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Jun 12, 2024
The new Foreign State Immunity Law 2023 of the People’s Republic of China came into force on 1 January 2024. This shifts the country (as well as its special administrative regions, Hong Kong and Macau) away from absolute state immunity to restrictive state immunity, bringing it more in line with the relatively prevalent practice among the international community. This article discusses the status of state immunity in public international law, analyses the new law’s provisions and examines practical challenges that will be faced by those seeking to utilise this law to enforce judgments or awards against foreign states and state entities, and the new law’s innovations that go beyond the United Nations Convention on Jurisdictional Immunities of States and Their Property of 2004 and the UK State Immunity Act 1978.
The proliferation of class action regimes around the world has created significant risks for defendants who increasingly face parallel mass litigation or class action suits in a growing number of jurisdictions. How are these regimes developing in an antitrust context - are they opt in or opt out? What approach are the courts taking in terms of evidence and disclosure? Which regimes seem to be ”claimant friendly”. For parties and legal practitioners involved in cross-border class actions, how can an effective antitrust class action strategy be developed to handle concurrent lawsuits in different jurisdictions? What insights can be gained to preserve the defense of a case in one jurisdiction without compromising positions in others?
IBA Annual Conference Paris 2023

Jul 08, 2025
Mediation is on the rise internationally as a means to settle disputes in a cost-effective manner. Chinese parties appear to be increasingly interested in mediation as an option. This article examines the evolving landscape of mediation in China and internationally. It considers how mediation for Chinese parties is evolving and whether mediation is a good option for Chinese parties in cross-border disputes. Commercial mediation has seen remarkable growth, bolstered by a supportive PRC judicial system and legislative initiatives encouraging parties to find harmonious ways to resolve disputes. The article analyses the three primary types of mediation in China: people’s mediation, administrative mediation, and commercial mediation. It also looks at mediation rules and proceedings in common law jurisdictions, such as Hong Kong, Singapore, and the United States. The article anecdotally considers the cultural elements, emphasising the Chinese parties’ preference for evaluative mediation styles as a reflection of civil law. Through case studies of international disputes involving Chinese and US parties, the article illustrates the practical dynamics of mediation involving Chinese parties and underscores the importance of cultural sensitivity in international mediation. As Chinese parties continue to go global, mediation is emerging as an attractive option for efficient and cost-effective dispute resolution. This analysis assesses whether the promotion of mediation is yielding tangible outcomes and explores the future of mediation involving Chinese and foreign parties.
The role of the courts in arbitration: an Asia Pacific perspective
Dec 04, 2025
Artificial intelligence (AI) is developing rapidly in China, with the number of patents and the size of the market both ranking highly among countries. However, this rapid development has posed new challenges to the legal framework, ethical norms and social governance, prompting China to continuously adjust and improve the relevant regulatory system.
At last, a flurry in appointments of female leaders at many of the world’s largest law firms has occurred. This reached cruising speed as from 2020 and has not stopped since. It should not stop!
This showcase will consist in a conversation between some of those top female leaders, the IBA female leadership and a leadership expert from a INSEAD business school.
The dialogue will address the qualities that such leaders bring to the management table and what firms can do to keep the positive vibe from female leadership once they have moved on and have been succeeded by other, male colleagues?
Female Leadership Excellence in Law Firms: coincidence or here to stay?
Based on research involving 64.000 people in 13 countries, John Gerzema and Michael D'Antonio identified that there is a shift in the types of leadership traits that are associated with success, morality and happiness.
The old masculine traits of aggression control, conflict and command are rapidly losing ground to behaviour, that is considered more feminine, like: selflessness, empathy, collaboration, flexibility and patience. Both male and female respondents in all researched countries expressed that this is the type of leadership which they consider most suitable for the rapidly changing and unpredictable world we live in. The researchers named this type of leadership: “The Athena Doctrine” (see TEDX Talk).
While these traits can be found both in men and women, it is clear that the Athena Doctrine particularly offers a great opportunity for women to soar in top positions. This session will discuss the following questions:
- How does the Athena doctrine translate to leadership in law firms?
- How do the leaders we have at the session relate to the Athena Doctrine?
- What particular features do they trust that they are bringing to the table?
IBA Annual Conference Paris 2023
Apr 22, 2022
This article discusses the recent SEC case involving PwC and highlights the wider implications for intermediary institutions providing professional services in a tightened regulatory and enforcement regime in China’s banking and financial sector.
€188
IBA Annual Conference Paris 2023

Sep 27, 2023
The rise in popularity of generative artificial intelligence (‘generative AI’) has ignited the discussion on whether junior employees can be replaced by it. Some have gone to the extent of questioning whether professionals, such as lawyers, can also be replaced by generative AI. Is it wise to replace junior employees or lawyers with generative AI? What factors should be considered before deploying generative AI tools in your business? To consider these questions, we first need to understand the basic workings of generative AI and what it can offer. Fundamentally, AI is intelligence that is not biological. The general understanding is that machines will be ascribed with this intelligence. These machines have the ability to interpret, learn from and process external data in a way that is similar to the capabilities of the human mind. Generative AI is a type of AI program that generates content from a data set. It uses deep learning, a type of machine learning system that behaves like a neural network to simulate the functions of a human brain. In other words, it can mimic human intelligence by exhibiting analytical skills to create new content. Not only can generative AI be utilised in chatbot programs to create text, but it can also be used in programs that can create images, sound or videos. This article will consider two major forms of generative AI, in the context of risks to businesses: chatbots using generative pre-trained transformer technology programs; and image generating programs.
€188
IBA Annual Conference Paris 2023
By Yi-An (Ann) Lai. Alipay and the impact of e-payment systems resulting in new regulations in China and other jurisdictions.
Feb 17, 2023
This article will outline the development of China’s restrictions on the cross-border transfer of personal information (PI export), detailing PI export mechanisms provided by the Personal Information Protection Law. It will also explain the practical implications of the restrictions.
On 8 December 2017, the European Commission decided that the International Skating Union’s (ISU) Eligibility Rules breached EU competition law. The rules provided that an athlete could be sanctioned for participating in an event not authorised by the ISU. The Commission thus examined whether the rules unlawfully restrict competition under Article 101 of the Treaty on the Functioning of the European Union (TFEU) by establishing a pre-authorisation procedure for third-party organisers and imposing sanctions

Jun 01, 2022
Hot on the heels of the ‘corporate purpose’ and environmental, social and governance (ESG) debates, investor stewardship is the latest buzzword in comparative corporate governance. What started as a domestic regulatory initiative in the United Kingdom in 2010 morphed into a global phenomenon and eventually reached Indian shores. A stewardship code is essentially a principles-based framework, which aids institutional investors in fulfilling their responsibilities, in terms of protecting and enhancing the value of their clients. A corollary of this, meaningful implementation of the stewardship principles also improves the corporate governance practices of the investee companies – institutional investors are required to actively engage as ‘stewards’ in the corporate governance of their portfolio companies. The Insurance Regulatory and Development Authority of India (IRDAI) floated its stewardship code in 2017 (and revised in 2020) and the Pension Fund Regulatory and Development Authority (PFRDA) followed suit in 2018. Most recently, the stewardship code of the Securities and Exchange Board of India (SEBI) (India’s capital markets regulator) was implemented in July 2020 and the SEBI, through a separate circular dated 5 March 2021, also mandated mutual funds to vote on all resolutions from 1 April 2022 (collectively, the IRDAI, PFRDA and SEBI stewardship codes are referred to as ‘the Indian stewardship codes’). Today, UK-style stewardship codes have been exported to over 20 jurisdictions, and the Indian stewardship codes resonate with the global stewardship movement and the drive towards corporate sustainability and engagement on ESG-related issues. However, while the Indian stewardship codes have made a laudatory start, there is significant scope for improvement, in light of developments in the global stewardship movement. One significant reason why improvements are necessitated is the modelling of the Indian stewardship codes along the lines of the UK code. This modelling has overlooked the differences in cross-jurisdictional shareholding patterns and consequently limited its success – the article explores the structural weaknesses flowing from the transplantation of the UK code to India (a country with a concentrated shareholding pattern).
