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Committee publications

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Everybody Needs Good Neighbours: Case 265/19 RAAP v PPI

This article provides a case summary of a recent CJEU decision on a dispute between Irish music performers, the collective management organisation and the Irish music producers’ organisation. The decision clarifies the extent of the right of performers to equitable remuneration with producers under Article 8(2) of Directive 2006/115/EC and its applicability to non-EEA performers.

Released on Aug 12, 2021

From the Editor – IP & Entertainment Law – August 2021

A letter from the Editor for the August 2021 Intellectual Property and Entertainment Law Committee eBulletin

Released on Aug 12, 2021

A Letter from the Co-Chairs for the August 2021 Intellectual Property and Entertainment Law Committee eBulletin

A letter from the Co-Chairs for the August 2021 Intellectual Property and Entertainment Law Committee eBulletin

Released on Aug 12, 2021

When 3-D Objects in Video Games Pose IP Challenges

Video games often include real-life 3D objects, particularly if the game is to be realistic. The trouble with real-life objects is that they may be protected by various intellectual property rights. Unless the right holder has consented to the real-life object being used in the game, the game’s developer or publisher risk infringing IP. The article discusses reported cases from the US and EU regarding in-game use of 3D objects.

Released on Aug 12, 2021

Portugal: Covid-19 Expropriation and Compulsory Patent Licensing

The article, in addressing compulsory patent licensing, looks at the constitutional protection afforded to industrial property rights in Portugal, the conflict between constitutional provisions and compulsory licensing and the principle of proportionality.

Released on Aug 12, 2021

Compulsory Licensing of Essential Drugs During the Covid-19 Pandemic

The article addresses the question of compulsory licensing of patents in India: whether it assists with supply, and potential adverse effects on innovation.

Released on Aug 12, 2021

Intellectual Property and Access to Vaccines During the Covid-19 Pandemic

The article provides insight into patents, why and where they are filed, how they are acquired and whether they can hinder access to vaccines.

Released on Aug 12, 2021

Asia Pacific Regional Forum – August 2021 – Co-Chair's note

Released on Aug 11, 2021

Welcome to the Newsletter

Released on Aug 11, 2021

LFMC communications, websites and webinars: Law Firm Management Committee survey, June 2021

The Law Firm Management Committee monthly survey series: June 2021

Released on Aug 9, 2021

2021 First Semester and Future IBA Anti-Corruption Committee Events

A summary of IBA Anti-Corruption events so far.

Released on Aug 4, 2021

Short-Term Incentives and Their Impact in Enabling Illicit Conducts

Companies have been increasingly required to establish appropriate short term governance- however, the implementation of short-term incentives to executives (or, as some scholars call it, ‘short-termism’) has generally been believed to be one of the main corporate governance-related causes of corrupt practices.

Released on Aug 4, 2021

New Public Procurement Law Focuses on Environmental, Social and Governance Compliance

On 1 April 2021, Brazil passed its New Public Procurement Law (Law No 14,133/2021), revoking Law No 8,666/1993 after almost 28 years in force. However, it is too early to say whether the new piece of legislation will create more or less trouble in the fight against a corrupt business environment.

Released on Aug 4, 2021

Message from the Litigation Committee Co-Chairs, August 2021

Message from the Litigation Committee Co-Chairs, Yvette Borrius and Tim Strong, for August 2021

Released on Aug 4, 2021

Reports on Litigation Committee sessions from the Virtually Together Conference 2020

This was an insightful session covering international litigation case management, chaired by Peter Bert (Taylor Wessing, Germany). The purpose of the session was to consider best practice for managing transnational disputes across different jurisdictions, looking at how differing procedural rules, timetables, and cultures can best be navigated by in-house and external counsel, and clients, successfully.

Released on Aug 4, 2021

Diversity Series: views on how the pandemic has affected inclusivity in the legal profession

The pandemic and lockdown have changed work organisation habits and routines in many ways. Many people have had to set up an office at home. The line between personal and professional space became blurred almost overnight, not by choice but by necessity. For lawyers, and this seems valid for most of the legal profession, the logistical aspects have not been the most problematic. The legal profession can indeed – for the most part – be carried out remotely, provided a good IT system is in place and one has the necessary furniture at home. Our work nevertheless requires a calm environment during long moments of concentration, reflection or during conference calls with colleagues or clients, sometimes at incongruous hours due to cases involving international contacts.

Released on Aug 4, 2021

Evidence gathering in aid of foreign proceedings in the US and England

More than 50 years ago, a treaty known as the Hague Evidence Convention was negotiated under the auspices of the Hague Conference on Private International Law to facilitate cross-border cooperation in the taking of evidence in civil and commercial matters. Yet, even among the more than 60 countries that have ratified the Convention, the rules and practices for obtaining evidence vary widely. The differences between civil and common law jurisdictions are often especially pronounced. The types of evidence that may be obtained, and the procedures for doing so, differ significantly between the United States and England. This article aims to provide a practical overview of what litigants can expect in the US and England when seeking evidence for use abroad.

