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Jun 02, 2021
The Supreme Court of India has recently rendered its decision in Engineering Analysis Centre of Excellence v The Commission of Income Tax & Anr, finding that the amount paid by resident Indian end-users or distributors to non-resident computer software manufacturers or suppliers, as consideration for the resale or use of computer software, cannot be characterised as ‘royalty’ (that is, the use of copyright in the computer software) under Article 12 of the Tax Treaties.
The structuring of new business models are intended to be more respectful and aligned with well-being, diversity, inclusion and transparency, to achieve a fairer and more equitable society. Green software, AI and Trusted Data, present alternatives which aim to lower the environmental footprint of businesses.
Biennial IBA Latin American Regional Forum conference
Apr 30, 2025
This article provides an overview of the liability for software under the new European Product Liability Directive (EU) 2024/2853 and highlights the conditions under which liability for software arises.
Jul 25, 2023
A conference report on the ‘Green software, AI and trusted data: the impact of technology in ESG’ session from the Biennial IBA Latin American Regional Forum Conference: Technology, social media and artificial intelligence: challenges for the legal industry in the digital age.
Around the world: regional perspectives on the regulation of AI and Software as a Medical Device
Oct 01, 2021
In recent years, medical device regulatory bodies have recognised software as a medical device as a subgroup of medical devices meriting a specific set of rules. In Brazil, even with the massive introduction of these products in the market lately, there is still no specific set of rules applicable to them. This article analyses the current regulatory scenario and the perspectives for a new regulation.
Performance enablers and softwares that can be used to bring efficiency in dispute resolution: assistance in drafting pleadings, e-discovery, and recording of evidence.
Use of artificial intelligence driven softwares and their assistance in adjudication of disputes: international and Indian perspective, opportunities and challenges.
The 2nd IBA Litigation and ADR Symposium - the changing landscape of litigation and arbitration in India
Translation of documents is critical in international arbitration, both in connection with the review of large volumes of documents in multiple languages that must be translated within short timelines before they can be reviewed and/or produced, and for presenting documents to a tribunal or opposing party in the designated language of the arbitration.
Key areas of impact include software and firmware updates and the growth of artificial intelligence, which can alter a product's performance and raise questions about post-sale modifications; autonomous systems like self-driving cars and drones that shift liability considerations from human error to algorithmic failures; and cybersecurity, where the increasing interconnectedness of devices necessitates robust security measures and clear liability demarcations.
Furthermore, a new evolution of product categories are integrating technology, such as software as medical devices and wearables, impacting the assessment of product liability in multiple sectors.
IBA Annual Conference Toronto 2025
Nov 23, 2022
Companies globally face a rising tide of cybercrime, and in-house lawyers are increasingly on the frontline of protecting and preparing their organisations. In-House Perspective takes stock of the trends in cybersecurity – including how recent world events have shaped the threats companies face – and the responses required.
Experienced leader with a strong background in the computer software industry. Regional Vice President at UiPath, developing AI technology that mirrors human intelligence with increasing sophistication, transforming how businesses operate, innovate, and compete.
Annual IBA Employment and Diversity Law Conference 2026
Sep 22, 2020
IBA Global Insight, Oct/Nov 2020: The Covid-19 pandemic has forced competition regulators to find new ways of working and thinking as they react to numerous challenges. Global Insight assesses how they’ve coped so far and how the competition landscape is shifting.
Globally, technology disputes are on the rise involving tech agreements, data and cybersecurity breaches, cloud service providers, software/Artificial intelligence (AI) malfunctions, copyright infringement, and anti-competitive and unfair trade practices.
IBA Annual Conference Toronto 2025
Sudan International Legal Services
- IP structure redesign after minimum tax rules
- Hybrid mismatches and DEMPE in licensing strategies
- Treaty override on software and services withholding
- Taxation of intangibles-driven value and gains
- Disclosure burdens and tax planning consequences
- Sourcing intangible property by R&E personnel costs and activities
Reporter
Karanjot Singh Khurana Lakshmikumaran & Sridharan, Delhi
15th Annual London Finance and Capital Markets Tax Conference
Oct 28, 2021
This article contains some top tips so readers can make the most of the IBA Global Showcase.
But is this technology, including facial recognition software and AI algorithms, reliable and does it create unfair outcomes?
10th Biennial IBA Global Immigration Conference
Oct 17, 2019
The International Bar Association’s Human Rights Institute (IBAHRI) strongly condemns the recent assaults against Syrian Kurds by Turkish forces in northern Syria, and calls on Turkey to halt the attacks. Although Turkey has not ratified any of the additional protocols to the 1949 Geneva Convention, prohibitions of attacks on civilians are a norm of customary international law. Customary international humanitarian law provides that attacks must not be directed against civilians.