Jun 02, 2021
While the pandemic disruption has extended for far longer than initially expected, courts (after the first wave), arbitral institutions and stakeholders in commercial dispute resolution have largely continued operations, increasingly supported by innovative digital technology, flexible scheduling and flexible cost structures, among other tools.
Digital health in Brazil during the Covid-19 outbreak
Presented by the Intellectual Property and Entertainment Law Committee, Arts, Cultural Institutions and Heritage Law Committee, Space Law Committee, Media Law Committee, Technology law Committee and Communications Law Committee.
This very dynamic and well-attended session enables you to select from a menu of hot topics in the IP, communications, media and technology sectors and participate in roundtable discussions.
Topics of current interest are selected to stimulate a lively debate. Moderators on each table introduce the table topic and the participants do the rest. Background knowledge or experience within areas for discussion is not required. Our menu will include hot and 'late breaking' topics in the areas of intellectual property law, internet law and mobile technologies, privacy and data protection, technology contracting and dispute resolution, arts law and space law.
Discussion is usually around the interface of law, business and technology, with a global focus. Many topics for discussion are often the subject of considerable public and media interest. In participating in the table topics you will gain a deeper insight into these areas and be able to add your own comments.
The format is interactive networking. The session will provide you with a great opportunity to meet many other lawyers and to discuss topics of mutual interest with them: don't forget your business cards, ecards and contact details to share. We welcome new participants in these discussions.
The following topics will be discussed during the session, with the help of the respective moderators identified for each topic:
1. Hot topics in Privacy and Data Protection
- Processing of underage’s personal data
- Internal investigations conducted by private companies
- Cross-border data transfers
- Cooperation with investigations/criminal procedures initiated by public authorities
- Data Protection Laws - Scope / Exemptions
- Multiple sanctions due to the simultaneous violation of a data protection law and other laws (e.g. consumers; antitrust)
- Overview about sanctions and fines
2. Contracts for Clouds: what’s in the standard terms and what can you negotiate?
- What’s in a typical cloud contract?
- How do AWS, Google, and Microsoft deal with issues like choice of law and forum, liability, service levels, termination, and more?
- Are standard cloud contracts evolving?
- When can customers negotiate with cloud providers?
3. Geospatial Data management – an opportunity for growth
Geospatial information is vital for national development, policy and decision-making, programs and projects, and to achieve sustainable social, environmental and economic development. The main strength of geospatial information is that it provides the integrative platform for all digital data that has a location dimension to it. Collaborative information systems that are comprehensive, coordinated, and integrated, underpinned by geospatial information technologies and applications, are providing the evidence on where people interact with their place, events and activities. With rapid digital transformation of society and economy, issues, challenges and opportunities related to the acquisition, availability, accessibility and application of geospatial information, are common and experienced across various levels of society, government and economy. The need for sound and enabling policy and legal frameworks on geospatial information management to address these issues has become more critical as the acquisition and application of geospatial data become increasingly innovative and creative arising from new and emerging technologies, devices and solutions.
Since 2017, the UN-GGIM Working Group on Policy and Legal Frameworks for Geospatial Information Management, has been actively developing mechanisms to address the complex issues related to geospatial information, including custodianship, authority and authoritative data, open data, personal data, data privacy and confidentiality, data licensing, data security and geospatial data for public good. We will explain how the acquisition, availability, accessibility, and application of geospatial information can be addressed, through a wide array of tools and resources developed with the collaboration of the IBA.
4. 5G Delivery structures
The roll out of 5G will entail large investments for mobile carriers, not just in their having to bid for spectrum allocation but mainly for infrastructure and hardware investments. The high cell density required for the operation of 5G networks also magnifies these concerns. In the wake of fierce market competition and declining revenues per customer, carriers have been innovating how they are approaching 5G infrastructure investments, including for example, entering into infrastructure and services sharing arrangements, along with developing solutions to improve and secure their radio access networks. Join us as we discuss the challenges faced by mobile carriers and novel approaches taken by them in response.
5. Can Legal Tech create increased revenues for law firms?
What are the pitfalls? Best practices from around the globe.
6. Regulating Internet and platforms around the world
Since Apple and Meta (aka Facebook) displaced legacy enterprises and Alphabet (aka Google) declared its victory against Yahoo, regulators waited for the day digital markets would correct themselves. In the meantime, they also had greenlighted some acquisitions and seemed to have regretted clearing some in hindsight. The wait is over, though: regulators recently changed the tack, and competition policy is poised to favour increased interventions towards big tech. Although killer acquisitions and new ex ante competition tools to address the sources of big tech's market power and overcome the barriers to entry are at the centre of the heated discussions, they all come down to fostering innovation. In recent years, regulators have taken bold steps and expanded the scope of innovation theories of harm to justify interventions. Yet there are serious questions concerning whether competition authorities could genuinely grasp the nature of competition in digital markets and, if so, whether they have the foresight to predict the level of innovation in counterfactuals without compromising evidence-based enforcement. This table will get to the bottom of these questions by analysing the sources of innovation in high-tech markets: is big always bad?
7. 2022 Technology and IP Disputes Update
This topic would allow for discussion of the major cases involving technology and IP disputes in different countries including identification of trends in technology disputes and dispute resolution processes.
8. AdTech, Tracking, Cookies and Pixels – thoughts on where things are heading
Tracking devices (whether cookies, pixels or whatever) have been under scrutiny from regulators around the world. In this session we will be looking at the comparative approaches in Latin America, Europe and the US.
9. Patent Litigation Funding – Support to Patent Owners or Patent Troll in Sheep’s Clothing
Table will discuss the growing use of Litigation Funding in IP related litigation matters. Discussion will include experiences with funders and cases supported by them. The group will also explore whether funding provides access to the courts for those without means to enforce their valuable rights or whether it encourages frivolous filings that would not have otherwise been filed or few settlements in the hopes of large returns.
10. The copyright protection over “concept stores” and/or format The idea to attract the customer’s attention using the environment in which the purchasing processes are generated has been spreading over the last years. It does not refer only to the way in which products are presented but also to the general appearance and mood of the shop and to the impact that it has on customers. In this scenario, concept stores are becoming increasingly popular in retail but retailers have had varying degrees of success in protecting the format or layout of their stores. This topic will explore how different jurisdictions and different IP laws can protect concept stores and will consider a hypothetical scenario based on a recent Italian Court of Appeal decision. Participants are encouraged to share their views and experiences from their own jurisdictions in an open discussion about the practicalities of using IP laws to protect the layout of a store, the shape or configuration of different display elements, or the overall look and feel of a concept store.
11. The impact of the Digital Services Act (on intellectual property rights and technology)
The DSA will seek to set standards for accountability in the digital marketplace. Much uncertainty remains about what the practical consequences of the DSA are for e-commerce, and how the balance of interests will play out IP owners see the DSA as a step forward, that gives e-commerce platforms greater responsibility. They believe that although it could have been more ambitious, it is an improvement on the status quo. The tech industry is globally satisfied, insofar as the DSA incorporates the principle that digital service providers are immune from liability for the unlawful content they host, provided they were not aware it was unlawful or acted promptly to remove or to block access to it once made aware. However, this principle is clarified in the DSA, which adds new prohibitions and highly restrictive obligations.
This table topic will be a good opportunity for anticipating and discussing these consequences.
