Committee publications
New tax developments in Turkey in 2026
Various changes have been made to the Turkish tax system via Law No 7582 On Amendments to Certain Laws, which was published in the country’s Official Gazette on 4 June 2026. Some of the most important changes are discussed in this article.
Released on Jun 10, 2026
Protecting trade secrets in the age of remote work: a Nigerian perspective
This paper argues that technological advancements and regulatory gaps have created the ‘digital walkout’ where employees can exit organisations with valuable proprietary information in digital form. It contends that existing legal mechanisms are insufficient and advocates for a more robust, technology-responsive framework for trade secret protection in Nigeria.
Released on Jun 9, 2026
The seizure of evidence under Danish law: when an employee takes more than workforce to a competitor
Danish law provides a powerful civil remedy procedure for the seizure of evidence protected by intellectual property law, unlawful product imitation under marketing law and certain sui generis protection, including where a rightsholder suspects that such material, for example technical drawings, have been taken by a former employee to a competitor. The seizure of evidence may extend to electronic data stored outside Danish jurisdiction provided that the relevant material can lawfully and effectively be accessed from premises in Denmark.
Released on Jun 9, 2026
Access to professional email accounts: the struggle between GDPR data subject access rights and the right to evidence before French courts
Since becoming applicable on 25 May 2018, the GDPR has required employers, as data controllers, to respond to requests made by data subjects. Among the rights it grants is the right of access under Article 15: the right to obtain confirmation that personal data are being processed and to receive a copy thereof, including the content of the messages and their technical metadata. Initially intended to enable individuals to verify the lawfulness of data processing, this right has become a tool for employees seeking to build a case against their employer.
Released on Jun 9, 2026
Walking out the door in Brazil: trade secrets, confidential information and post-employment obligations
This article examines the Brazilian legal framework governing the protection of trade secrets and confidential information in the context of employment relationships, with a particular focus on the obligations that persist after the employment bond is dissolved. It analyses the relevant statutory instruments, the role of unfair competition law as the primary post-employment enforcement mechanism, available remedies and emerging trends in the Brazilian courts.
Released on Jun 9, 2026
What leaves with the employee? Confidential information and IP risks post-employment
This article examines the legal framework governing trade secrets, confidentiality and intellectual property created during employment under the law of North Macedonia, with a particular focus on employee post-termination obligations. It analyses the protection available to employers, the allocation of economic and moral rights to employee-created works and the role of contractual mechanisms, such as confidentiality clauses, in safeguarding business interests.
Released on Jun 9, 2026
Navigating post-employment patent assignment agreements and the burden of proof
The Eastern District of Texas found that an assignment agreement presuming that patents filed by a former employee up to a year after leaving an employer would still be owned by the employer was valid despite worker-friendly state employment laws, because the agreement also provided that the presumption could be rebutted by a showing that the invention was invented after leaving the former employer. The former employee was in fact able to convince the court that the invention occurred after the termination of his employment, and the court ruled that he did in fact own the patents and had standing to assert them in a patent infringement lawsuit, clearing the way to a subsequent $278.8m jury award. This article analyses that case to assess the broader practical implications for both employers and employees within patent law.
Released on Jun 9, 2026
Defining the object: why trade secret claims fail in Ukraine
Most trade secret disputes involving former employees in Ukraine fail at the stage of defining the object of protection. The issue is not the absence of commercially valuable information, but the inability to express that value as a legally identifiable object. This article examines how Ukrainian courts address this problem and what it means for enforcement.
Released on Jun 9, 2026
Labour market shifts and the evolution of trade secret protection under Japan’s Unfair Competition Prevention Act
Japan is simultaneously promoting workforce mobility and strengthening trade secret protection. The 2023 amendment to the Unfair Competition Prevention Act expanded the scope of protected data, introduced extraterritorial enforcement and enhanced the remedies available, while the March 2025 revision of the Ministry of Economy, Trade and Industry (METI) Management Guidelines for Trade Secrets addressed generative artificial intelligence (AI), cybersecurity, remote work and research institutions. This article examines these reforms, the evolving case law in this area and the role of non-compete clauses as a calibrated complement to confidentiality obligations.
Released on Jun 9, 2026
When former employees become a vector for IP infringement, trade secret misappropriation and unfair competition
When a service company loses a key client only to find a newly formed competitor, staffed by former employees, using its own operational tools, already in operation, the legal response rarely rests on a single cause of action. This article examines three interlocking claims under Portuguese law: unfair competition through employee diversion, trade secret misappropriation and copyright infringement. It also surveys the procedural tools available — disclosure orders, injunctions and damages mechanisms — that determine whether the legal response is effective in practice.
Released on Jun 9, 2026
The legal framework governing intellectual property and entertainment in Tanzania
The music scene and a growing film sector have brought to the fore the critical importance of intellectual property (IP) rights in Tanzania. As creators and innovators increasingly leverage their artistic endeavours for commercial gain, a robust legal framework is essential to protect their interests, foster creativity and ensure fair compensation. This article provides a detailed examination of the IP and entertainment law landscape in Tanzania, highlighting key legislation, regulatory bodies and recent developments, all presented from the perspective of a seasoned legal practitioner.
