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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.
Art in a time of war: The sanctions landscape
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.
IBA Annual Conference Miami 2022
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.
€188
IBA Annual Conference Paris 2023

Sep 27, 2023
The rise in popularity of generative artificial intelligence (‘generative AI’) has ignited the discussion on whether junior employees can be replaced by it. Some have gone to the extent of questioning whether professionals, such as lawyers, can also be replaced by generative AI. Is it wise to replace junior employees or lawyers with generative AI? What factors should be considered before deploying generative AI tools in your business? To consider these questions, we first need to understand the basic workings of generative AI and what it can offer. Fundamentally, AI is intelligence that is not biological. The general understanding is that machines will be ascribed with this intelligence. These machines have the ability to interpret, learn from and process external data in a way that is similar to the capabilities of the human mind. Generative AI is a type of AI program that generates content from a data set. It uses deep learning, a type of machine learning system that behaves like a neural network to simulate the functions of a human brain. In other words, it can mimic human intelligence by exhibiting analytical skills to create new content. Not only can generative AI be utilised in chatbot programs to create text, but it can also be used in programs that can create images, sound or videos. This article will consider two major forms of generative AI, in the context of risks to businesses: chatbots using generative pre-trained transformer technology programs; and image generating programs.
The panel will discuss the definition of indigenous cultural property and consider relevant national regulations, international laws and conventions, and their applicability/application in international disputes.
IBA Annual Conference Mexico City 2024
By Yi-An (Ann) Lai. Alipay and the impact of e-payment systems resulting in new regulations in China and other jurisdictions.
This session will consider:
- how are fake artworks made using artificial intelligence (AI) and how can they be identified; and
- what claim an artist has against third parties where the artists’ works is being used to train AI models and those models are then used to create art works.
The AI battlefields - How to navigate and overcome the legal challenges
Jun 25, 2024
As in many other parts of the world, the age-old activity of gambling also finds various references in Indian history and mythology. While ancient texts such as the Rig Veda, Atharva Veda, Ramayana and Mahabharata caution against its harms, others such as the Katyayana Smriti, Manu Smriti and Narad Smriti support its regulated existence, citing its potential as a source of revenue for the Kingdom
Art disputes and mediation
Dec 13, 2021
Alongside mediation, conciliation and the Singapore Convention, this article addresses the lack of a uniform mediation Act and the rise of commercial mediation centres, and the future of commercial mediation.
How do copyrights and smart contracts increase the value of non-fungible tokens (NFT), the new digital media asset? What are mere lines of code minted on a blockchain, represent a living digital work on the internet. These new assets are making it possible for creators to imbue physical properties like scarcity, uniqueness, and proof of ownership to digital assets. So is copyright a valuable right here? Do any moral rights remain with the artist? There are new methods and means of monetisation of items that were previously lost to the depths of the internet. But how secure is the (smart) contract covering these rights? NFT’s have brought to the fore the value of smart contract, nevertheless, many challenges remain, specially the uncertainty of international standards, security and privacy issues, and concerns about transparency and anti-money laundering. What safeguards do NFTs warrant?
IBA Annual Conference Miami 2022
IBA Global Insight Aug/Sept 2019: In February, the European Commission blocked the merger between Germany’s Siemens and France’s Alstom, prompting renewed calls for reform to help industry compete on a world stage. Global Insight assesses the decision, the fallout and whether Europe should finally embrace its ‘champions’.
Political cartoons and satire have a long and powerful history of pricking our conscience and calling out authority. But around the world, this art form - and the artists who create it - are under threat. The panel will explore the political and economic forces behind the dramatic decline in political cartoons, the physical and legal threats to cartoonists, and efforts to defend the artform.
IBA Annual Conference Paris 2023
Apr 22, 2025
The latest research by the International Bar Association (IBA) Legal Policy & Research Unit (LPRU) into gender disparity in the law across the world is focused on Taiwan. The findings reveal that women are underrepresented at the top of the profession in…
Jul 22, 2024
Online bets have become one of the most interesting and lucrative markets of the entertainment industry. Nevertheless, the private sector operation is highly regulated in Colombia.