12. Underutilized procedural methods for getting patents allowed in the U.S. and Europe and India
In recent years the U.S. Patent and Trademark Office (USPTO) has introduced procedural programs and reforms that are designed to expedite, simplify or improve examination for applicants. In similar fashion to the USPTO, the European Patent Office and Indian Patent Office have procedural programs that can be used as alternatives to normal patent examination. These programs, when used properly, can help applicants achieve faster favourable outcomes.
13. We are Running Out of Trademarks – Combatting this Problem with New Forms of Trademark Protection
Discussion on how brand owners are protecting their valuable trademark rights when it seems that all trademark options have been exhausted. How do you advise clients and their marketing teams when every mark they consider is unavailable?
Are more Non-Traditional Trademarks (NTMs) – a valuable addition
14. This table will have two rotating topics
a. Space Arbitration
- Available dispute resolution mechanisms (Claims Commission under the Liability Convention; ITU; ESA; national courts; international arbitration)
- The advantages of arbitration
- Need for promotion of the sector-specific arbitration rules
- Arbitration clauses in coordination agreements to ensure arbitrability of violations
- Need for dispute resolution mechanisms for disputes relating to physical collisions
b. Space Debris
Space Debris: the problem – crowding of earth orbit and growth of satellite numbers, formation of debris and the need to solve the problem - ESA and UN solutions
Impact on the long-term use of space.
15. This table will have two rotating topics
a. Fair Use
The development of fair use in the visual arts.
From Tintin to Hopper; The Andy Warhol Estate’s appeal against photographer Lynn Goldsmith, the mandatory inclusion of “Pastiche” as an exception to infringement in the EU Directive (EU) 2019/790 on copyright in the Digital Single Market and more.
b. Antiquities / Foreign State
The second topic concerns the impact of the litigation and now appeal of Turkey’s lawsuit against Christie’s and collector Michael Steinhardt over the so-called “Stargazer” figurine. This lawsuit tests the boundaries of sovereign actors asserting cultural property rights outside their borders but in the civil litigation context.
16. "Fake News!" or Free Speech?
Whether QAnon or Sputnik news, vaccine scaremongering or hate speech, everyone is concerned about the spread misinformation and disinformation online. Are there circumstances where restrictions on speech or bans on specific speakers can be justified? Can such restrictions be reconciled with national or international human rights regimes? Who gets to decide what is fake or real? Members of the Media Law Committee look forward to exploring these topics with you.
IBA Annual Conference Miami 2022
Brazil has been using digital health as a tool to contain the Covid-19 outbreak. The present article comprises a summary of the regulatory highlights related to digital health in Brazil, which were driven by the pandemic scenario, such as: telemedicine, medical prescriptions and medical certificates in digital form; and remote sale and home delivery of medicines subject to special control.
Jurisdictions around the world are seeking to reshape or control the impact of the major tech and social media platforms. In this session, we will examine two regulatory trends and how they may change internet and society. First, there is growing concern about the role and power of algorithms to amplify or minimise content in ways that affect individuals' beliefs, opportunities, and wellbeing. What would it mean to regulate algorithms? Would that entail costs to freedom of expression? What regulatory efforts are underway and how could they reshape the digital landscape? Second, many jurisdictions have moved to force digital platforms like Google and Facebook to compensate news organisations for the use of their content. Why are platforms being asked to compensate news organisations? How have the platforms responded? And what impact will such efforts have?
IBA Annual Conference Miami 2022
May 18, 2021
The International Bar Association’s Human Rights Institute (IBAHRI) condemns the killing of dozens of schoolgirls in West Kabul, Afghanistan, by targeted explosive blasts and calls on the Afghan government to provide better protection for girls and women.
This very dynamic and well-attended session enables you to select from a menu of hot topics in intellectual property, communication, media and technology sectors and participate in roundtable discussions. Topics of current interest are selected to stimulate a lively debate. Moderators on each table introduce the table topic and the participants do the rest. Background knowledge or experience within areas for discussion is not required. Our menu will include hot and "late-breaking" topics in the areas of intellectual property law, internet law and mobile technology, privacy and data protection, technology contracting and dispute resolution, arts law, media and space law. Discussion is usually around the interface of law, business, technology and culture, with a global focus. Many topics for discussion are often the subject of considerable public and media interest. In participating in the table topics, you will gain a deeper insight into these areas and be able to add your own comments. The format of the session is interactive networking. It will provide you with a great opportunity to meet many other lawyers and to discuss topics of mutual interest with them: please, do not forget your business cards and e-cards.
1. Moral rights
‘Who’s afraid of droit moral?' Paris might be the birthplace of the moral rights of the author enjoying copyright protection but the concept is worldwide and enshrined in the Berne Convention. In some anglo-saxon jurisdictions a complete waiver of moral rights is sought. The panel will discuss the effect of such waivers, with specific focus on contracts in the entertainment and software industry.
2. Distinct politics – politicians using music, names signs and logos
Political parties and politicians also need to distinguish themselves by using names, signs, music and slogans, the panel will address how the IP law and public policies ruling the political campaigns are coherent or increases the chances of conflicts of laws and whether or not the actual conflicts could be solved?
3. Generative AI
Generative AI systems pose intriguing questions to society and law. According to ChatGPT the current legal issues “include intellectual property rights, liability for AI-generated content, data privacy and security, transparency and explainability of AI systems, and ethical considerations such as bias and discrimination. Additionally, there are ongoing discussions around whether AI-generated works should be eligible for copyright protection and who should be held responsible for any potential harm caused by AI systems.” At the round table these topics, and especially copyright, data privacy and (product) liability, will be discussed.
4. Emerging technologies and AI in healthcare and life sciences – IP, legal and ethical consequences
To discuss the legal, IP, regulatory and ethical implications and consequences arising out of the use of generative AI tools in the healthcare and life sciences areas. Generative AI is evolving rapidly with the release of ChatGPT, Bard, Claude, etc. As exciting as this technology sounds in terms of the endless opportunities, it poses a number of challenges, especially in the area of medicine, healthcare, life sciences and ownership of IP rights. This roundtable proposes to discuss all these aspects and more.
5. The Importance of IP in the protection of traditional Knowledge and cultural expressions
Traditional knowledge (TK) refers to the accumulated knowledge, innovations, and practices developed and preserved by indigenous communities and local cultures over generations.
Traditional cultural expressions (TCEs) are the manifestations of traditional knowledge, folklore, and cultural heritage that are deeply rooted in the cultural and social identities of indigenous communities and traditional societies.
Genetic Resources instead refers to material found in plants, animals, and microorganisms that possess genetic information of potential value.
This session will focus on the intersection between Intellectual Property (IP), Traditional Knowledge, and Traditional Cultural Expressions (TCEs) Participants are invited to share and exchange views on these issues including the protection of traditional medicine, appellations of origin, geographical indications and collective marks.
6. AI and the law: navigating the legal landscape of artificial intelligence with a media focus
There are several legal issues that arise from the use of artificial intelligence (AI), including:
- Liability: One of the main legal issues with AI is who is responsible if an AI system causes harm. Should it be the designer or developer of the AI system, the owner of the system, or the user of the system?
- Intellectual Property: AI can create new inventions and works of art that may raise questions about who owns the intellectual property rights. For example, who owns the copyright to a song written by an AI system?
- Privacy: AI systems can collect and process vast amounts of personal data, which raises questions about data protection and privacy.
- Discrimination: There is a risk that AI systems can reinforce existing biases and discrimination in society. This raises questions about how to ensure that AI is developed and used in a fair and non-discriminatory manner.
- Regulation: The rapid pace of technological change in the AI field means that existing regulations may not be adequate. This raises questions about how to regulate AI in a way that promotes innovation while also protecting public safety and other important values.
7. Recent developments in space law
- On tourism in space.