Released on Jun 9, 2026
Towards a more holistic framework for trade secret protection in Türkiye: analysis of the draft law on the protection of trade secrets
In April 2026, the Turkish Ministry of Trade published a draft law on the protection of trade secrets, aiming to establish a more coherent legal framework for trade secret protection, drawing on European Union Directive 2016/943. This article provides a general overview of the draft law by highlighting the conceptual ambiguities, constitutional tensions and legislative inconsistencies likely to shape its implementation in the light of Directive (EU) 2016/943.
Released on Jun 9, 2026
The unregistered asset: protecting trade secrets from misuse by former employees in India
This article explores the legal landscape surrounding the protection of trade secrets in India, with a particular focus on misappropriation by former employees. In doing so, it surveys the judicial standards developed by Indian courts and examines the contractual and operational mechanisms that employers may deploy in the absence of dedicated trade secrets legislation.
Released on Jun 9, 2026
Guarding the crown jewels: legal strategies to prevent strategic data leaks post‑employment
This article examines the legal strategies available to companies under French law to protect trade secrets from misappropriation by departing employees, with a focus on the contractual, procedural and evidentiary tools shaped by the landmark Law of 30 July 2018 and a series of recent Supreme Court (Cour de Cassation) rulings. It argues that effective protection depends not only on litigation readiness, but on the preventive architecture built before the departure occurs.
Released on Jun 9, 2026
Walking out the door: Australian approaches to safeguarding confidential information and intellectual property
This article examines the legal framework for trade secret protection in Australia, including breach of confidence, copyright, directors’ duties and fiduciary obligations, noting the benefits of a multi-pronged approach. It considers the practical implications of forthcoming reforms that aim to restrict restraint of trade clauses in employment contracts.
Released on Jun 9, 2026
Foreign heirs and real estate in Turkey: a practical overview of the legal framework
This article outlines the main issues of Turkish law arising where an estate includes real estate located in Turkey and contains a foreign element. It briefly explains the applicable conflict-of-laws rules, the determination of heirship, the restrictions on foreign ownership of real estate and the legal consequences where acquisition is not permitted.
Released on Jun 9, 2026
Beyond the farmland: classifying Fulani herdsmen attacks in Nigeria’s middle belt as international crimes
In the early hours of 23 June 2018, gunmen descended on the Berom farming village of Gashish in Barkin Ladi, Plateau State, Nigeria. At least 86 confirmed dead, with credible witness estimates exceeding 200; predominantly women, children, and elderly men who could not flee. The events in Gashish are not isolated; they represent a persistent pattern observable across Benue, Plateau, Kaduna, Taraba, Zamfara, and Nassarawa States for over a decade.
Released on Jun 3, 2026
The hidden weapons of war: protecting urban life and environment
This article examines the emerging legal frameworks of ‘ecocide’ and ‘civilizational erasure’ in the context of modern urban warfare. Weaponisation of atmospheric toxicity through strikes on high-capacity petrochemical reservoirs located within a massive city like Tehran, is no longer just a tactical move; it becomes a ‘silent weapon of mass destruction’. This argues for a shift in international law and a new mechanism for restorative justice and strict liability is proposed to protect nations scientific soul and environmental future from the ‘Rule of Ruin’.
Released on Jun 3, 2026
From policy to persecution: healthcare denial and crimes against humanity in Afghanistan
Since August 2021, the de facto authorities in Afghanistan have imposed a series of nationwide restrictions affecting women’s access to education, employment and healthcare. These measures raise the question of whether the cumulative denial of healthcare access to women may amount to the crime against humanity of persecution under Article 7(1)(h) of the International Criminal Court Rome Statute.
Released on Jun 3, 2026
Strategy of darkness: a weapon of war
In modern high-intensity conflict, the front lines are no longer confined to trenches and physical fortifications; they extend to the power switches and water pumps of civilian metropolises.
Released on Jun 3, 2026
Artificial intelligence, surveillance and war crimes in Africa: regulatory challenges for the African Union Commission
Artificial intelligence (AI) and advanced surveillance technologies are increasingly deployed in armed conflicts across Africa. These developments raise complex questions for international humanitarian law and international criminal law, particularly in relation to attribution of responsibility, evidentiary standards and civilian protection
Released on Jun 3, 2026
Voices from the field - Diego Ignacio Sierra Laris
This series asks the Anti-Corruption Committee’s officers the most significant anti-corruption risks and challenges that are currently affecting their region. This edition is with Diego Ignacio Sierra Laris, the Committee’s Regional Representative for Latin America, who discusses the challenges for Mexico in finding practical solutions in tackling misconduct and the need to ground investigative, compliance or regulatory strategy in a nuanced understanding of local contexts.
