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Jul 21, 2022
The article analyses the validity of earn-out clauses and the legitimacy of the provision of a purely symbolic price in sale and purchase agreements.
Space activity requires special application of law for insurance, regulatory compliance and financial risk. The session examines risk management for space activities.
IBA Annual Conference Toronto 2025
Oct 13, 2021
This article analyses the statutory approval clause, taking into account recent case law, and compares the rules governing joint stock companies and limited liability companies in Italy on this topic.
HumanRightsSpace tourism has become a hot topic with SpaceX, Virgin Galactic and Blue Origin making available space travel to anyone – at least to those who can afford the ticket price. This session will explore the legal challenges coming with this development and will focus on three aspects:
Insurance and liability – these are essential issues for anyone going on a space tour. One of the questions is about the status of space tourists. Are they considered “astronauts”? Or should they have different status yet to be determined? Travel insurers have launched insurance propositions for space tourists. What are the main considerations for such insurances?
Intellectual property – If space tourists were to conduct research and experiments leading to the development of new products, technologies etc. intellectual property rights may become an issue. Providing protection for intellectual property rights arising out of space activities will be essential in the further development of space travel and exploration. What are possible approaches to protect Intellectual Property Rights in space activities?
Human Rights and Code of Ethics – The UN World Tourism Organization developed a Global Code of Ethics for Tourism. This is a set of principles designed to guide key-players in tourism development to work towards minimizing potentially negative impact on the environment, cultural heritage and societies. Should there be a Code of Ethics for space tourism? What are the potential negative effects of space tourism requiring such a Code?
IBA Annual Conference Miami 2022
The 28th issue of the International Bar Association’s Human Rights Institute (IBAHRI) Covid-19 Human Rights Monitor includes increased calls to domestic violence hotlines during the pandemic, displaced refugees and violence against peaceful protestors.
As technology advances continually open up the ability for the world to re-engage in space, will the world be able to provide stability and consensus to countries capable of participating in research and exploration in Space. The panel will discuss international treaties and agreements already gathering momentum and members, along with changes to national legal systems to incorporate issues relating to space that have ramifications outside of their borders. The issues are many, including, intellectual property rights, insurance coverage, environmental concerns, and so much more.
IBA Annual Conference Miami 2022
The 22nd edition of the IBAHRI Covid Monitor includes coverage of the United Nations General Assembly resolution encouraging international cooperation, measures to combat rape in Liberia, LGBTQI+ rights in Southern Africa, Tajikistan and Iraq, effects of the fire at Moria refugee camp in Lesbos, reports of dangerous medical practices at an Immigration and Customs Enforcement facility in the US, homelessness and Covid-19 in the Middle East, Germany and Chile, and furlough schemes and disability.
Geospatial information is vital for national development, policy and decision-making, programs and projects, and to achieve sustainable social, environmental and economic development. While geospatial information is able to be presented in many forms and mediums, its main strength 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 for Member States 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. The panel shall discuss such activities, explain how the acquisition, availability, accessibility, and application of geospatial information can be addressed, and how the UN-GGIM is supporting Member States to that regard.
IBA Annual Conference Miami 2022
The latest issue of the Monitor covers topics including Covid-19 outbreaks in refugee camps, prisons and detention centres. Also: the lasting impact of the pandemic on individuals with disabilities and on children without access to education.
Several countries have already incorporated military units designated as “space forces”. National defence and security issues are no longer limited to land, air and sea but have expanded into space. Protecting critical satellite infrastructure from cyber-attacks, securing and protecting space objects in general are becoming crucial tasks. Has the principle of neutral and peaceful use of space become obsolete? We will be exploring legal issues, ethics and resolving disputes around this question against the background of recent developments that point towards the space becoming a potential legal and physical “battlefield”.
IBA Annual Conference Paris 2023
On 15 January 2020 the Austrian Supreme Court considered whether a final arbitral award on its merits violated Austrian public policy (Case: OGH 18 OCg 9/19a). The underlying arbitration was conducted under the rules of the Vienna International Arbitral Centre (VIAC) with seat in Vienna.
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
Aug 11, 2022
Eighteen months after Myanmar’s military seized control and arrested then-leader Aung San Suu Kyi, alongside other members of the democratically-elected National Unity Government (NUG), the international community grapples with how to treat the country. As things stand, there’s no sign of an end to the junta’s bloody and contentious rule.
The idea of space mining is not new. However, until recently, technological and financial constraints have prevented it from becoming a reality. This might be about to change. With the continuing decrease of launching costs and national and international efforts to private legal certainty for mining operations in space, space mining might soon attract the necessary investments to take off. Indeed, the first contracts have already been signed for the extraction and sale of lunar resources. The panel will address the advantages and challenges of mining in space, as well as the applicable legal framework.