- Ethics in space.
- Debris mitigation.
Special areas:
- Dispute resolution.
- Arbitration for space law.
- Space areas for dispute – ideas of solving them.
8. Copying anterior art work(s)
- Comment on the Warhol US Supreme court ruling and other jurisdictions rules.
What is a fake in art (and law)?
- A new law is currently discussed in France and other jurisdictions rules.
9. Open banking
At the crossroads of technology and financial regulation, open banking promises to change the way we interact with money, helping consumers gain better control and financial freedom through more flexible financial services powered by technological innovation.
Open banking, as a set of technologies, provides a method for an authorized party (like a fintech) to access a customer’s financial information (like its bank account) in the same way that the authorizing customer can, whether it is by looking at the information, or initiating payments on behalf of the customer.
The way in which countries have dealt with the regulatory challenges of this fast-changing environment is vastly different, and the success of any legal design over another to support the growth of this market while fostering financial inclusion and protecting consumers privacy is still yet to be determined.
This roundtable seeks to discuss:
- What is open banking.
- Regulatory driven and industry driven approaches to open banking.
- Evolution from open banking to open finance to open data.
- New capabilities of APIs, beyond payments.
- Points to consider when advising FinTech companies in the open banking sector.
- Privacy challenges on the implementation of an open banking environment.
10. Learning to be lawful: Understanding Competition Law in an Algorithmic Era
Implications of algorithms in terms of competition liability and the use of more advanced (i.e. machine learning) algorithms have been heavily debated since the publication of the final report on the E-commerce sector inquiry in May 2017 in the EU. Although the topic has been popular among scholars, there have been a scarcity of case law since then. However it seems that competition authorities have started picking up on harms to competition (and consumers) arising from algorithmic systems again. For example, in the paper that was published in 2021, the Competition Market Authority (UK) (CMA) reminded that they will 'monitor developments in the application of machine learning … to ensure that they do not lead to anti-competitive behaviour or consumer detriment' as part of the new ex-ante regime for digital markets. Recently the Korea Fair Trade Commission (KFTC) also decided that the technology platforms, Naver and Kakao, engaged in an unlawful algorithm manipulation. In these cases the KFTC have also tested their abilities to detect and prove anticompetitive effects of algorithms.
Some of the issues we propose to discuss:
- The role of algorithms in anti-competitive practices (e.g. algorithmic collusion, exclusionary practices) and the main legal questions they pose for practitioners (e.g. liability).
- The reasons of why there have been only a few cases on anticompetitive use of algorithms and whether KFTC's decisions can potentially turn the tide.
- Advising clients on mitigation of risk associated with the use of algorithms.
11. AI and data privacy / sports and e-sports data
This round table would look at the treatment of personal data in the context of sports and e-sports, focussing on Project Red Card and claims that data companies are using players' personal data without the right to do so. Speakers from the UK and one other jurisdiction (possibly North American) will outline arguments for and against the rights of players – and the interests of data, betting and gaming and e-sports companies. With sports data at the core of huge business valuations, might data rights (rather than IP rights in databases) be the next battlefield?
Advising clients on mitigation of risk associated with the use of algorithms.
12. Auditing AI - How to address the risks of bias and discrimination in your AI tools
As AI becomes more sophisticated, companies are increasingly relying on it to power everything from enterprise systems to marketing campaigns. However, several companies have been burned by AI products that have been released into the public and later demonstrated bias or discriminatory results (who remembers Microsoft’s Twitter chatbot?). In addition to the potential for legal liability, AI bias can also result in brand and reputational damage. To stay ahead of these issues, companies should be implementing programs to audit the use of AI in their tools. In this roundtable, we will discuss the regulations and guidelines we can leverage to create frameworks for auditing AI, the key stakeholders who should have a role in the process, and the checkpoints and checklists that companies are leveraging to help their teams understand how to identify and address these risks.
13. Global tech legal showdown
This session will look at the trends in global technology disputes with regional expert commentary into current litigation in UK, EU, US, Australia and Asia (Latam could also be included). The session will also provide some useful legal and practical insights for non-litigators –commercial tech lawyers on how to minimize the risk of their tech agreements being subjected to regulatory or court scrutiny.
14. Transactions in the Metaverse
- Same as in a “traditional” Internet environment?
- How to best protect “ownership”.
- Use of NFTs.
Participant to the roundtable may expect to get a better understanding of the differences between transactions in the Metaverse and traditional transactions, including under the legal, operational and commercial angles. Also, the question of forum shopping is of a renewed acute nature, since transactions in the Metaverse are likely to see various Courts, in various countries, rule that they have jurisdiction over these cases, which is likely to lead to new difficulties. Participants will discuss how to tackle these aspects, after having also laid out the various use cases of NFTs.
By engaging with experts and discussing these issues with other participants, they will be able to identify potential solutions to these challenges and gain a better understanding of how to navigate them. Overall, the roundtable provides an opportunity for participants to deepen their knowledge of the metaverse and NFTs from a legal and operational perspective, learn about best practices, and network with other professionals in the field.
15. Digital market act and digital service act: a blueprint for global digital regulation
This table will discuss new EU legislation that has been adopted, and that is still in proposal stage, as part of the EU Digital Single Market and Digital Decade strategies, with an emphasis not only on risks but also opportunities, and the challenges presented to in-house lawyers. Laws discussed would include the DSA, DMA and AI Act, but also lesser-known laws like the Platform Work Directive and the proposals regarding product liability.
16. Low Earth orbit satellite services to rule the world?
LEO satellite constellations have the potential to provide connectivity in geographic areas which are hard to reach with fixed and terrestrial mobile infrastructure and also to provide services in jurisdictions with limited infrastructure. However, the operators of satellite constellations potentially face numerous legal challenges before they could be seen as significant competitors to terrestrial telecommunications infrastructure providers. Satellite constellations are subject to complex spectrum allocation, filing and coordination proceedings at international level and, subsequently, also to national spectrum assignment proceedings in order to become operational and enter the market. National security and cyber security risks, as well as potential requirements to comply with existing telecommunications infrastructure regulation, are also issues to be considered by LEO satellite operators and service providers.
IBA Annual Conference Paris 2023
May 28, 2024
Pakistan's telecommunications business has expanded significantly in recent years, spurred by rising demand for low-cost cellular services. The spread of mobile and broadband networks, as well as government attempts to improve infrastructure and promote competition, have all played important roles in this development. The sector's rise was notably pronounced during and after the Covid-19 pandemic, which considerably increased e-commerce and as a result, demand for connectivity. Despite these developments, the industry continues to face policy-based and operational hurdles which have hampered increased investment.
This very dynamic and well-attended session enables you to select from a menu of hot topics in the IP, communications, media and technology sectors and participate in roundtable discussions.
Topics of current interest are selected to stimulate a lively debate. Moderators on each table introduce the table topic and the participants do the rest. Background knowledge or experience within areas for discussion is not required. Our menu will include hot and 'late breaking' topics in the areas of intellectual property law, internet law and mobile technologies, privacy and data protection, technology contracting and dispute resolution, arts law, media and space law.
Discussion is usually around the interface of law, business, technology and culture, with a global focus. Many topics for discussion are often the subject of considerable public and media interest. In participating in the table topics you will gain a deeper insight into these areas and be able to add your own comments.
The format is interactive networking. The session will provide you with a great opportunity to meet many other lawyers and to discuss topics of mutual interest with them: don't forget your business cards, ecards and contact details to share. We welcome new participants in these discussions.
The following topics will be discussed during the session, with the help of the respective moderators identified for each topic:
1. UPC - A review of the UPC one year on
The first year of the unified patent court has passed and we would like to take the opportunity to discuss some key takeaways and future developments.
