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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.
There are legal and policy challenges ahead of us when it comes to preventing the increase of antimicrobial resistance (AMR) while feeding a growing world population and meeting global food security concerns: what are the viable solutions to addressing AMR, and what are the consequences if we do not act now?
IBA Annual Conference Paris 2023
The project, funded by the IBA and carried out jointly with the Bingham Centre for the Rule of Law, has brought together the relevant professionals from divergent geographic regions and legal systems in order to analyse how judicial selection processes can be reviewed in order to improve outcomes and accountability, thereby strengthening the rule of law. The project has started in July 2024 and is expected to be concluded in December 2026. By the time of the 2025 IBA Annual Conference in Toronto, the advisory group of the project would like to share its emerging findings with the audience. In particular, the session will test ideas for the “toolkit” of recommended actions that practising lawyers can take to strengthen judicial selection in their jurisdictions, and to counteract the rule of law damage that can result from opaque, nepotistic or unduly politicised selection processes.
IBA Annual Conference Toronto 2025
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.
The rapidly evolving application of Artificial intelligence (AI) in medicine and healthcare has been raising regulatory and contractual challenges relating to privacy, intellectual property and data ownership, data breaches and liability. The session will focus on the major issues that are being currently discussed by purchasers, vendors, distributors and regulators of AI-solutions in the sensitive healthcare sector. Speakers will include the different players and jurisdictions, enabling the understanding of the current AI commercialisation and implementation models and solutions.
IBA Annual Conference Paris 2023
Nov 15, 2021
The Hong Kong Court of Final Appeal clarifies that who is considered a “friend” pursuant to the Prison Rules in respect of visitation rights for inmates awaiting trial and with the presumption of innocence, and whether a friend has to be someone with a personal or intimate relationship with the inmate.
Confidentiality is often described as one of the key reasons parties choose to resolve disputes through international arbitration. However, there has always been a push for greater transparency, which has extended to both investor-state and commercial arbitrations. Some leading arbitral institutions have amended their rules and new arbitration laws have been introduced in various jurisdictions to increase public access to information previously considered confidential. Another aspect of confidentiality pertains to the secrecy of the arbitrators’ deliberations. Arbitrators sometimes face applicants seeking disclosure of their deliberation records. This panel will examine these issues and share their perspectives on what the future holds.
IBA Arb40 Symposium – new horizons in international arbitration

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.
The Smart Cities panel will delve into the complex interplay between living, transportation, and energy infrastructure as cities embed the internet of everything into their core design. This is traditional infrastructure disputes on steroids, as lawyers adapt to the critical importance of interoperability, resilient systems, cybersecurity risks and new regulatory frameworks. As Smart Cities reimagine urban life, the challenge for dispute experts will be to anticipate, interpret, and resolve unprecedented, interconnected conflicts.
27th Annual IBA Arbitration Day: “New Horizons”: focusing on the influence of new technologies, sectors and geographies on the future of human living and the evolution of International Arbitration
Jul 26, 2023
This article provides a brief introduction on the procedural changes before seeking to provide a dialectical and nuanced perspective on the potential influence these changes will bring to multiple stakeholders of China merger control regime. This includes the notifying parties, the antitrust authorities (the State Administration for Market Regulation or SAMR), and others.
How will current legislative approaches and proposals to regulate the provision and use of AI affect the practice of the legal profession? What are the ethical concerns arising from such regulation? Most importantly, would a proposed extraterritorial application of such regulations have impacts on the legal profession that is more international and connected than ever before?
These and many other questions draw on AI's role in rapidly permeating economies and societies, generating productivity gains, improving efficiency, and lowering costs, while at the same time leading to calls that facilitate the adoption of AI systems to promote innovation and growth, and help establish appropriate safeguards to ensure that such systems are beneficial for practitioners and clients, and shall not put in risk the respect for fundamental rights. The operators and practitioners are or will be certainly sectors that AI heavily impacts in terms of structuring business opportunities. The recent legislative developments and initiatives in Europe, North America, and various jurisdictions attest to this influence: should - or could - AI be harnessed so as to prevent its malleability based on the legal culture and rules on how a profession is executed extra-territorially?
Our panel of experts will address these topical questions shaping the AI-realm in the legal profession.
IBA Annual Conference Miami 2022
Oct 25, 2022
In Europe, although the block exemption for vertical agreements may enable franchisors to protect their legitimate interests, fixing resale prices is usually considered as a ‘no go’ zone. A recent case in China demonstrates a similar administrative approach towards the issue in the context of franchising.
This panel will discuss recent developments in the secondary market with an emphasis on General Partner (GP) led transactions. Topics to include: staying power of GP-led transactions in the face of rebounding mergers and acquisitions (M&A) markets; challenging conflict issues; and traditional buyout managers entering the space.
