Written by: Darko Vlahović Photos: Mara Bratoš
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I think that the future of Croatia is quite bright. This country is a full-fledged actor on the EU stage, especially now that it has joined the Eurozone and the Schengen area. This will open up many new opportunities for trade and investment – says Etienne Sanz de Acedo, chief executive officer of the International Trademark Association (INTA), a global non-profit organisation dedicated to the protection of trademarks, brands, and intellectual property.
Sanz de Acedo has recently spent a few days in Zagreb, where he engaged in a number of activities related to the INTA’s mission, and he was kind enough to carve out some time for Symbol in his busy schedule. During our chat in the pleasant setting of the Le Premier Boutique Hotel in Zagreb, Sanz de Acedo did not curb his enthusiasm for Croatia, calling it “a serious country with exceptional professionals and extraordinary resources.”
– What I personally like about Croatia is the fact that people here are so respectful and kind. They are cordial, but not overstepping – he says.
This is already his fourth time here.
– I’ve been to different places in Croatia, and I felt at home in each and every one of them – says Sanz de Acedo, the man who has been head of the most important global association for the protection of trademarks for over ten years now.
The association was originally founded as the United States Trademark Association (USTA) in 1878 in New York by 17 American companies seeking to protect their brands from counterfeit goods. At the beginning of the 20th century, the USTA was granted extensive powers as a non-profit association to act for the protection of trademarks in the United States and all around the world, and in 1993, it changed its name to the International Trademark Association (INTA). Today, it counts almost 6,500 members from 185 countries, and it includes the largest multinational corporations, small and medium-sized companies, law firms, and non-profit associations from all over the world.
Etienne Sanz de Acedo took the helm of the INTA in July 2013, after serving as head of communications and member of the European Union Intellectual Property Office (EUIPO) for years. As we start the conversation off discussing global warming and this winter in Zagreb that feels more like spring, I ask him about his rise to the top of a large international organisation. Did he have the position of CEO in mind from the start?
– When I finished high school, I decided to study law. Back then, I was interested in becoming a public official, maybe a judge, or getting to some other high post in public administration – Sanz de Acedo tells us.
However, after graduating in law from the University of Alicante, he was presented with the opportunity to participate in an international programme in European Union law in Brussels.
– At that time, Spain had just joined the EU. After I finished the said programme, I came back home and enrolled in the executive MBA programme. At the same time I practiced law in several Spanish and international companies registered in Spain. At the turn of the century, I joined the EUIPO in Brussels, where I held various positions. That way, I made steady progress. I also started doing managerial work and found myself really enjoying it.
But is that something he has always dreamed of?
– I wouldn’t say so. Life has a way of taking you from one place to another. But it’s important to keep your options open, so you can narrow them down and decide which way you truly want to take.
Born 52 years ago in San Sebastian in the Basque Country, to a Spanish father and a French mother, he moved to Alicante in the south-east of Spain as a child, where he spent his formative years and earned a degree in law. As an official of EUIPO and INTA, he has lived in various countries and became, as he claims, a citizen of the world.
As a fluent speaker of English, Spanish, French, and Italian, with impeccable manners, and dressed in a tailor-made dark suit, Sanz de Acedo is someone who truly talks the talk and walks the walk. He gives the impression of being at ease in the company of members of the global political and economic elites, but he is also no stranger to the pleasures of mere mortals.
– I really like to travel. Luckily, that’s part of my job description! – he laughs, and then goes on to add:
– Most of all, I love to observe the unique characteristics of different local cultures. I thrive under unfamiliar conditions, say, in a country where I don’t know the people or the language, so I have to talk with my hands. I like to try local products, too – he says, adding that he is also a big fan of sports and literature.
– I work out every day for a minimum of 45 minutes, mostly in the gym. I do it both for my physical and mental health. I’m a big fan of the Real Sociedad football squad and an aficionado of Latin American literature. I’ve recently decided to re-read some older Spanish classics. I’ve set a goal to read at least one book every month.
The calm gestures accompanying his words add to his image of a man who always follows through.
Persistence and resolve certainly go a long way in the work he does, but what kind of work is that exactly?
– The mission of INTA – the world’s largest association of brand owners – is at the same time very simple and yet so complicated – says Sanz de Acedo.
His organisation advocates for laws that protect both consumers and brand owners, which includes ensuring global harmonisation of legislation and combating counterfeiting. He sets up working meetings, conferences, and round tables all around the world, bringing together professionals with the aim of discussing theoretical and practical aspects of intellectual property protection.
– In this regard, my job is immensely interesting because it makes me communicate with officials from all over the world, and keep up with all the existing legislative initiatives, which involves a lot of travelling. It also entails many meetings with the members of our association, since we are not focused on profit, but rather the interests of our members.
I ask him what his regular working day looks like.
– I start around 8:30 am and I never finish before 6 pm, and then I work some more after dinner. My regular working day could be described as a combo of strategic issues, human resources, and political affairs.
When asked to explain the purpose of a trademark, or a brand, and the way in which it protects producers and consumers, Sanz de Acedo points out that professionals use the term trademark, while laymen generally refer to the same notion as brand.
– I’d say it’s basically the same thing. Trademark is a legal term, whereas brand is a word that everyone understands. Call it what you will, it boils down to product quality assurance. Meeting expectations. As a consumer, when you buy a specific brand, you expect to have an equally positive experience with each and every purchase.
He mentions a well-known Croatian brand as an example.
– Let’s say you’re buying Cedevita – it will take you back to your childhood, and you’ll expect to have the same experience every time, to feel the same joy you felt as a child when your mom or dad bought you that product – he paints a word picture.