Christophe Ronse
Hannah Tillus
Intellectual Property and Entertainment Law Committee
_ _ _ _
2. Don’t mind the AI behind the curtain
Patent inventorship and disclosure issues. We know AI cannot be an inventor for patent purposes, but what is required when there is an AI assist.
Jeff Costelia
Deepa Tiku
Amrish Tiwari
Intellectual Property and Entertainment Law Committee
_ _ _ _
3.What is all this stuff? When did AI become my personal shopper?
A discussion on the effects AI will have on brands and consumer interactions with them.
Rebecca McDougall
Chris Jordan
Intellectual Property and Entertainment Law Committee
_ _ _ _
4. Personality as a Brand
Trademarking the name or likeness of a person. (e.g. image & publicity rights). Is it time for image rights?
Gloria Niembro
Alfred Meijboom
Andrea Fierros
Intellectual Property and Entertainment Law Committee
_ _ _ _
5. New EU regulation for non-agri geographical indications
(worldwide approaches towards GIs for non-agricultural products)
Sarah Drukarch
Ruben Hofmann
Intellectual Property and Entertainment Law Committee
_ _ _ _
6. AI and copyright: (un)fair use?
AI relies on the use of copyrighted works as a resource. Is this a copyright infringement? Do copyright exceptions apply? Does it make sense that the EU regulates AI on the basis of market access? Do the views in the US on fair use change as the AI market changes? What are the perspectives in other territories.
Simone Lahorgue
Herman Croux
Gregor Bühler
Intellectual Property and Entertainment Law Committee
_ _ _ _
7. Navigating the Evolving Landscape of Cyber Security Regulations
In today's digital landscape, organisations face significant challenges in ensuring system and data security due to increasingly sophisticated cyber threats. Regulatory bodies have responded with frameworks like the EU's NIS 2 Directive and the Digital Operational Resilience Act (DORA), which expand the scope of covered entities and impose stringent security requirements. These regulations emphasise management's role in cybersecurity decision-making and necessitate proactive risk management, incident response, and reporting. This session will explore the key provisions of these regulations, best practices for compliance, and the evolving regulatory landscape to enhance organisational resilience against cyber threats.
Søren Skibsted
Joost Schmaal
Technology Law Committee
_ _ _ _
8. Hot topics in Tech M&A
This round table would include the discussion of current trends in M&A transactions in the technology sector. These transactions, which have been predominant during recent years, present changing standards relating to issues such as reps and warranties and their insurance, the use of AI, managing data and geographical differences.
Yuval Horn
Alethea Au
Technology Law Committee
_ _ _ _
9. AI Tables
(a) AI Governance – developing and using AI
This round table discussion will focus on AI governance under the EU AI Act. We will explore effective strategies for managing AI governance projects, including collaboration with clients and sharing best practices. The co-moderators will discuss challenges with regard to qualifying software as AI (AIS) or General Purpose AI models (GPAIM) under to the AI Act, classifying the risk levels of AI systems and identifying clients' roles as addressees of the AI Act . This session aims to share practical approaches and to exchange different AI legislation or ways of dealing with AI between the participants in the countries in which they operate.
Marlene Schreiber
Elizabeth Vestin
Elisa Henry
(b) Legal obligations applicable to AI developers, distributors and deployers
While recent legislation in the field of AI (particularly, the European AI Act) is focused at a great extent on so-called high risk AI systems, there exist a number of general legal duties which will be deemed applicable to any such system. Indeed, obligations related to transparency, explainability of decisions or human supervision will apply to any type of AI tool. Apart from those obligations, other ones deriving from different legal areas (such as personal data protection) shall also apply. The goal for this table would be letting attendants understand the minimum legal duties that any developer, distributor or deployer of AI systems must fulfill, regardless of its actual risk-qualification, and the best way to implement the corresponding measures. This would be done on a compared basis, taking into account different legal frameworks dealing with this type of technology.
Albert Agustinoy
Larissa Galimberti
Gustavo Giay
Technology Law Committee
_ _ _ _
10. A Transatlantic Dialogue: Legal Approaches to Automated Decision-Making
As automated decision-making continues to permeate industries like finance, healthcare, and public administration, understanding the legal implications becomes crucial for professionals navigating this space. Participants will gain insights into the requirements in Europe, including GDPR’s right to explanation and the risk-based regulatory proposals and the AI Act’s comprehensive approach to regulating AI systems; alongside the U.S.’s sector-specific approach and its emphasis on anti-discrimination measures. This roundtable will also compare relevant case law and the underlying reasons between the approaches to policymaking on automated decisions in the US, Europe, and other regions; how best to balance innovation with consumer protection, ensure ethical compliance, and potentially harmonise standards across jurisdictions.
Paulina Silva
Jessica Lee
Erik Valgaeren
Technology Law Committee
_ _ _ _
11. How to stay compliant with ever-changing AI-related competition rules
AI is transforming markets (including the market for AI foundation models) and regulators are trying to react them as quickly as possible. In this dynamic environment, it may be difficult for businesses to stay on top all the changes and ensure that they are on the right side of the rules. This roundtable aims to discuss regulators’ responses to AI in the context of the EU’s Digital Markets Act (DMA) and the UK’s Digital Markets, Competition and Consumer Bill (DMCC). We will also look at the US approach and discuss how divergences between jurisdictions might affect cross-border businesses.
Nazli Cansin Karga
Anne Vallery
Sam Feder
Guilherme Ribas
Technology Law Committee
Communications Law Committee
_ _ _ _
12. AI & Health
This table will explore the capabilities of AI-powered virtual assistants in providing health advice, reminding patients about medications, and remotely monitoring health conditions. This session will also address the challenges and solutions related to securing sensitive health data when using these AI systems, including data encryption and anonymisation techniques.
Doil Son
Paul Johns
Özge Atılgan Karakulak
Technology Law Committee
Intellectual Property and Entertainment Law Committee
_ _ _ _
13. Navigating Free Expression, Responsibility, and Cultural Sensitivity in Social Media and Technology
The digital landscape, while promoting free expression, poses challenges in balancing this freedom with responsibility, especially regarding cultural and ethical considerations. Section 230(c)(1) of the Communications Decency Act grants immunity to digital publishers, but issues arise when content moderation intersects with cultural sensitivity and protecting communities. This session will explore the dynamics of free speech, cultural sensitivity, and platform responsibility, including Section 230(c)(1)'s implications, case studies like Twitter[X]'s refusal to remove sensitive content, and the role of technologies like generative AI in content moderation.
Katarina Klaric
Florencia Rosati
Lynda Zadra-Symes
Technology Law Committee
Intellectual Property and Entertainment Law Committee
_ _ _ _
14. Deglobalisation and its impact on the communication sector
This roundtable will look at growing FDI regimes, bans, security restrictions, etc. in a global context.
Laurent De Muyter
Kensuke Inoue
Laurence Bary
Nana Adjoa Adobea Asante
Communications Law Committee
_ _ _ _
15. Improving global connectivity
This roundtable will look at new Technology (LEO, fiber, 6G etc.), legal/regulatory restrictions to data flows, and digital cooperation, in the context of the compute power revolution (Gen AI, Cloud computing, etc.).
Pascal Dutru
Innocenzo Genna
Nana Adjoa Adobea Asante
Communications Law Committee
_ _ _ _
16. Hot topics in Art Law
The Vitruvian Man: Renaissance of Leonardo da Vinci’s copyright. Should museums use their collections as assets or share knowledge, in the spirit of enlightenment?
Steven Schindler
Restitution: Comment on the European court of human rights holding Italy is the rightful owner of Getty Museum bronze statue.
Xi Minjie
Art, Cultural Institutions and Heritage Law Committee
_ _ _ _
17. Parallels between TV formats and AI-created content
If it is not copyrightable, can we still monetise it, and how?