23rd Annual International Conference on Private Investment Funds
Aug 05, 2024
In June 2022, China’s antitrust authority – the State Administration for Market Regulation (SAMR) – started a pilot project establishing the alert mechanism for compliance risks for concentrations of undertakings. Relying on the corporate registration system, this mechanism aims to remind companies to assess whether a filing obligation is triggered under merger control rules. As such, it reduces the risk of failure to file reportable transactions and promotes fair market competition. After over a year of trial runs, the mechanism was fully set up and launched online. In February 2024, SAMR issued a notice to expand on the scenarios for the alerts, increase the accuracy of the alerts, and enhance related advocacy.
This session will delve into the art and technique of oral advocacy, guiding young lawyers on how to build their presence in the courtroom and make their voice heard. Through practical insights shared by legal luminaries the panel will discuss key skills essential for oral advocacy, such as structuring arguments, crafting impactful opening and closing submissions, and more.
Oral advocacy, cross examination and the emergence of AI in dispute resolution
IBA Global Insight June/July 2017 - A radical economic change programme inspired by the International Monetary Fund in Egypt – North Africa and the Middle East’s most populated nation – is showing early signs of backfiring.
Real estate industry representatives and lawyers from various jurisdictions will discuss the future trends and tools for real estate in a post-pandemic world, including:
- Tokenization of real estate projects and commercialization through crypto currencies.
- Metaverse as a new submarket in the global real estate market? What are the real perspectives for this incipient new world?
- Suburban vs urban areas
- Conversion of downtown areas (former office areas) into residential areas
- What to bear in mind in new office developments. Lessons learned from the pandemic
- New trends in the residential market; Co-living & sharing tendency that emerges in follow-up of the co-working, analyzed from a leisure/hospitality perspective
- Hotels’ new developments and trends
- Shopping centers vs. strip stores vs. online commerce.
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.
SustainabilityFocusHumanRightsIn the last couple of years, more and more jurisdictions impose statutory rules on companies to procure compliance with certain ESG principles and human rights along their supply chains. For instance, the UK has enacted the Modern Slavery Act in 2015, and Germany will see the Supply Chain Protection Act come into effect in 2023. The session will review what risks and chances companies are facing when trying to implement ESG principles and/or to procure compliance with basic human rights along their chain, both on a compulsory and voluntary basis. The session will review risks of liability, effectiveness in promoting social justice, human rights, environmental responsibility and gender equality as well as discuss potential litigation scenarios arising from the announcement and reporting of ESG principles. At last, the session will try to reach a conclusion to what extent companies can be actors of “private enforcement” of human rights and ESG principles.
SUSTAINABILITY FOCUS sessions marked as such are part of the IBA Annual Conference 2022 sustainability focus on Tuesday and Thursday, grouping sessions discussing different aspects of ESG and sustainability across the different legal fields.
IBA Annual Conference Miami 2022
By Yi-An (Ann) Lai. Alipay and the impact of e-payment systems resulting in new regulations in China and other jurisdictions.
Topic one
Post-Covid-19 litigation trends
Moderators
James C Fraser Thompson Hine, Washington, DC
Beth Weinman Ropes & Gray, Washington, DC
Topic two
Responsibility, liability and conflict of interests: risks met by compliance officers
Moderators
Catherine Longeval Van Bael & Bellis, Brussels
Emily Mason Amgen, Los Angeles, California
Topic three
Evolution of product liability rules
Moderators
Eric Alexander Reed Smith, Washington, DC
Edona Vila Borden Ladner Gervais, Toronto, Ontario
Topic four
Evolution of telemedicine (survey conducted by the IBA Healthcare and Life Sciences Committee)
Moderators
Renata Fialho Veirano, São Paulo
René Quashie Vice President, Digital Health, Consumer Technology Association, producer of CES®, Washington, DC
Topic five
Rare diseases and the continuous challenge of marketing an orphan drug
Moderators
David Parsons Leadiant Biosciences, Washington, DC
Kristin Wall Norton Rose, Toronto, Ontario
Topic six
Current opportunities and challenges in strategic collaborations
Moderators
Harry Rubin Kramer Levin, New York
Elysangela De Oliveria Rabelo Maurer Rabelo Maurer, Brazil
Topic seven
The European unitary patent court system
Moderators
Christophe Ronse Altius, Brussels
Amrish Tiwari KNS Partners, Gurgaon, Haryana
Topic eight
Post public health emergency
Moderator
Howard Sklamberg Arnold & Porter, Washington, DC
Topic nine
Patents in the US versus ROW
Moderators
Jason Jardine Knobbe Martens, San Diego, California
Alex Spiegler ArentFox Schiff, New York
Topic ten
Impact of metaverse on life sciences industry: fiction or future reality?
