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Committee publications

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Mental wellbeing: interview with Graham Boal QC, former Old Bailey judge

Former Old Bailey Judge Graham Boal QC gives insight into his experiences of imposter syndrome and depression and discusses the importance of mental wellbeing in sustainable career development for lawyers

Released on Aug 19, 2021

Breach of the shareholders’ agreement: which jurisdiction applies when a company is based abroad?

According to a recent judgment of the Italian Corte di Cassazione, a dispute arising from a breach of the shareholders’ agreement by an Italian shareholder is subject to the Italian jurisdiction even when the registered office of the company is located abroad under the rule of the defendant’s domicile.

Released on Aug 18, 2021

Beyond the runway: understanding the scope of image rights protection under Nigerian law

A person’s most valuable asset is their personality, and the wealth that is beginning to be associated with this in the 21st century is increasingly becoming evident. Technological advancement, especially the evolution of social media, has introduced complexities into the exploitation of image rights in the fashion industry. These platforms have suddenly become a theatre of sorts, for infringers who commercially exploit the images and persona of athletes, models and fashion brands without permission. Consequently, the efforts to commercially control both images and information belonging to fashion brands have never been greater. For elite models and fashion brands at the pinnacle of their career, not even the engagement of social media experts and consultants has been able to address this malaise.

Released on Aug 18, 2021

Pro Bono Efforts Harness the Expertise of Commercial Lawyers to Address Crimes Against Humanity Directed at Women

This article explores how commercial lawyers are effectively using their unique expertise in global trade and sanctions to deliver pro bono services that support accountability for human rights violations committed by non-state actors. This is having a powerful effect on accountability for crimes against humanity directed at women and other sanctions experts willing to engage on a pro bono basis are invited to join these efforts.

Released on Aug 18, 2021

Changes to a centuries-old tax applicable to certain real estate in Brazil

This article discusses changes to ‘marine land’ taxes in Brazil, which may provide an opportunity to private owners for savings in future taxes as well as a possible increase in the value of these types of properties.

Released on Aug 13, 2021

Anti-money laundering and counter-terrorism financing regulation in the Brazilian real estate market

Brazil takes a step further towards its anti-money laundering and counter-terrorism financing regulation within the realm of FATF-GAFI directives and bind notaries, registrars, intermediaries and advisors in real estate transactions.

Released on Aug 13, 2021

The Day the Music Stopped

The article highlights the devastating impact that the global Covid-19 pandemic has had on the live music industry and shows how this might be mitigated by embracing the newer forms of exploitation of copyright to bolster artists’ income streams.

Released on Aug 13, 2021

Arbitrating Intellectual Property Disputes in Nigeria: Lessons from Hong Kong and Singapore

Arbitration is now becoming globally recognised as the preferred method for resolving technology disputes. In this article, we examine the position in Nigeria, while considering the existing practices in Hong Kong and Singapore.

Released on Aug 13, 2021

Access to Vaccines is a Right, a Human Right!

The article considers accessibility to vaccines and health in general as a human right and in so doing looks at the rights enshrined in various treaties and declarations and Mexico’s Constitution in seeking to address a global rollout of vaccines.

Released on Aug 13, 2021

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

Class Action Common Fund Orders: What does the future hold?

Released on Aug 5, 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

Upcoming events of the IBA Anticorruption Committee

Upcoming events of the IBA Anticorruption Committee: monthly IBA ACC officers’ meetings and the start of a new selection of candidates for officer positions.

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