The panel will discuss the boundaries of the First Amendment and Fair Use as applied to television series, documentaries, docuseries, and videos. We will explore the legality of using (i) AI to create / recreate individual’s personality rights; (ii) personality rights in a television series/docuseries; (iii) to endorse goods/services; and (iv) how countries without a First Amendment deal with these issues.
IBA Annual Conference Miami 2022
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.
The use of artificial intelligence to create works of visual art has raised a host of questions about originality, authorship, and the marketplace. This session will explore the implications of AI on copyright, fair use, securities, and technology law.
IBA Annual Conference Paris 2023
The IBA's LPRU has published a report on the nature and prevalence of bullying and sexual harassment in the legal profession around the world, based on the findings of its extensive 2018 survey on the subject. It offers both observations and recommendations for action. The IBA hopes that the report will encourage law firms to revisit their policies and training for responding to and preventing bullying and harassment.
Traditional knowledge, cultural expression, genetic resources and the intersection with intellectual property (IP). This panel will look at copyright protection, patents, trademarks, ownership issues and acknowledgement. A broad range of IP rights relevant when looking to acknowledge and protect the centuries old cultural heritage of indigenous people and whether a sui generis system is the way forward.
IBA Annual Conference Mexico City 2024
Interview with Patricia O'Brien, UN Under-Secretary-General for Legal Affairs and Legal Counsel at IBA Annual Conference 2012, Dublin. Ms O'Brien shared her experiences and insights concerning global affairs and international law from her perspective as Under-Secretary-General and UN Legal Counsel. Followed by Q&A. The interview was conducted by former CNN anchor Todd Benjamin
Art exhibitions, in cultural institutions and/or public spaces, face growing interferences by governments, patrons, and/or lobbies regarding their content, scientific organisation, financing, and even their existence. The purpose of this session is to analyse such interferences, describe their legal grounds and goals, and explore the means to address them legally (freedom of speech, copyright, public financing law, etc.).
IBA Annual Conference Toronto 2025
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 13, 2011
After graduating in 1952, Sandra Day O’Connor couldn’t find a law firm willing to give her a job. Nearly 30 years later, she was the first woman appointed to the US Supreme Court, a historic milestone for women’s rights. IBA Global Insight speaks to the former Supreme Court Justice who was at the centre of the controversial election of George W Bush.
All Officers of Committees within the Section are expected to attend.
By invitation only: IBA Mid-Year Leadership Meetings 2023
Dec 02, 2020
Today, in an open letter to the Supreme Leader of Iran Ali Hosseini Khamene, the International Bar Association’s Human Rights Institute (IBAHRI), the Raoul Wallenberg Centre for Human Rights (RWCHR), the Center for Human Rights in Iran (CHRI).
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
Mar 02, 2022
The outgoing World Bank Senior Vice President and General Counsel, Sandie Okoro, tells In-House Perspective about the importance of access to justice, diversity and her work to ensure the Bank leads the charge on tackling racism and inequality head on.
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
Jun 01, 2024
Global General Counsel for Corporate & Investment Banking at Standard Chartered Bank, Samallie Kiyingi, speaks to In-House Perspective about her career in banking and finance, the challenges facing general counsel and how law can be used as a tool for good.
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
Jun 25, 2020
Dana Hall became General Counsel at Core Development Group, a major US solar energy company, just as the Covid-19 pandemic hit the United States. She tells In-House Perspective about adjusting to a new role during the onset of a pandemic, and how her in-house position allows her to focus on her passion for the clean energy sector and on climate solutions.
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
Nov 29, 2024
Karen Coppens, Global Head of Ethics and Special Adviser to the Chief Compliance Officer at corporate and investment bank Crédit Agricole CIB, speaks to In-House Perspective about her career in white-collar law and investigations, the challenges she has faced and why ethics and culture is important for business.
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
Mar 10, 2023
The International Bar Association's Human Rights Institute (IBAHRI) is concerned over reports of unfair and arbitrary treatment against the Republic of Uganda’s Supreme Court Justice, Dr Esther Kisaakye, following her handing down a dissenting judgment in a 2021 presidential election petition. Disciplinary...