Moderators
Jeff Costellia Nixon Peabody, Washington, DC
Elisa Stefanini Portolano Cavallo, Milan
Topic eleven
Recent regulatory changes and opportunities in medical and recreational cannabis
Moderators
Ignacio Gillmore Carey, Santiago
Mariana Larrea Grupo Libera, Mexico City
Topic twelve
Public to private sector technology transfer: challenges and solutions
Moderator
Camila Parise Pinheiro Neto, São Paulo
Topic thirteen
Food labelling (octagons, symbols, difficulties) and cannabis regulations
Moderators
Ana Maria Castro Lloreda Camacho, Bogota
Viviana Cervieri Cervieri Monsuárez, Montevido
Topic fourteen
Managing market access at a global level
Moderators
Markus Schott Bär & Karrer, Zurich
Charlotte Tillett Stevens & Bolton, Guildford, Surrey, England
Topic fifteen
Pricing of medications
Moderators
Miranda Franco Holland & Knight, Washington, DC
Andreas Wildi Walder Wyss, Zurich
Topic sixteen
Abortion pill: medicine versus law
Moderators
John Murphy Chief Policy Officer, Biotechnology Innovation Organization, Washington, DC
Eva Temkin King & Spalding, Washington, DC
Topic seventeen
How new players will impact traditional healthcare providers
Moderator
Gary Copelovitz Lipa Meir & Co, Tel Aviv
9th Annual IBA World Life Sciences Conference
IBA Arbitration Committee – Newsletter Editorial Board members list
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
Sep 12, 2024
this edition contains ten articles from co-chairs of past IBA Arbitration Days and offers their reflections on the evolution of international arbitration through the lens of the events that they chaired. The articles traverse the dynamism of our field and the continued relevance of the discussions that have taken place during IBA Arbitration Days. We have also included a link to a short video featuring twelve of the former chairs and co-chairs that was shared with the arbitral community at the 25th Annual IBA Arbitration Day in Singapore.
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
The Arbitration Committee has prepared a guide to the law and practice of arbitration in more than 50 countries around the world. The material is intended as a high-level practical overview for practitioners and others seeking an introduction to arbitration in particular jurisdictions.Each chapter indicates its authors, who may be contacted with questions or suggestions, and its date of publication.
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
Feb 05, 2024
This edition of the Arbitration Committee’s newsletter brings a variety of articles on procedural aspects of the law and practice of arbitration by featuring outstanding contributions from authors across five continents. Considering their growing importance, we considered that the procedural aspects of arbitration were deserving of a dedicated issue.
IBA Global Insight Aug/Sept 2019: Former Egyptian President Mohamed Morsi’s death has raised serious questions about
his treatment and the neglect of thousands of political prisoners.
Jul 15, 2021
Controversial autocratic President Abdel Fattah al-Sisi came to power in 2013 after a military coup. Global Insight reports on his latest policy – involving lucrative redevelopment contracts with developers from Kuwait, Saudi Arabia and the UAE – which is having devastating human consequences.
Oct 14, 2019
Egypt received a $12bn IMF bailout following the overthrow of Hosni Mubarak’s regime and macroeconomic indicators are positive. Nevertheless, one of the region’s most influential countries, with a population of 100 million, remains shackled by poverty, debt and public resentment.
Jan 27, 2025
The IBA European Regional Forum (ERF) is pleased to announce changes to its officer positions for 2025. These changes reflect the organisation's commitment to diversity, inclusion and the evolving needs of its members.
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.
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.
Jul 14, 2024
The European Fashion and Luxury Law Conference, meticulously organised by the European Regional Forum (ERF) of the International Bar Association (IBA) in Milan on 23 April 2024, was a resounding success. The event, which was fully booked, showcased a remarkable assembly of speakers, each highly esteemed within the industry. These speakers brought with them a wealth of knowledge and expertise, which they shared across a series of discussions and presentations.
Jul 22, 2025
The International Bar Association’s (IBA) European Regional Forum brought the global fashion and luxury law community together in London for the 2025 edition of its highly anticipated European Fashion and Luxury Law Conference. Held on 15–16 May at the iconic OXO2 venue, the event drew over 100 attendees, including leading legal professionals, in-house counsel and industry experts, all eager to explore the latest legal and commercial trends shaping the fashion and luxury sectors. This article provides an overview of the conference.
Jul 18, 2023
A report of the 25th Transnational Crime Conference, held 3–5 May 2023 in Boston, Massachusetts.
May 21, 2024
The 26th Transnational Crime Conference, which took place between 8–10 May 2024 in Milan, Italy, was a resounding success. In fact, it has become the most well-attended international criminal law conference in the IBA’s history!
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