Relevant to this, the panel will discuss corporate activities in the fields of artificial intelligence, cyber, automation, software and semiconductors.
Asia Pacific Mergers & Acquisitions Conference
Sep 12, 2019
The International Bar Association’s Human Rights Institute (IBAHRI) supports the decision of the Chief Executive of Hong Kong, Carrie Lam, to withdraw the extradition bill that would have allowed suspects to be sent from Hong Kong to mainland China for trial. Nevertheless, the IBAHRI calls on Ms Lam to start an investigation into the police brutality meted out against those protesting the bill and journalists covering the humanitarian emergency.
What are regulators doing to uncover cartels ex officio (whistleblowing, active monitoring including using software tools) and are they pushing the boundaries of what constitutes cartel conduct such as indirect information exchange?
IBA Annual Conference Toronto 2025
Apr 21, 2020
The International Bar Association’s Human Rights Institute (IBAHRI) and Geneva Bar Association condemn the reported abuse of Covid-19 quarantine measures against a human rights defender in Vietnam. On returning to the country on 26 March 2020, Truong Thi Hà was quarantined alongside other travellers as part of the Vietnamese government’s response to the Covid-19 pandemic.
International Data Transfer
2.Connected cars
3.Liability for AI errors and misconduct
4.Law 4.0: adapting legal systems for the digital age (including machine-to-machine law enforcement)
5.Patentability for software - including patent eligibility restoration act in the US
6.IP rights for cannabis related inventions
7.Robotic-assisted medical procedures - IP, regulatory and cybersecurity issues
8.US and International privacy and AI compliance enforcement trends
9.Post-merger integration in tech M&A transactions: avoiding pitfalls
10.Beyond financials: assessing "intangible liabilities" in M&A
IBA 6th Silicon Hills Conference – the Tech Epicentre of Texas: from Start-Up to Exit
Apr 17, 2020
The International Bar Association’s Human Rights Institute (IBAHRI) welcomes the decision of the Inter-American Court of Human Rights (IACtHR) that holds Peru responsible for the arbitrary detention and rape of a transgender woman. The decision, made public on 6 April 2020, marks the first ruling by the IACtHR on a complaint of discriminatory torture against a member of the LGBTQI+ community.
New technological tools are becoming available for banks and fintechs to exploit ‘big data’, the very large volumes of data that traditional data processing software simply couldn’t handle. These have the power to transform how banking services are delivered to customers.
IBA Annual Conference Miami 2022
Apr 16, 2020
The International Bar Association’s International Criminal Court & International Criminal Law Programme (IBA ICC & ICL Programme) has submitted extensive recommendations to the Group of Independent Experts regarding urgent fair trial concerns at the International Criminal Court (ICC). The submissions draw on the IBA ICC & ICL Programme’s monitoring of fairness and equality of arms at the ICC since 2005.
Battery production and software as the core components?
Level playing field in a global market?
4th European Automotive and Mobility Services Conference
And in a recent US class action, it is claimed that hotels collude on prices through a common software program. Other competition authorities are considering these and other AI-related issues as they apply across a range of businesses.
28th Annual Competition Conference
Apr 17, 2020
El International Bar Association’s Human Rights Institute (Instituto de Derechos Humanos de la Asociación Internacional de Abogados - IBAHRI) acoge con beneplácito la decisión de la Corte Interamericana de Derechos Humanos que determinó la responsabilidad del Perú por la detención arbitraria y la violación de una mujer transgénero. La decisión, emitida el 6 de abril de 2020, es la primera de la Corte Interamericana sobre una denuncia de tortura discriminatoria contra un miembro de la comunidad LGBTQI+
In particular, the panel will focus on global enterprises, especially those in the software and cloud computing sectors, that engage local partners to distribute their products.
IBA Annual Conference Mexico City 2024
Due to the current circumstances and the uncertainly surrounding the coronavirus outbreak (Covid-19), the IBA has had to take the unfortunate decision to postpone the scheduled conferences listed below.
Like many countries around the world, Nigeria was forced to impose a lockdown in Lagos (Nigeria’s commercial hub) and Abuja (Nigeria’s capital city) to combat the spread of Covid-19. The government’s ban on public gatherings and interstate travel resulted in the judiciary’s suspension of court sittings from March to May 2020, except for hearings of cases that were considered urgent, essential or time-bound.