Elizabeth Morley
Rajesh Sreenivasan
Media Law Committee
_ _ _ _
18. Hot topics in Space Law
Sustainability of space activities – current and future.
Luca Laboni
Nana Adjoa Adobea Asante
Updates on Domestic space law, commercial rights for Space entrepreneurs, LEO and applications.
Laura Zielinski
Grace Nacimiento
Bob Calmes
Peaceful uses of space (military implications, defense/security issues).
Kevin Pomfret
Salvador Rodríguez Artacho
Power sources – micro nuclear reactors designed for space activity – mining on the moon.
Paul Monaghan
John Caruso
Space Law Committee
IBA Annual Conference Mexico City 2024
Green is gold: can waste be transferred to energy? A perspective on new energy laws in China- July 2020
In a time marked by unprecedented advancements in artificial intelligence (AI), organisations are increasingly harnessing its power into their operations to drive innovation and gain competitive advantages. At the same time, the responsible use of AI is essential to ensuring that its obvious benefits do not come at the expense of fairness, privacy or collective well-being, and ensuring that regulatory requirements are met.
This panel will explore the role of governance (regulatory challenges and creation of acceptable use policies) in guiding organisations’ AI strategies, promoting fair AI practices and mitigating potential regulatory risks and challenges. The panel will also address some of the different approaches to regulation being adopted internationally.
Discussion areas will include:
• Regulations governing AI: challenges that businesses may face with assessing and complying with regulatory frameworks around their use of AI programs.
• Ethical, practical and legal considerations on AI use in organisations: algorithm bias, privacy, confidentiality, impact on employment and how to address these challenges through an acceptable use policy (AUP).
• The importance of employee training in promoting responsible AI use and putting into practice an AUP.
• AI risk assessments.
• Intellectual property (IP) in generative AI.
IBA Annual Conference Mexico City 2024
IBA Global Insight April/May 2016 - With the Paris Agreement on climate change relying on governments voluntarily taking measures to cut emissions, there’s a growing body of opinion that it could lead to increased citizen action – and litigation for inaction.
This very dynamic and well-attended session enables you to select from a menu of hot topics in the IP, communications, media and technology sectors and participate in roundtable discussions.
Topics of current interest are selected to stimulate a lively debate. Moderators on each table introduce the table topic, and the participants do the rest. Background knowledge or experience within areas for discussion is not required. Our menu will include hot and 'late breaking' topics in the areas of intellectual property law, internet law and mobile technologies, privacy and data protection, technology contracting and dispute resolution, arts law, media and space law.
Discussion is usually around the interface of law, business, technology and culture, with a global focus. Many topics for discussion are often the subject of considerable public and media interest. In participating in the table topics you will gain a deeper insight into these areas and be able to add your own comments.
The format is interactive networking. The session will provide you with a great opportunity to meet many other lawyers and to discuss topics of mutual interest with them: don't forget your business cards, ecards and contact details to share. We welcome new participants in these discussions.
Rotations
We will start with a brief introduction and have 3 rotations of 45 minutes each, with a break of 5 minutes between each rotation for people to wrap up discussions.
Session Co-Chairs: Eileen O’Gorman, Elisa Henry
The following topics will be discussed during the session, with the help of the respective moderators identified for each topic:
Topic 1:
The battle of IP
Which IP right - trademark, patent, copyright or design - gives you the best licensing play?
Table moderators: Sebastien Heim, Kelley Loo
Topic 2:
Look-alike products: are brand owners making a comeback?
This topic will cover some recent cases in several jurisdictions, including the recent UK cases of Thatcher’s v Aldi, Marks & Spencer v Aldi, the Australian case of Hampden v Aldi, and the US case of Lululemon v Costco, where brand owners have successfully used IP rights to stop look-alike and dupe products.
Table moderators: Hanna Tilus, Andrew Lustigman, Rebecca Dunn
Topic 3:
Geopolitical tensions and IP: from sanctions to technology transfer controls
A discussion on how trade restrictions, sanctions, and national security concerns impact IP strategy, licensing, and cross-border enforcement worldwide.
Table moderators: Sarah Drukarch, Jeffrey L Costellia, James Buchan
Topic 4:
Litigation funds in IP-contentious landscapes
High stakes patent litigation is particularly expensive, even when compared to other types of IP litigation. These cases rely heavily on expert evidence, which adds significant expense to legal fees. This is particularly true in the Anglo-Saxon jurisdictions, where recent data suggests that one-third of patent litigations are funded through third-party financing. Third-party financing will likely become more popular for patent litigation in Europe as well, given the expense of litigating UPC cases and the potential for jackpots arising out of pan-European damages assessments. It is increasingly popular for certain types of copyrights cases and could be of interest in class-action suits.
The experienced moderators will explore the status and prevalence of IP litigation financing in different jurisdictions, drawing on the experience of the participants who will share their experiences and insights. We will address ethical issues for lawyers, the impact financing can have on discovery, and whether it can affect valuations of patents by the courts, the impact it can have on determining who the true party with an interest in the litigation is, witness bias issues and regulatory frameworks, potential for abuse, among many other issues.
Table moderators: Francesca Ferrero, Bob Sotiriadis, Eduardo Arana Ramirez
Topic 5:
Jurisdiction without borders - cross-border IP litigation. Examining the long arm of European courts - the Electrolux effect
In this topic we will discuss the evolving reach of European courts in cross-border disputes, with a focus on recent long-arm jurisdiction rulings such as the Electrolux case and their implications for global litigants.
Table moderators: Özge Atılgan Karakulak, Ping Gu, Daniela De Pasquale
Topic 6:
The future of lawyering: AI, innovation, and being human
The future of the legal profession isn’t just about AI, it’s about everything changing around it. From the rise of legal automation to shifting client demands, new service models, regulatory reforms, and the increasing importance of lawyer well-being, lawyering is being redefined from every angle.
This roundtable seeks to bring together lawyers across practice areas to discuss how we adapt to new tools, but also how we rethink our role as trusted advisors, ethical actors, and strategic thinkers in a constantly evolving world. What skills will tomorrow’s lawyers need? How do we deliver value in new ways? And how do we stay true to the core of our profession—even as everything around us changes?
Table moderators: Paulina Silva, Stefan Weidert
Topic 7:
Weaponising AI: legal challenges in defence and human rights protection
As defence sectors increasingly adopt artificial intelligence for surveillance, autonomous systems, and combat operations, legal frameworks are struggling to keep pace. This panel examines the critical legal questions surrounding the weaponisation of AI, including compliance with international humanitarian law, state responsibility for autonomous actions, and the protection of fundamental human rights during armed conflict. Legal experts will discuss the accountability in AI-enabled warfare, the challenges of enforcing human oversight, and the urgent need for frameworks and treaties to regulate emerging military technologies.
Table moderators: Doil Son, Nazar Chernyavsky
Topic 8:
Training and using gen-AI Models: intersections between the AI Act, intellectual property rights, and personal data protection
This table will discuss how the AI Act mandates transparency in AI systems, the potential for AI to be used in creating counterfeit products, and the risks of personal data breaches associated with AI technologies. The session aims to provide insights into the legal and regulatory challenges posed by these issues and offer strategies for mitigating associated risks.
Table moderators: Raphael Dana, Alexandra Neri, Simone Lahorgue Nunes
Topic 9:
Two-in-one: unlocking AI compliance through existing laws
In this roundtable, we'll explore internal compliance policies which regulate the use of AI. We will discuss how non-AI-specific laws, like data protection, cybersecurity, or medical device legislation can be leveraged to address AI Act compliance and broader AI use issues. By identifying synergies between existing risk assessments (e.g., DPIAs, cybersecurity, or medical device evaluations) and AI Act requirements, we'll demonstrate how to streamline compliance and deliver business value.