Released on May 27, 2026
IP and sports in a year of global competitions: legal, strategic and commercial considerations for rightsholders and market participants
This article examines the strategic role of intellectual property in the global sports industry during a year marked by the 2026 FIFA World Cup and the 2026 Winter Olympic Games. It analyses key legal and commercial challenges for rightsholders and third-party market participants, covering athlete image rights, artificial intelligence-generated representations, licensing, broadcasting, anti-counterfeiting and ambush marketing. Practical perspectives from industry practitioners featured in a webinar hosted by the IBA Intellectual Property and Entertainment Law Committee on World Intellectual Property Day 2026 are integrated throughout the article.
Released on May 27, 2026
Cross-border intellectual property litigation: a Latin American look with a focus on life sciences and patent enforcement
This article aims to give some advice on how to design a cross-border litigation strategy in Latin America with a focus on the life sciences industry and patent enforcement. Considering such frame, our analysis will encompass the scenario in Brazil and Mexico (the two biggest economies of the region) and Mercosur, giving hints on Latam specific issues concerning the interplay between patent protection and health regulations as well as prosecution strategies.
Released on May 12, 2026
FDA’s Departure from conventional policymaking procedures: policy by journal articles
When the new administration took office in January 2025, it introduced a nontraditional form of policymaking at the United States Food and Drug Administration: drug approval reforms announced in restricted-access journal articles. The policy changes outlined in these articles range from introducing a new regulatory approach for individualised therapies to changing the number of clinical investigations generally required for drug approval from two to one. Such policymaking via a journal article lacks many procedural safeguards. This article explores why policymaking in this manner is potentially inconsistent with US administrative law principles under the Administrative Procedure Act and with FDA’s own statutory and regulatory regime, as set forth in the Food and Drug Administration Modernization Act of 1997. We conclude that regulated industry and the public must pursue creative strategies for communicating their needs to the Agency or urge FDA to comply with its procedural obligations. Doing so will ensure that FDA’s policies better account for the interests of industry and the people the Agency serves.
Released on May 12, 2026
Left to our devices: connected care and its legal challenges
The quiet revolution in healthcare is no longer happening in the operating theatre; it is happening on our wrists, in our pockets, and in the cloud. Wearables, home monitoring kits, and AI-driven dashboards promise continuous, connected care, but they also drag hospitals and manufacturers into a thicket of regulatory, liability, and data-governance questions that traditional health law was not designed to answer.
Released on May 12, 2026
All change in the EU: impact of the new EU legislation on combination products in the UK and Switzerland
The European Union’s pharmaceutical reforms will significantly reform medicines regulation, but changes for combination products are more limited, codifying definitions and providing a framework for coordination; applicants must still comply with both the medicines and devices rules. The United Kingdom and Switzerland often align with EU rules but retain separate frameworks; greater divergence may add complexity. The UK remains broadly aligned post-Brexit, but increased divergence may create challenges for reliance pathways and coordination. Switzerland’s authorisation system remains distinct, but alignment on devices means EU device approaches may influence Swissmedic. Overall, impacts are initially procedural, though future EMA developments could drive further divergence.
Released on May 12, 2026
The Bolar exemption in European pharmaceutical law and its further development in the EU pharmaceutical package
This paper examines the evolving scope of the Bolar exemption within EU pharmaceutical law against the backdrop of the proposed Pharmaceutical Package. It highlights the current fragmentation in Member State interpretations, contrasting functional and restrictive approaches, and underscores the resulting legal uncertainty for cross-border market entry strategies. Focusing on Article 85 of the proposed directive, the analysis explores the significant expansion of permitted preparatory acts, including pricing, reimbursement, and public procurement procedures. While the reform advances harmonisation and facilitates earlier market access, it raises new questions regarding the limits of commercial use and the personal scope of application, leaving critical issues unresolved.
Released on May 12, 2026
The role of artificial intelligence in drug discovery and development
The application of artificial intelligence (AI) to pharmaceutical research represents one of the most significant transformations the sector has experienced in recent decades, with the global AI-in-pharma market projected to grow at a 40–43 per cent Compound Annual Growth Rate (CAGR) through 2030. This rapid expansion also brings significant regulatory and governance challenges, particularly with respect to the regulatory acceptability of data generated through AI based methods and the requirements governing the appropriate use of personal data for algorithm training. These issues are prompting authorities worldwide to develop principles and frameworks aimed at ensuring the trustworthy, transparent, and responsible integration of AI into medicinal product development.
Released on May 12, 2026
The Bolar exemption between harmonisation and persistent grey areas: the EU pharma package reform and the Italian perspective
This article examines the current baseline of the Bolar exemption under Article 10(6) of Directive 2001/83/EC, how it has been transposed into Italian law and its distinctive features. It also considers the substantive changes introduced by Article 85 of the new Directive under the EU Pharma Package, the unresolved ambiguities those changes generate, and finally the impact of the reform on the Italian interpretation of the Bolar exemption and on preliminary injunction proceedings before Italian courts.
Released on May 12, 2026