Data privacy management and M&A
3. Open source software compliance in M&A (DD and tech DD streams coordinated with legal)
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8th Mergers and Acquisitions in the Technology Sector Conference
In their acceptance speeches for the 2019 IBA award for Outstanding Contribution by a Legal Practitioner to Human Rights, joint recipients Dr Margaret Ng and Martin Lee SC JP highlighted the importance of defending freedom, democracy and the rule of law.
At the same time, facial recognition software and zero-click forms of spyware represent a threat to privacy rights that may impact ongoing activities of environmental defenders.
ESG: the Brussels Effect at a crossroads
Financial technology is transforming the financial sector. The Brazilian Central Bank has been working to provide a favourable regulatory environment to foster innovation. This article discusses some of the most recent regulatory measures taken by the Brazilian Central Bank: the structuring of an instant payment system and the regulation of open banking in Brazil.
The development of various legal software, ranging from e-registries to artificial intelligence (AI) and other innovations, is changing the day-to-day work of all law firms, from one-lawyer boutiques to global firms.
6th IBA Global Entrepreneurship Conference: The Netherlands – sailing the seas of global innovation
Aug 27, 2024
Trends across the globe reflect a measured approach at limiting enforceability of post-separation non-competes in the context of workforce management. Growing voices against strangling of labour mobility under the garb of confidentiality and non-compete is being seen with immense distaste in employment rights movements. Several countries have demonstrated significant developments on banning non-compete in certain circumstances. India, however, has historically maintained a sustained approach at barring enforceability of post-separation non-competes, subject to limited exceptions. This article discusses these growing trends against non-competes, its limitations and jurisprudence in India, and popular alternate strategies adopted in practice to legally protect business interests.
Helle is non – Executive Director for a number of Boards - Vestas, one of the world’s leaders in sustainable energy; DJE Holdings, a global communications firm that partners with businesses and organisations to evolve, promote and protect their brands and reputations; Safelane, a global leader in clearing landmines and the explosive remnants of war; Carsøe, a leading manufacturer of retail, customised, and OEM solutions for key suppliers of food processing equipment across the world; and VISTA Equity Partners, an American investment firm focused on financing and forwarding software, data and technology-enabled startup businesses.
IBA Annual Conference Paris 2023
This article explores the risks that Turkey’s newly amended internet law poses to freedom of speech and possible mitigation strategies for social media companies, while placing the new legislation within the broader context of internet regulation in Turkey.
IBA Global Insight April/May 2019 - The United States and Saudi Arabia remain strong allies despite significant challenges in recent years, from 9/11 to Jamal Khashoggi’s murder and the war in Yemen. Global Insight assesses what makes the ties that bind the two countries so remarkably resilient
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 .
IBA Annual Conference Mexico City 2024
Whistleblowing and resulting revelations generate dramatic headlines. Despite deep-rooted challenges discouraging potential whistleblowers, significant developments are driving change.
The panel will discuss the effect of such waivers, with specific focus on contracts in the entertainment and software industry.
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IBA Annual Conference Paris 2023
Aug 01, 2016
IBA Global Insight, Aug/Sept 2016 - A year ago, Global Insight assessed the impact of volatile energy markets, asking ‘what if the price of oil stays low?’ Here, we explore some of the answers, including how the sector’s response to the short-term shock could turn out well in the long run
IBA Global Insight April/May 2017 - Brazil’s corruption investigation has seen leading businessmen locked up, uncovered what the US Department of Justice has called the ‘largest foreign bribery case in history’, and prompted a surge in demand for compliance lawyers. The next phase will see dozens of politicians investigated and a rupture between judiciary and legislature must be avoided.
Jun 11, 2019
IBA Global Insight June/July 2019: While access to the internet can enable human rights, almost half the world’s population aren’t online. For those that are, so called ‘sovereign internets’, website blocking and other techniques are a growing threat.
IBA Global Insight Dec 2016/Jan 2017 - With Turkey already in turmoil due to the migration crisis, violence in the south-east and rising numbers of Islamist attacks, the 15 July coup attempt could not have come at a worse time. Global Insight assesses the regime’s responses and the serious consequences for the rule of law.
The Trump administration was clear from the outset that it would put America first and retreat from the cooperative, rules-based world order. Three years into Donald Trump’s presidency, Global Insight assesses the damage.
The collection, review and production of electronic documents can be one of the most costly and time-consuming phases of arbitration, particularly where there is a vast number of potentially relevant electronic documents to review. Advances in software engineering and machine learning may render the processes of collection, review and production of e-documents more efficient and cost effective.
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