Table moderators: Yuval Horn, Elisabeth Vestin, Hannah Mugler
Topic 10:
EU Data Act – user rights to machine data
The EU Data Act marks a paradigm shift in how data from connected products and machines is handled. Starting in September 2025, all data generated during the use of a connected product, whether personal or non-personal, will belong to the user. OEMs will no longer have unrestricted access to this data. Instead, they must obtain explicit permission from users, typically in the form of a data-sharing agreement. This is not another data protection law. The Data Act aims to unlock the value of machine-generated data as a non-rivalrous asset, promoting innovation, competition, and the development of new business models. It is particularly aimed at the B2B-sector.
Topics for discussion:
- How can OEMs adapt to the new legal landscape?
- What new business models could emerge under the Data Act?
- How can users exercise their new rights to access data?
- Cloud switching made easy – what are the new rules?
Table moderators: Martin Schirmbacher, Marc Hilber
Topic 11:
Label me maybe: making AI transparent (and comply with disparate laws)
From Brussels to DC to Beijing, 'transparency' is the buzzword in AI land, but what actually has to be revealed, to whom, and when? Our round table slices through the noise to map the hard-law duties (EU AI Act, DSA, GDPR) against the US patchwork (FTC Act §5, sectoral rules, state laws) and China’s content rules for deep synthesis and generative AI. We’ll compare what’s mandated, what’s merely 'best practice', and where disclosure collides with trade secrets and IP.
We’ll stress-test content labeling: when it’s required (think EU AI Act deepfakes) and when it backfires: label fatigue, spoofable watermarks, false positives that chill speech or defame creators. We’ll also look beyond labels to provenance metadata (C2PA-style), risk documentation, model/deployment notices, audit logs, and researcher access, i.e., the pieces that actually raise trust and stand up in court.
Bring your “but what if…” scenarios. We’ll walk through thorny use cases and we’ll also cover litigation angles: substantiating AI claims, avoiding deceptive marketing, and preparing for evidence requests and algorithmic audits.
If other sessions debate AI in the abstract, ours is the how-to (and how-not-to) of lawful transparency. You’ll leave with a crisp checklist aligned to the key instruments—EU: AI Act (incl. Art. 50), DSA, GDPR Arts. 13–15 & 22; US: FTC Act §5 guidance + sectoral/state rules; China: Deep Synthesis Provisions & Generative AI Measures—and a pragmatic view on when to label, when to log, and when to lawyer up.
Table moderators: Florencia Rosati, Erik Valgaeren, Sharon R. Klein
Topic 12:
Platform vs sovereign states: who’s the boss for communications infrastructure?
The roundtable will delve into the intricate relationship between digital platforms and sovereign states regarding the control over infrastructure, access to data, and data and services location. We will explore the power dynamics at play, considering how platforms and service providers sometimes overshadow governmental control. Likewise, implications for national security and economic independence will be a focal point.
Additionally, the conversation will touch upon the role of international cooperation, such as agreements between countries to regulate digital platforms collectively, and the potential for conflicts in jurisdiction, evidenced by disputes over data localisation laws.
Lastly, we will consider how emerging technologies might shift this balance in the future. For instance, the advent of decentralised technologies like blockchain and the rise of artificial intelligence will redefine power dynamics, offering new avenues for both platforms and sovereign states to assert control over infrastructure and services.
Table moderators: Pascal Dutru, Christopher Millard, Kensuke Inoue
Topic 13:
What works best? Different approaches to regulating digital platforms across the globe
This roundtable will discuss the different approaches to regulating digital platforms that have been taken in different jurisdictions around the world. Topics will focus on whether sector specific regulation such as the EU’s Digital Markets Act (DMA) is necessary and whether it has the intended effects, or whether other laws, such as existing competition and consumer protection laws, are adequate to address market failures or consumer harms. Another area for debate will be whether regulatory focus should be on areas such as AI or the protection of minors, and how digital platforms regulation, if required at all, may be future proofed to address rapidly evolving technologies.
Table moderators: Innocenzo Genna, Violetta Kunze, Angela Flannery
Topic 14:
Mission: impossible – regulating truth without censorship
The topic will explore the legal tools used by countries use to regulate truth-telling in the media as well as the line to be drawn between demanding reliable and responsible reporting of the news and imposing censorship.
Table moderators: Gaurav G. Arora, Robert Balin, Dr. Anna Beke-Martos, Rajesh Sreenivasan
Topic 15:
The use of AI in art authentication and art appraisals
This table will discuss copyright protection of art created with AI.
Table moderators: Amelia Brankov, Massimo Sterpi
Topic 16:
IP rights in space / The use of AI in space / Militarisation of space
PENDING DESCRIPTION
Table moderators: Nana Adjoa Adobea Asante, Luca Iaboni, Paul Monaghan
IBA Annual Conference Toronto 2025
In spring 2018, the International Bar Association's Human Rights Institute (IBAHRI) and the Anti-Torture Initiative (ATI) reached the milestone of conducting tailored programmes in all five regions of Brazil on torture prevention and implementing the Istanbul Protocol. The IBAHRI has worked in Brazil since 2010 to support the country in its commitment to eradicate torture as part of its obligations under international law
Can new legislation around the globe assist to prevent the spread of information intended to deceive, or will traditional enforcement mechanisms hold sway in preventing dissemination of hate speech, fake news and propaganda, facilitation of counterfeit and stolen goods and objects of art, as well as infringement of Internet Protocol (IP) through the use of Artificial intelligence (AI).
This panel will look at the following issues:
- Does regulation combat misinformation, or encourage censorship;
- What mechanisms are in place to prevent altered or falsified satellite images;
- How can actors and artists prevent infringement of their images and IP rights through the use of AI?
- And what can be done to prevent the infringement of trademark rights or unfair competition through false association between brands and entities?
IBA Annual Conference Toronto 2025
Jan 13, 2017
COMUNICADO À IMPRENSA: sexta-feira, 13 de janeiro de 2017. Diante das rebeliões ocorridas em presídios de Manaus e Roraima no Brasil, os quais resultaram na morte de cerca de 100 pessoas e na fuga de diversos presos, o Instituto de Direitos Humanos da International Bar Association (IBAHRI), exorta as profissões jurídicas do país a trabalharem com urgência pela melhoria das condições das prisões e pela criação de ambientes nos quais os direitos humanos dos presos e servidores do sistema prisional sejam respe
This very dynamic and well-attended session enables you to select from a menu of hot topics in the Intellectual Property (IP), communications, media and technology sectors and participate in roundtable discussions.
Topics of current interest are selected to stimulate a lively debate. Moderators on each table introduce the table topic, and the participants do the rest. Background knowledge or experience within areas for discussion is not required. Our menu will include hot and 'late breaking' topics in the areas of intellectual property law, internet law and mobile technologies, privacy and data protection, technology contracting and dispute resolution, arts law, media and space law.
Discussion is usually around the interface of law, business, technology and culture, with a global focus. Many topics for discussion are often the subject of considerable public and media interest. In participating in the table topics you will gain a deeper insight into these areas and be able to add your own comments.
The format is interactive networking. The session will provide you with a great opportunity to meet many other lawyers and to discuss topics of mutual interest with them: don't forget your business cards, ecards and contact details to share. We welcome new participants in these discussions.
IBA Annual Conference Copenhagen 2026
Nov 24, 2021
Article 5A of Law 4172/2013, which applies from the 2020 tax year onwards, states that an individual who transfers their tax residence to Greece using the new procedure outlined in this article can be subject to an alternative method of taxation for income generated abroad.
AI is transforming how corporations approach environmental, social and governance (ESG) goals – from automating carbon accounting and improving supply chain traceability to detecting human rights risks and enhancing reporting accuracy.