IBA Annual Conference Mexico City 2024
€167
IBA Annual Conference Paris 2023
This article focuses on a ruling of the Court of Justice of the European Union concerning the competence of the Independent Supervisory Authorities to determine of airport charges. Through analysis of the ruling in question and identification of the peculiarities of the Italian system, this article provides an overview of the main legal barriers to the implementation of Directive 2009/12 on airport charges.
IBA Annual Conference Mexico City 2024
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 Omnibus Package was launched on February 26, 2025, as part of the EU’s efforts to reduce administrative burdens and enhance competitiveness. It aims to simplify sustainability reporting and harmonize due diligence requirements for businesses. The package includes amendments to CSRD, the Corporate Sustainability Due Diligence Directive (CS3D), and the EU Taxonomy Regulation. In this context, Michael Spanos will address how large firms should balance compliance obligations while maintaining operational efficiency, the impacts of reduced reporting requirements on ESG strategy, how ESG due diligence must evolve to maintain compliance with CS3D, and the future of ESG reporting across the EU
ESG: the Brussels Effect at a crossroads
IBA Annual Conference Miami 2022
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.
IBA Annual Conference Toronto 2025
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.
- Regulatory complexity and business compliance: how should large firms balance compliance with the CSRD, CS3D, and EU taxonomy while maintaining operational efficiency; common pitfalls businesses to avoid.
- Omnibus I and II – Impact on reporting obligations: strategic shifts that businesses should make in their ESG approach; unintended simplification consequences.
- Legal liability and ESG due diligence - how should corporate legal teams structure ESG due diligence to ensure compliance with mandatory human rights and environmental standards under CS3D.
- Future of ESG and regulatory harmonisation: is there room for further regulatory consolidation in ESG reporting across the EU; how might global frameworks like Global Reporting Initiative (GRI), International Sustainability Standards Board (ISSB), Task Force on Climate-Related Financial Disclosures (TCFD) or Securities and Exchange Commission’s sustainability disclosures interact with European directives in the future.
ESG: the Brussels Effect at a crossroads
Legal workspaces are evolving, combining physical office spaces, ‘work anywhere’ and better technology to knit the two together.
Most kinds of knowledge businesses (not only law firms) are fundamentally rethinking how work is done. New working practices capitalise on the benefits of remote working while resolving the challenges involved. Models gaining traction involve a mix of repurposed office spaces, better approaches to remote work and better technology-enabled processes to help the firm’s people collaborate effectively and optimise performance. This session will examine ‘best practice’ as it is emerging today, and speculate about how trends will unfold over the next three to five years.
IBA Annual Conference Miami 2022
Feb 19, 2024
Energy transition – the need to achieve progressive and complete decarbonisation by 2050 – presents Italy with important challenges in increasing energy production from renewable resources on the one hand, and the necessary progressive increase in the availability of utility-scale energy storage capacity on the other. The Italian legislator has acted to guarantee a long-term supply system of new storage capacity by introducing a mechanism based on competitive, transparent and non-discriminatory auctions. The system recognises the right to an annual remuneration, in exchange for the provision of the awarded capacity as part of the national energy market.
This article considers the position under English law for parties seeking to injunct proceedings in other jurisdictions in breach of a valid agreement to arbitrate. English courts have shown great willingness to grant such injunctions in appropriate cases. Recent case law demonstrates the English courts’ commercial mindedness and adherence to a strongly pro-arbitration policy. However, different considerations apply in instances where the non-arbitration proceedings are issued in a European Union state.
Various rules have been modified recently to grant arbitrators authority to exclude counsel. Many practitioners believe this is going too far. This session will discuss this topic.
IBA Annual Conference Miami 2022
Oct 02, 2023
The introduction of the competition framework is reshaping how oil and gas transactions are operated in Angola. Although recent practice by the Angolan Competition Authority appears to be consistent, a formal position can help to bring clarity. Parties should adjust completion conditions accordingly to strike the right balance between execution and compliance risks.
The session will take stock of the developments made in cross-border legal practice up to now, reviewing the jurisdictions having opened their legal services market to the practice of foreign lawyers and law firms and assessing what the experience has been. The session will also discuss the rising challenges to globalisation (eg, sanctions, decoupling and de-dollarisation) and the impact, if any, on trade in legal services.