More or less everybody understands what a brand is, but how do we construct the value of a brand? Needless to say, some brands are worth more than others.
– To put it simply, the value of a brand is nothing more and nothing less than what a company is willing to pay for the brand rights – says Sanz de Acedo.
However, things are not that simple after all: there are many ways to determine the value of a brand.
– Hence, we have different rankings for this issue, but the list almost always includes the same companies and brands. You got your Apple, Microsoft, Google, Amazon, then Nike and Coca-Cola, as well as automotive giants such as Mercedes and BMW, and also LVMH, i.e. Louis Vuitton. These are the most valuable brands, and the ranking itself depends a lot on the methodology according to which the value is constructed.
Sanz de Acedo points out that around a half of the companies on the top 100s are from the United States, but that is also slowly changing.
– In recent years, there has been a boom in brands coming from Asia, in particular from China – he states.
It is none other than China that has gained notoriety as the global centre for production of counterfeits over the past few decades, so I feel compelled to ask Sanz de Acedo more about it. What is the deal with trademark protection in countries under authoritarian regimes, where there is no rule of law in the Western sense of the term? How do you protect intellectual property in, say, China? Or Russia?
– China has a far more advanced system for the protection of intellectual property rights than people assume. We have very good communication with the Chinese authorities. A lot of counterfeit goods still do come from China, that much is true, but we’re also witnessing an emergence of very strong Chinese brands, such as Lenovo or Huawei, that are now being counterfeited in third countries.
He emphasises that this is just a normal part of the evolution – economic development raises awareness on the protection of intellectual property rights, which results in the strengthening of their legal protection.
– This is already happening in China – he says.
Russia, on the other hand, is a different story.
– As for Russia, it does have appropriate legislation, but we make minimal contact with them now because of the invasion of Ukraine. Many companies had to move their operations from Russia due to pressure from their clients, but at the same time all of them want to retain their rights for a later point in time – he explains.
I ask him where Croatia stands in this regard, and Sanz de Acedo gives me a straightforward answer:
– Croatia has a stable regime for the protection of intellectual property rights, as well as excellent experts in the field. I also think that the Croatian legislation is pretty solid. I’d like to mention one more thing that strikes me as important: Croatia has a lot of potential, with many promising companies and interesting brands that I think have the potential to expand internationally, and that’s why it’s important to have good IP strategies and product branding. It is a fantastic opportunity for small and medium-sized companies – he argues categorically.
Our lives are ever more governed by various technologies: social media, the Internet of Things, blockchain, artificial intelligence, metaverse, cryptocurrencies… What is the impact of the new technologies on intellectual property rights and trademark protection? Which new problems arise in the process? There is probably no better expert than Sanz de Acedo to answer these questions…
– All in all, one could argue that new technologies represent both an opportunity and a challenge at the same time. As for the Internet, it provides an opportunity for companies to attract customers from all over the world. Everything is just the click of a mouse away. On the other hand, the online market is flooded with counterfeits and sometimes it’s very difficult for consumers to determine whether a product is original or not – he says.
He believes that blockchain could prove very useful in the protection of intellectual property rights, since this technology makes it possible to unambiguously identify the owner of the trademark rights.
– Certain companies, especially those pertaining to luxury and design industry, are already using blockchain to protect themselves in the product development process, so they only head to the intellectual rights office with the final, finished product.
He points out that companies are also trying to position themselves in the metaverse, but it still remains more of a marketing venue than a full-blown market.
– If you ask me, all these technologies are still not fully developed, but they hold immense potential. For example, artificial intelligence entered the global market just over a year ago, and its growth since then has been exponential. The content that can be generated with ChatGPT is absolutely fantastic, but there’s the issue of copyright ownership. Let’s say you’re a journalist, and ChatGPT can extract information from all the articles you have ever published and produce something new. But who’s the actual copyright owner in that case? Is it ChatGPT or is it you? There is currently a lawsuit between the New York Times and OpenAI trying to resolve these very issues. So, that’s something that still hasn’t been settled.
Tin anniversary as head of an association is a perfect time to reflect on one’s work, so I ask Sanz de Acedo if he is satisfied with what he has achieved so far.
– You should direct that question to our members! – he laughs and goes on to say:
– What I can say is that I came to INTA with the aim of making the association truly global and extending its competence. When I became CEO, the association was mainly focused on the protection of trademarks, and now we are on an equally strong footing in design and copyright domains. We also stay up to date with all patent-related matters, as the lines between different intellectual property rights have grown blurred.
He says that in 2013, INTA had a strong presence in North America and Europe but much less so in other parts of the world, and nowadays its map of influence looks way different. Aside from its headquarters in New York, it boasts offices in Santiago de Chile, Brussels, Beijing, and Singapore, as well as permanent representatives in India, Africa, and the Middle East.
– You see, we’ve become a truly global organisation and we’re recognised as such – he concludes.
Etienne Sanz de Acedo certainly deserves a lot of credit for the transformation of INTA. He seems to be the right man in the right place; but in the end, I still have to ask him what he would be if he wasn’t who he is. His answer does not really come as a surprise.
– I would probably be a politician. I want to think of myself as a citizen of the world, and the world is facing tremendous challenges. I think that our political leaders should do their job more conscientiously. There are so many things that should be changed for the better. We have major environmental issues, global geopolitics is becoming more and more complicated, and we are witnessing the rise of new technologies… We have to think about leaving a better world for future generations. I truly believe in public service, and I think that working to improve society should be every politician’s goal.
When I half-jokingly told him that it is never too late to pursue a career in politics, a barely discernible smile fluttered over his lips. Or maybe I only imagined it…