Released on Aug 4, 2021

The European Representative Action Directive

In November 2020, the European Parliament and the Council of the European Union passed Directive EU 2020/1828 on the new European Representative Action. This article aims to give an overview over the new collective remedy and the debate it has caused.

Released on Aug 4, 2021

Deciphering a divergent stance on state immunity in the Ukrainian courts

State immunity is a well-established principle of international law that is frequently relied upon by states in order to fence themselves from the jurisdiction of courts and tribunals of a foreign state. In a similar vein, governments utilise state immunity in order to prevent enforcement of judgments or awards against the assets belonging to such states.

Released on Aug 4, 2021

Not a ‘family’ business: enterprise or professional debts cannot be paid by the patrimonial fund constituted for the needs of the family

The matter of asset protection is growing in importance, especially for massive assets, since the Italian 2017 Budget Law introduced the so-called ‘flat tax’.

Released on Aug 4, 2021

Complications surrounding the practice of enforcement of foreign decisions in Turkey

Court decisions and arbitral awards (hereinafter referred as decisions) reflect the sovereign power of the country in which they are rendered, and as a rule, they can only have an effect within the borders of that country. For the same reason, for a decision rendered in a foreign country to be able to have effect in Turkey, it is necessary to first be enforced by Turkish courts.

Released on Aug 4, 2021

Final steps for the digital transformation of Italian civil proceedings – the development of remote justice in the Italian civil courts

In 2012, the Italian Government started the digital transformation of Italian civil proceedings by introducing the laws and tools needed for civil proceedings by electronic means (the so-called Processo Civile Telematico). In particular, Law Decree no. 179/2012 provided that, as of 30 June 2014, civil proceedings could be initiated by electronic means before the courts of first instance and, as of 30 June 2015, before the courts of appeal. As a consequence, nowadays lawyers are allowed to file a digitally signed PDF version of a judicial submission before any Italian court of first instance and court of appeal.

Released on Aug 4, 2021

Brexit’s impact on litigation

The United Kingdom is one of Poland’s most important trading partners. When the UK left the European Union, not only did trade become more difficult, but litigation also became more problematic for business owners.The United Kingdom is one of Poland’s most important trading partners. When the UK left the European Union, not only did trade become more difficult, but litigation also became more problematic for business owners.

Released on Aug 4, 2021

Remote justice and the future of litigation in Turkey

Even before the World Health Organization declared the Covid-19 virus a pandemic, there had been an increasing need for more efficient use of information systems and digitalisation in the Turkish judicial system.

Released on Aug 4, 2021

Serving by email under the Hague Convention for cases in the US courts

Imagine the defendant in the lawsuit you are about to commence in the federal courts in the United States resides in a country that is a signatory to the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (the Hague Convention).

Released on Aug 4, 2021

Drafting – do we need to switch it up?

The interpreting and drafting of contracts is an age-old cornerstone of a lawyer’s daily tasks. The techniques, rules and methods for doing so have changed throughout the years. However, recent developments due to the incessant and exponential way the language is evolving in times of text messaging, online communications and use of artificial intelligence to draft documents means it may be time that some serious reconsideration is given to drafting and interpreting contracts going into the future.

Released on Aug 4, 2021

So you want to challenge? The right to be heard as a path to challenging arbitration awards through the courts in Austria

Unlike litigation, the arbitration process usually offers no clear-cut route to review or to appeal against an arbitration award. It is often difficult for the dissatisfied party in an international arbitration to make a successful challenge to the award.

Released on Aug 4, 2021

The Latest Italian Anti-Corruption Law and the Struggles of its Implementation

Italian legislation on corruption and bribery matters has notably developed in the last decades and, in 2019, Italian lawmakers took decisive action against corruption, implementing Law 3/2019 –known as ‘Legge Spazza Corrotti’ (‘Sweep-the-Corrupt’ law). This article discusses the various constitutionality issues raised by this piece of legislation.

Released on Aug 3, 2021

New Tools for Old Targets: Anti-Corruption Enforcement by the United States Under the Biden Administration

President Biden made fighting corruption a focus of his foreign policy. New enforcement tools in the form of legislation passed just before his inauguration and the US Commodity Futures Trading Commission’s recent first enforcement action of a foreign-corruption scheme promise to shape his administration’s anti-corruption enforcement priorities.

Released on Aug 3, 2021

The EPPO Starts Operations on 1 June 2021

As the first European prosecutorial authority, the European Public Prosecutor's Office starts operations on 1 June 2021. The EPPO’s mission will be to prosecute criminal offences affecting the European Union’s financial interests.

Released on Aug 3, 2021