IBA Annual Conference Mexico City 2024
Oct 20, 2021
The United Kingdom’s withdrawal from the European Union (Brexit) has brought about significant changes to international dispute resolution in the UK and, insofar as disputes have a UK nexus, in the EU. In particular, since the end of the transition period, the Brussels Recast Regulation, which provides, inter alia, for the free circulation of judgments between EU Member States, no longer applies in the UK. Neither does it apply in the EU to judgments rendered by UK courts. Similarly, the UK has lost its access to the Lugano Convention. As the EU-UK Trade and Cooperation Agreement does not include rules on private international law, many important questions for cross-border dispute resolution between the EU and the UK are now determined by other multilateral treaties (notably the Hague Convention on Choice of Court Agreements) and domestic private international law rules. This article discusses the impact of Brexit on the litigation and arbitration of commercial disputes from both EU and UK perspectives. In particular, this article considers the impact of Brexit on the following key issues: jurisdiction agreements and the enforcement of foreign judgments, choice of law and arbitration. The article analyses the changes brought about by Brexit to the legal landscape for dispute resolution and considers the consequences such changes may have for parties’ choice of law and forum.
This panel will explore the complexities involved in the restructuring of distressed insurance companies. The primary goal in such restructurings is to ensure the most favourable outcome for policyholders. This discussion will delve into the optimal strategies for achieving this objective and the differences that arise across various insurance categories.
29th Annual IBA Global Insolvency and Restructuring Conference
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.
IBA European Fashion and Luxury Law Conference
Trends in Private M&A: Representations and Warranties Indemnity Insurance. Report on a session of the Closely Held and Growing Business Enterprises Committee and the Corporate and M&A Law Committee at the IBA Annual Conference, Seoul
Wednesday, 25 September 2019
All Officers of Committees within the Section are expected to attend.
By invitation only: IBA Mid-Year Leadership Meetings 2023
Three cases being handled by the Chilean Free Competition Defence Tribunal invite us in Argentina to review some antitrust concepts and to imagine how a similar situation would be handled at a local level.
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
To simplify or not to simplify: implications and reflections on the EU Omnibus Package
The European Union’s active promotion of private enforcement of competition law has recently resulted in the adoption of the Damages Directive. Despite the harmonisation provided by the directive, however, many aspects of private enforcement remain different in certain Member States. Due to those differences, and the fact that undertakings are often active in several Member States, the rules governing applicable law and jurisdiction are increasingly important. Establishing favourable jurisdictions can have
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
Case Comment: Concerning the Enforceability of No Oral Modification Clauses: Rock Advertising Ltd v MWB Business Exchange Centres Ltd.
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
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.
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
Elizabeth Morley
Rajesh Sreenivasan
Media Law Committee
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18. Hot topics in Space Law
Sustainability of space activities – current and future.
IBA Annual Conference Mexico City 2024
The first webinar of the virtual conference focused on practical advice for lawyers and their firms on how to navigate the current economic crisis.
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
May 30, 2022
International human rights law (IHRL) and international investment law (IIL) are two influential subsets of public international law reflecting distinct purposes and historical evolutions. Nonetheless, the two subsets interact in the context of the investor–state dispute settlement system (ISDS), due to the rise in human rights claims under international investment agreements. This article appraises this interaction from the perspective of IHRL in light of the fragmentation of public international law. It argues for the need to recognise and assess concurrent international legal obligations systematically and coherently, suggesting that the principle of systemic integration could support the consideration of human rights treaty obligations in ISDS and promote legal accountability. Foreign direct investment and human rights are linked in complex and non-linear ways. Furthermore, a predictable, coherent and transparent legal approach is necessary to ensure that IIL respects substantive and procedural human rights. This may also bolster the legitimacy of ISDS by redressing perceived power imbalances. It may attenuate the potential negative externalities of granting broad, asymmetrical rights to investors without any concomitant obligations under investment treaties. This article concludes that to prevent accountability gaps, tribunals must recognise: (1) a home–host state continuum of human rights legal accountability; (2) home state obligations to protect against third party violations by its investors abroad; and (3) host state obligations to respect, protect and fulfil human rights.
This session is the annual roundtable discussion of hot topics in the world of intellectual property, communications and technology.
IBA Annual Conference Toronto 2025
An issue that often arises in international arbitrations involving construction contracts with stepped dispute resolution clause is whether a claimant’s failure to: (a) go through the dispute resolution provisions; or (b) comply with a time bar clause gives rise to a question of admissibility or jurisdiction. Put another way, if a claimant has failed to refer a dispute to an adjudicator as a condition precedent to arbitration should the arbitral tribunal decline to proceed because it lacks jurisdiction ...
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
Jun 01, 2020
On 30 January 2020, the World Health Organization declared Covid-19 to be a public health emergency of international concern. On the same day, the China Council for the Promotion of International Trade (CCPIT) announced that it would issue ‘force majeure certificates’ to affected Chinese companies to help minimise economic losses arising from the outbreak and consequential events.
- intercompany reorganisations
- structuring and contractual allocation of risks in sale and purchase agreements (SPAs) and shareholder agreements
- financing/securitisation transactions
- specifics of private funds
- private equity aspects
- what’s next in the US, China, India…;
- states moves to keep attracting companies in the Pillar 2 environment
14th Annual London Finance and Capital Markets Conference
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