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
Nov 04, 2022
The 2022 International Bar Association (IBA) Annual Outstanding Young Lawyer Award recipient has been named as Ghana’s Yorm Ama Abledu, Senior International Attorney at Centurion Law Group and Lecturer at the University of Professional Studies, Accra (UPSA), for her demonstrable passion...
This session is the annual roundtable discussion of hot topics in the world of intellectual property, communications and technology.
IBA Annual Conference Toronto 2025
Vroukje van Oosten Slingeland has worked for global financial institution ING, based in the Netherlands, for almost 15 years. She tells In-house Perspective about legal innovation at ING; reacting to the Covid-19 pandemic and remote working; and what her vision of the lawyer of the future looks like.
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
IBA Global Insight, Aug/Sept 2016 - As Amena Nosseir works to change ‘contempt of religion’ laws in Egypt, her maverick reputation is starting a free speech debate across the Middle East
Biennial Conference of the Section on Energy, Environment, Natural Resources and Infrastructure Law (SEERIL): A transformative era of action for the law and lawyers - implementing the energy transition and global sustainability
Aug 16, 2023
This competition gathers ten meaningful stories about our experiences as international arbitrators in a unique compendium, available for download.
Climate change requires critical actions in order to transform the world's energy systems, e.g. transitioning to clean energy sources (wind parks, solar panels etc.). Around the world, complex legal questions arise when it comes to financing this transition. The panel will navigate through issues such as how hybrid projects minimise risks, how to early secure land, how to establish pricing models, monitor risk constellations, and the role of IFIs, the EIB and similar bodies, etc.
IBA Annual Conference Mexico City 2024
Apr 09, 2020
The age-old story of grotesque corruption, state capture and Western complicity has repeated time and time again across Africa for generations. The latest revelations about Angola are simply another abject example of rule of law failure.
In recent years, the legal market has experienced important changes, where the business model, the career and the clients of the firms have impacted the strategy of firms. The pandemic accelerated many changes that firms had seen coming. This panel will review and discuss these latest changes, already implemented in Latin America and other jurisdictions, which define the law firm of today, together with the challenges that the legal profession will face in the near future.
IBA Annual Conference Mexico City 2024
Oct 08, 2020
IBA Global Insight October/November: Death of Justice Ruth Bader Ginsburg spurs battle for civil rights; IBAHRI calls for release of Belarusian prisoners, urges Iranian authorities to release lawyers and opposes crackdown on dissent in Zimbabwe; Media Freedom Panel supports Clooney's resignation as UK Special Envoy on Media Freedom; Assange extradition would threaten freedom of expression; Statement on trial of Khashoggi killers; In memoriam: George Bizos; Covid-19: use of face masks raises health questions
This session introduces the GRI-led alliance with leading LATAM law firms aimed at assessing how EU Sustainability Directives—such as the CSRD and CS3D—impact companies in Mexico, Colombia, Chile, and the wider region. With contributions from Legance as a European reference point, the study explores the readiness of Latin American companies to meet these evolving standards and how voluntary reporting has positioned them for EU market continuity. Key insights will highlight the critical role of legal advisors in embedding sustainability into corporate governance and procurement systems, as well as the importance of collaboration between legal and sustainability teams. Recent developments in Europe, including the Omnibus Directive, will also be addressed, offering contrast and context for how LATAM markets can adapt to ensure competitiveness in a tightening regulatory landscape.
ESG: the Brussels Effect at a crossroads
As the world of work changes and global best practices become mandatory, workplace fairness, equality and inclusion are important goals for every employer to pursue. Workplace discrimination occurs when an employee/individual is adversely discriminated against on account of race, colour, religion, sex, disability or genetic information. Using Nigeria as a reference, this article examines the boundaries in preventing and defending discrimination claims.
ESG: The Role of Lawyers Today and in the Future
Mar 27, 2023
The Taliban takeover in August 2021 unleashed an unprecedented crisis. Global Insight speaks to those involved in the IBA’s efforts to support the beleaguered country and its legal profession.
Panel of legal and financial advisers discuss the anatomy of an M&A deal in the sport sector, including what the value drivers are, what the key diligence items are and these differ from other M&A transactions
Young Lawyers Private Equity Forum
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