Yet this promise comes at a price. AI models are energy-intensive, often opaque and may embed social bias or create new accountability gaps. While some organisations use AI to genuinely strengthen ESG performance, others risk engaging in 'AI-washing', leveraging AI narratives without delivering measurable impact.
This session will explore how global companies and their legal advisers can balance innovation with responsibility, understanding both the opportunities and the hidden costs of deploying AI within ESG frameworks.
The panel will also discuss the intersection of responsible AI frameworks and ESG regulations across regions and jurisdictions within the context of the ICT sector and the transformative role that the sixth generation of mobile communication systems (6G), which are envisioned as AI-native network systems, are expected to play in the future. In particular, the discussion will consider initiatives such as the European Union’s forthcoming Code of Conduct for Sustainable Telecommunications Networks, the UK Regulatory Outlook on ESG and Telecoms, and other emerging sustainability standards and indicators.
Key discussion points include:
- Where AI genuinely enhances ESG performance, and where it merely serves as “AI-washing.”;
- The environmental footprint of AI (energy, water, and resource use) and its inclusion in ESG metrics;
- Governance and liability: who is responsible for AI-driven ESG decisions and outcomes?;
- The emerging regulatory landscape: from the EU AI Act to global sustainability reporting standards, and how they intersect;
- Practical guidance for lawyers on structuring responsible AI governance within corporate ESG strategies;
- Combining Artificial Intelligence and geographical indications to promote sustainability;
- How can the IP System foster the use of AI in sustainable innovation?;
- IP protection for AI-driven ESG solutions (algorithms, models, data, and outputs);
- Encouraging green innovation through AI while preserving IP rights;
- How IP laws can prevent misleading AI washing and ESG claims;
- How patent systems and IP incentives can promote sustainable AI design and responsible innovation;
- AI in space used for ESG purposes on earth and in space;
- A discussion of how 6G is envisioned as an AI-native network, where AI is embedded as a foundational and pervasive component rather than an auxiliary optimisation tool;
- And an exploration of how, by incorporating AI-driven mechanisms for energy management, resource allocation, and data governance, 6G directly supports Environmental, Social, and Governance (ESG) objectives: reducing carbon emissions, promoting digital inclusion, and ensuring transparency and accountability in automated processes
IBA Annual Conference Copenhagen 2026
Sep 22, 2020
For months, Saudi columnists agreed that a bid by their country’s sovereign wealth fund, the Saudi Public Investment Fund (PIF), to buy Newcastle United, an English Premier League football team, was a big win, a safe investment, a visionary decision by ‘the leadership’. For the Saudi media, their initial confidence came to a halt in late July when PIF lost patience waiting for the Premier League to complete its vetting process and withdrew the offer.

Dec 20, 2023
The rise of digital technologies, notably e-commerce and algorithms, has brought increased attention to competitive challenges. Consequently, competition authorities across different jurisdictions have embarked on the task of developing policies to address these potential competition issues. In line with this collective effort to establish a regulatory framework, the Taiwan Fair Trade Commission (TFTC) released the White Paper on Competition Policy in the Digital Economy on 20 December 2022 (‘the White Paper’). The White Paper starts with the TFTC’s observation of the development and characteristics of the digital economy. It goes on to outline the TFTC’s observations, considerations and concerns regarding competition with the digital economy. It suggests possible approaches to address these emerging competition issues, shedding light on the TFTC’s enforcement position based on how it views the market reality in the digital economy. This article aims to summarise the key competition issues highlighted in the White Paper, focusing on three major aspects – abuse of a dominant position, merger and concerted action – and offers insights on the TFTC’s recent practices concerning the digital economy.
The January 2020 issue of Business Law International, the journal of the Legal Practice Division of the International Bar Association
Aug 15, 2024
Parte do projeto “50:50 até 2030”, o relatório examina a disparidade de gênero na profissão jurídica no Brasil.
IBA Annual Conference Miami 2022
Apr 04, 2024
This article considers how the English commercial disputes market has developed in response to the legal risks that arise from armed conflicts, focusing on: (i) navigating sanctions; and (ii) supply chain challenges.
Dec 13, 2022
This article aims to introduce the concept of the preliminary hearing of witnesses of fact in the Netherlands (expert witness evidence is outside the scope of this article). This procedural possibility allows parties to hear witnesses in proceedings, separate from or prior to proceedings on the merits (if any).
Ticket price: £113
Please note attendance is only possible for those aged 21 and above.
IBA Annual Conference Toronto 2025
Oct 01, 2021
Brazil, like other countries, has faced several challenges since the beginning of the global health crisis due to the spread of Covid-19. Throughout the pandemic, Brazilian authorities have engaged in an extensive legal and normative production seeking to regulate various issues, especially in dealing with health and technology.
This LPD Showcase session will be divided into two panels:
Panel 1: Fashionably Metaverse, AI and Web3: everything you need to know about the intersection of fashion and technology
Major luxury brands are seeking creative ways to embrace high technology. The Louis Vuitton Group launched Louis, a game, which gave players the opportunity to win historical postcard NFTs. Valentino partnered with UNXO to opening doors to never-before-seen digital and physical hybrid experiences. Together Balmain released a Balmain X Barbie collection bringing the famous dolls to the Metaverse. Many have partnered with Roblox and Fornite to sell digital goods while some have used web3 tools to have virtual concerts and worlds. This session will not only explain and exemplify AI, Web3, Metaverse and other virtual worlds, it will also explore the evolution of technology incorporated in all phases of fashion – from production to consumer sales - whether digitally or in bricks and mortar stores, as well as the promotion, marketing and content creation strategies being utilized by fashion brands.
Panel 2: Fashionably Metaverse, AI and Web3: the future of fashion, retail and technology
Just as styles come and go, so do the tools utilized by fashion brands to sell those clothes. Building on session one, this session will take a look at where fashion is going, so that attendees can be prepared to assist clients with the latest developments in this fascinating and rapidly changing world! The session will also discuss how traditional high-end fashion is embracing high-tech in ways never imagined before. What does the future of shopping look like? We will look further at IP protection strategies and infringements, how they can be litigated, and what jurisdictions and laws apply. Additionally, the session will discuss sourcing challenges in light of ESG (environmental, social and governance) and how tech can aid, as well as slow, fashion trends (including commercial implications and how to maintain customer intimacy online).
IBA Annual Conference Paris 2023
Dec 01, 2025
Gambling M&As in North America and Europe today in the .com space often involve activities that are not legal in the sense that they are not specifically licensed or authorised by the relevant jurisdiction in which they operate, raising numerous challenges for lawyers. This panel at the IBA Annual Conference Toronto 2025 explored this subject.
Jan 21, 2022
In rapid succession, a number of jurisdictions have moved away from focusing on antitrust enforcement to the proposed regulation of digital platforms. Ostensibly, the regulatory focus is about competition and potential concerns that traditional ex post enforcement may be ill-equipped to address the power of digital platforms. This article focuses on the realities of what platform regulation might mean, and how to better frame and structure the nature of appropriate regulation. This article first identifies a number of the different approaches to regulation that various jurisdictions have put forward, and then lays out six basic principles for platform regulation to help address some of the potential harms that such approaches may unwittingly be pursuing.
€167
IBA Annual Conference Paris 2023
A Instituto de Direitos Humanos da Associação Internacional de Advogados (“IBAHRI”) e o Iniciativa Anti-tortura (“ATI”) expressam grande preocupação e condenam a decisão do Governo brasileiro de estabelecer severas limitações ao trabalho do Mecanismo Nacional de Prevenção e Combate à Tortura (“Mecanismo Nacional”). A medida representa uma perigosa redução da proteção dos indivíduos privados de liberdade.
IBA Annual Conference Mexico City 2024
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