Committee publications

  • Subject
  • Region
  • Year
Franchising in Denmark—Selected Topics

Franchising, as a business model and business expansion concept, has grown significantly in Den-mark over the recent decades as a result of foreign franchise systems being established in Denmark as well as Danish companies expanding globally via the use of the franchise model. The franchise model is therefore now a commonly used business model in Denmark.

Released on Dec 7, 2023

New developments in structuring investments in and expansion of startups (2023)

This panel addressed the main developments in fiscal planning concerning startup investments, focusing on the tax implications arising from various investment structures. The challenges and innovative solutions to these challenges were also part of the discourse. The complex relationship between taxation policy, investment growth and startup expansion was analysed, providing valuable insights for investors, entrepreneurs and tax law practitioners.

Released on Dec 5, 2023

Cryptocurrency, digital platforms and metaverse taxation on digital services and trades (2023)

Due to the ways in which digital technology allows non-residents to do business without creating a physical taxable presence, countries are rushing to amend their tax codes and treaties to address this gap. This panel began their discussion with an example and tried to tackle the questions arising from their respective tax legislation and highlighted the potential gaps. Furthermore, the panel discussed which transactions should see taxes arise in regard to cryptocurrency, digital platforms and the metaverse.

Released on Dec 5, 2023

Sports and taxes (2023)

This panel covered several important and current topics on the taxation of professional sports, with a special focus on football. The topics covered included: the international taxation of player transfers and loans; image rights; TV quotas; licensed products and bets; agent remuneration; tax residency issues and incentives; Brazilian ‘anonymous football societies’ and investment opportunities; and tax issues arising from investment structures.

Released on Dec 5, 2023

Pillar Two – analysis of the tax burden faced by affiliates of multinational enterprises from OECD member countries – the definition of corporate taxes and tax benefits (2023)

This panel focused on defining corporate taxes and tax benefits, which is crucial for calculating the effective tax rate within the Organisation for Economic Co-operation and Development’s Pillar Two Model Rules framework.

Released on Dec 5, 2023

From traditional sources to renewables: the role of green taxes (2023)

The panel covered important and current matters involving the role of taxation in regard to energy transition goals, from fossil-based resources to renewable energy sources. The topics covered included: the current context and green policy aspects, the corporate counsel perspective, national fiscal policy initiatives, carbon trading, and impact investing.

Released on Dec 5, 2023

New reporting duties regarding ESG standards and possible scenarios of shareholder litigation under Chilean law

The Financial Market Commission has established the first reporting duties applicable to most Chilean open corporations regarding ESG Standards. Through them, the entity requires companies to disclose quality information for investors and stakeholders to evaluate how corporations are dealing with the adoption of ESG matters in their operations. Not only will this likely accelerate the introduction of ESG standards to the Chilean market, but also these measures may increase the likelihood of potential lawsuits filed by shareholders

Released on Dec 1, 2023

The French Duty of Vigilance Law: a new litigation risk for European companies

Following the Rana Plaza tragedy in Bangladesh on 24 April 2013 , corporate social, environmental and societal issues have been increasingly taken into account both by society and by companies. In France, NGOs, trade unions and elected officials advocated for the creation of a specific regulation extending the civil liability of French parent companies for human rights and environmental violations committed by their subsidiaries or their suppliers, both in France and abroad. After years of legislative debates, French Law No. 2017-399 of 27 March 2017 on the duty of vigilance of parent companies and contracting companies (the “Duty of Vigilance Law” or the “Law”) was adopted on March 27, 2017. Since environmental, social and governance (ESG) topics are increasingly scrutinised, many legal actions have been initiated against French companies by NGOs, trade unions and individuals, on the basis of non-compliance with the Duty of Vigilance Law. No decisions have been issued yet on the merits of these cases. However, since these organisations are very active on social media and in the press, these kinds of legal proceedings have proven to be very detrimental to companies’ reputation and image.

Released on Dec 1, 2023

English courts consider anti-suit injunctions in aid of Paris-seated arbitrations

Across a series of anonymised decisions issued within days of one another, the English Commercial Court (on three occasions) and the Court of Appeal (on one occasion, overturning a decision from the Commercial Court) have considered the availability of anti-suit injunctions (ASIs) in support of Paris-seated arbitrations where court proceedings were commenced in Russia.

