opportunities, including serving as a moderator and speaker at events, because I wanted to help. Apparently that caught the attention of the Association, and someone nominated me to be the president. I was very fortunate to be selected. It has been an amazing opportunity. I still can't believe it even when I am doing it right now. It was like a self-fulfilling prophecy—because the more you do for your organization, the more you are able to develop your personal skills and build your own skilset. It was a win-win. INTA hopefully got a good president, and I learned so much and developed my personal skills.
SMEs are one of the key topics I am focusing on this year, largely because of my background. I was part of an SME, and we did actually represent SMEs. I wanted to take a deeper look at SMEs and protect their intellectual property rights. So I appointed a Presidential Task Force on SMEs this year. The Task Force explores whatstepsSMEsandentrepreneursshouldbetakingtoprotect their IPR, because I think there is an informational gap. When a SME is created, it means somebody has a creative idea. They often don't think of IP because they are so busy thinking about how to get started and how to attract capital investments to run the business. You know the things you need to focus on. Unfortunately, that leads to bad actors who might wrongfully take somebody else's brands or products. They want to take the advantage of the SME's goodwill and may even make counterfeit products. Counterfeiters can do this by using the brand's name on their own products, and they don't even need to do the hard work on their own. By then it is too late because the SME did not take the necessary steps to protect its IP from the onset. The Task Force will look at the current resources and opportunities available for tomorrow's SME to help protect their IPR, and help INTA to fill in the gaps that still exist. With the information and research from the Task Force, in November 2018, we will present the final recommendations to INTA's Board of Directors for their consideration, adoption and implementation.
China IP: Are there any challenges during INTA's development and how will you fac e these challenges?
Ms. Berard: There are always opportunities to do more, especially in IP. INTA always wants to ensure harmonization, because increasing harmonization of laws can provide a kind of certainty for brand owners from one location to the next, e.g., from China, the United States, and Europe, etc. Harmonization provides a consistency for trademark protection and enforcement. As the world is getting smaller, that can be beneficial to everyone. Increasingly, everyone has a growing opportunity to do business all over the world. Harmonization is always a big priority. Brand restriction is another topic that INTA focuses on. Brand restriction starts out as an opportunity for a government to do something for public health. It began with tobacco. Now it is expanding to other products across industries like baby formula. INTA believes governments need to take an informed approach. Counterfeiting is obviously a huge problem related to brand restriction. A plain package is easy to counterfeit. Counterfeit products might have chemical elements that can harm the consumer. It is estimated that the total value of counterfeit and pirated goods worldwide can reach to $2.8 trillion by 2022. It is obviously a huge problem for the IP industry. So it is really important that INTA connects and brings all the stakeholders together to solve these problems. Brand owners and government officials can't do that by themselves. That requires bringing all the stakeholders together to be equally involved. I think INTA does a great job serving as the kind of organization that can bring all the stakeholders together to have a collective conversation. Hopefully we can do more to solve the counterfeiting problem. But I think governments need to hear more about what INTA is focusing on. Indeed, we have made 23 submissions to governments around the world on the issue of plain packaging.
China IP: In terms of INTA's 2018–2021 strategic plan, could you please tell us about its priorities?
Ms. Berard: I am very fortunate that INTA's new strategic plan is being implemented this year during my year of presidency. It is a very good and thoughtful strategic plan. One of its main purposes is to promote the value of trademarks and brands. I think that is very important because everyone needs to know the inherent value of brands. If they go to the grocery store every day, they pick a brand. It helps consumers to make their purchasing decisions. Trademark-intensive industries contribute to the GDP, to jobs, to trade, and to the overall global economy. They are very valuable for everyone. Thus, promoting the value of a brand and helping everyone understand that value are the priorities included in INTA's strategic plan. We also want to reinforce consumer trust. Obviously brands are the vehicle through which companies communicate with consumers about the quality of their products. And consumers need to understand that the function of a brand is to protect them by ensuring that they get high quality and safe products. If something is wrong with the products, they can go back to the company and say, "Hi, I need your help to remedy this." If it is a counterfeit product, there is no opportunity to do so. There is no quality control on counterfeit products. So reinforcing consumer trust provides consumers with the opportunity to make safe and informed choices in their everyday life. Finally, embracing innovation and change is a key priority for INTA. The world is changing quickly, and there is always something new coming every day. We need to embrace these changes and try to figure out ways to make them work. Change is not going to stop. Innovation is just the way of the world. We have to continue the discussion with our members and help them prepare for these changes from an IP perspective. These include AI, VR, and even block chain. When new technologies arrive and companies and clients are prepared for innovation, they are not overwhelmed by them and can effectively face these challenges and changes. We need to be in front of innovation, not be afraid of it, and rather to embrace it asa great opportunity.
China IP: As a senior trademark practitioner, could you give some advice to the people who are now in or will go into the trademark industry?
Ms. Berard: I think the best advice I can give is to be ready for the exciting career that lies ahead of them. Again as I mentioned, I wasn't planning for this career. Once I got in, I was hooked. There was no going back. Brands are so important in our everyday life, and brand professionals are really responsible for ensuring the promise to deliver the quality of products and process. They are protecting their trademarks. We are brand professionals. So it is very exciting to be part of the process, because it is very important in our society as a whole. Additionally, networking and expanding your network is a skill I think everyone needs to develop. The ability to reach out to people whom you don't know and to move out of your comfort zones a little bit is critical. The relationships that you develop at INTA are invaluable. I have made life-long friends here at INTA, and those friendships will be there long after I retire from my profession. When you have an issue in another part of the world, the network you have cultivated allows you to contact someone you know there who can actually help you. You can call some of your friends and state simply, "I have this specific issue, how can I handle it?" By starting with your friends, it is much easier. By networking and getting out of your comfort zone, you will meet a lot of amazing people. And it is so worthwhile.
China IP: What are your opinions on Chinese IP situation?
Ms. Berard: I have been to China. Our Board of Directors met in China two years ago. That was the first time I was there, and it was lovely. I was there for a week, and I visited Beijing, Sichuan, and Xi'an. All was wonderful. The changes that are happening in China now are all relevantly new. I do have to say I was so impressed with all the advancement being made with the respect to IP in China. If you are not in China, you often hear the stories of how IP is not important in China. That is far from the truth. It is very important in China. And great strides have been made by the Chinese government to really focus on IP to ensure brands are protected. With regard to China's recent ministerial reorganization, there are many new and interesting emerging trends to watch. We welcome the fact that China is paying more attention to IP. We will be closely monitoring the situation for opportunities to provide any assistance we can. We see great potential for increased coordination and cooperation for enforcement officials that were previously separated into different ministries that will now be under one roof.
China IP: How can you balance your busy career life and family life?
Ms. Berard: You just have to find a way to make it work. I found it. Making a lot of lists is very helpful. Keeping track of everything that I need to do is important. But I certainly have a lot of help from the INTA staff. The INTA staff help to navigate the roles and responsibilities of being the INTA President. You are not doing everything on your own. Of course, your family does need to help as well because you are gone quite a bit. Having a very understanding husband is very helpful. It is so important that women take on leadership positions and find ways to do it. Fortunately, we are good at what we do, and we can handle the challenges.