Released on Dec 1, 2023

The legal negotiation of corporate governance in corporate finance transactions in France

Negotiating the governance rules that are applicable post-closing in a corporate finance transaction is crucial – whether the transaction is a round of funding, an leveraged buyout operation or even an acquisition. This article assesses the process of doing so in France.

Released on Nov 29, 2023

DREX and Open Finance: the Brazilian Central Bank unveils innovations for the Brazilian financial market

This article assesses recent innovations and the impact of new technologies in the Brazilian financial market.

Released on Nov 29, 2023

IBA Healthcare and Life Science Law Committee telemedicine survey

Released on Nov 28, 2023

Updated IBA Guidance Note on Business and Human Rights: The role of lawyers in the changing landscape

In November 2023 the IBA Council approved the Updated Guidance at the IBA Annual Conference in Paris.

Released on Nov 28, 2023

IBA Annual Conference in Paris – LGBTQI+ Law Committee panels

A conference report on the IBA LGBTQI+ Law Committee panels at the IBA Annual Conference in Paris, October–November 2023.

Released on Nov 22, 2023

2023: an intelligent learning odyssey

This article explores the potential implications of AI tools on education and on the legal profession, including the various approaches that educators and legal institutions can take to optimise a responsible use of AI technology while minimising its limitations.

Released on Nov 20, 2023

Corporate and M&A Law Committee Podcasts

The Corporate and M&A Law Committee aspires to be the leading global forum for the education, exchange of know-how and networking of corporate, corporate compliance, private equity and M&A practitioners around the world. They present a series of podcasts with issues specifically related to corporate M&A.

Released on Nov 17, 2023

Facilitating IoT Ecosystem: Pakistan’s Comprehensive Regulatory Framework

The Internet of Things (IoT) is a network of interconnected devices and the technology that enables communication between devices and the cloud, as well as between devices themselves. The rapid progress of technology has facilitated the emergence of the IoT. The Pakistan Telecommunication Authority (PTA) has demonstrated a proactive approach in acknowledging the potential of the IoT sector. In order to foster innovation and adhere to global benchmarks, the PTA has developed a regulatory framework for Short Range Devices (SRD) and terrestrial IoT services to facilitate the establishment of a flourishing IoT ecosystem within Pakistan.

Released on Nov 15, 2023

Fortifying cybersecurity: Pakistan’s CERT Rules 2023 and their implications

In an increasingly interconnected world, digital infrastructure protection is crucial not only for individuals and organisations, but also for nations as a whole. Recognising the critical need for protecting its digital borders, Pakistan has made an admirable step forward by passing the Computer Emergency Response Team (CERT) Rules, 2023 (‘CERT Rules 2023’). While this legislative framework appears technical, it has far-reaching legal ramifications that go beyond its technical components.

Released on Nov 7, 2023

Cryptocurrency can be ‘property’ under Hong Kong law – and yet it may not be

This article provides one of the key case law updates in Hong Kong with respect to cryptocurrency. While the market sentiment is generally optimistic about the judicial recognition of cryptocurrency, the author would like to remind readers to watch out for overhype.

Released on Nov 7, 2023

The regulatory framework of plant-based food in Brazil

The article addresses the regulatory framework of plant-based food in Brazil, considering the existence of more than one responsible authority for the regulation of food products and the current nonexistence of specific rules for plant-based food. Despite the lack of specific regulation there have been some initiatives to regulate plant-based products. This is mainly due to innovations in the food market arising from new technologies, and the need to provide clear and adequate information in order to reduce the asymmetry of information in the plant-based food market.

Released on Nov 2, 2023

How the Metaverse addresses supply chain challenges for the healthcare and life science sector

Assistance should be provided to supply chain challenges in the Healthcare & Life Science Sector through the use of new technologies, and to make the supply chain more effective and fail-safe through the use of Artificial Intelligence (AI). The European Union wants to ensure that AI systems are safe, transparent, traceable, non-discriminatory and environmentally friendly. Therefore, the existing legal issues shall be embedded in a new legal framework to ensure legal certainty. The institutions of the European Union aim at adopting a common AI law by the end of this year.

Released on Nov 2, 2023

Telemedicine and health e-documentation legislation is finally on the horizon in the Czech Republic

Telemedicine, despite being used in practice, was not explicitly and specifically addressed in Czech law. However, new legislation to introduce the concept of telemedicine into the Czech legal framework is now on the horizon.

Released on Nov 2, 2023

Obstacles to healthcare AI: legal issues relating to the increasing use of AI in healthcare and medical technologies

The impact of artificial intelligence (AI) in the healthcare market are becoming increasingly more pronounced, indicating a turning point in modern medical practice. For example, in areas such as diagnosis, some machine learning tools have been shown to be more accurate in identifying pancreatic cysts harbouring cancer or at risk of cancer, than conventional clinical and imaging criteria alone, demonstrating the potential for AI to reduce costs and current rates of morbidity.

Released on Nov 2, 2023

The rise in the use of telemedicine: advantages and pitfalls

Telemedicine is viewed as a means of improving patients’ access to healthcare, allowing doctors both to work more effectively and reduce costs. This is achieved by cutting the number of unnecessary hospital admissions and facilitating doctor contact from as patient’s home in urgent cases. Such a way of working is possible, but requires a well-designed and predictable regulatory framework of standards for providing telehealth services.

Released on Nov 2, 2023

Considerations for the effective implementation of telemedicine in developing countries

The integration of telemedicine has accelerated an innovative process within the healthcare sector, reshaping the ways in which medical services are provided. Consequently, the most competitive medical institutions have embraced continuous innovation as a fundamental strategic course. This approach has proved to be a distinguishing factor between healthcare provider organisations, solidly establishing and positioning themselves in relation to their competitors. In this context, the present article aims to outline certain considerations which require contemplation for achieving suitable implementation of telemedicine services in developing countries.

Released on Nov 2, 2023

Clinical trials in Peru

This article gives an overview of the regulatory landscape for clinical trials in Peru. It discusses the key stakeholders involved, including the National Institute of Health (INS) and the General Directorate of Medicines, Supplies, and Drugs (DIGEMID), highlighting their roles in trial authorisation and product safety evaluation. It emphasises the regulatory framework, outlined in Decree No 021-2017-SA. The roles of various entities, such as sponsors, Contract Research Organisations (CROs), monitors, Principal Investigators, research centres, and Institutional Review Boards (IRBs), are also described.

Released on Nov 2, 2023

Risk-sharing agreements in the incorporation of innovative technologies by the SUS

Incorporating new pharmaceutical technologies is one of the main challenges facing Brazil’s Unified Health System (SUS). Inspired by the United Kingdom model, Brazil’s National Commission for the Incorporation of Technology in the SUS (CONITEC) has based the analysis of incorporation on a combination of cost and effectiveness. However, in many cases, uncertainty remains about the advantage of replacing technologies due to the need for more sufficient data, which delays public access to these treatments through the regular channels.

Released on Nov 2, 2023

Intellectual property rights and access to affordable medication in Pakistan

Striking a balance between the intellectual property rights of and access to affordable medication in developing countries has long been a debated issue in the healthcare sector and legal community. It is now more important than ever to strike a balance between the two perspectives, particularly in developing countries. This article explores the legal landscape surrounding patented medication and compulsory manufacturing licences in Pakistan.

Released on Nov 2, 2023

Data protection legal and regulatory concerns for health insurance carriers in Brazil

This article examines data protection and document management in Brazil’s health insurance sector. It discusses the implications of the Brazilian General Data Protection Law, emphasising patients’ rights over their personal data and the obligations with which health insurance providers need to comply. The article concludes by stressing the crucial balance between data use and patient protection, advocating robust data protection measures and responsible management for health insurance carriers’ integrity and innovation.

Released on Nov 2, 2023

AI in healthcare: trends and challenges in India

Advances in AI have ushered in a new era of innovation across sectors, with the healthcare sector being at the forefront of this transformative wave. With the increasing use of AI across various segments of the healthcare sector, challenges and ethical considerations arise, along with the need for human intervention. There remains a need for collaboration between industry experts and policy makers across jurisdictions such that the AI tools can be deployed responsibly and effectively.

Released on Nov 2, 2023