Committee publications
The Brazilian Supreme Court’s innovative approach towards patients’ lawsuits claiming access to gene therapies
Based on the guarantees provided by the Federal Constitution, many patients seek access to treatments through court orders, including medicines without marketing authorisation from the Brazilian health regulatory agency (Anvisa) or which are not reimbursed by the public health system (Sistema Único de Saúde or SUS). This phenomenon is called health litigation. However, the Brazilian Supreme Court (STF) recently innovated the approach towards lawsuits aiming for access to a specific gene therapy, Elevidys. The case pending before the STF is a precedent that may influence future strategies of pharmaceutical companies for commercialising high-cost medicines in Brazil, involving coordinated efforts among key regulatory entities.
Released on Feb 10, 2025
Hemp in Brazil: a promising omen coming from the judiciary
In 2022, a Brazilian startup filed a lawsuit seeking the adjudication of its right to cultivate hemp and market its parts in Brazil for medicinal and industrial uses. The Superior Court of Justice (STJ) ruled in November 2024 that hemp with low THC levels cannot be considered proscribed under Brazilian law, allowing its economic exploitation for medicinal and pharmaceutical purposes. This decision mandates ANVISA to establish regulations within six months. The ruling is unprecedented, differentiating hemp from psychoactive cannabis, and emphasising the need for public policies to manage cannabis varieties.
Released on Feb 10, 2025
Early months of the updated framework for novel foods and ingredients: proactive transparency – progress and challenges
The first months of implementing Anvisa’s RDC 839/2023, which updated the regulatory framework for novel foods and ingredients in Brazil, have already brought some practical challenges for the food industry. For example, the Resolution introduced proactive transparency measures by Anvisa, reinforcing and recognising the confidentiality of the dossiers and exclusivity for companies that can demonstrate that the approvals rely on trade secrets. The purpose of this article is to briefly set out some of the progress and challenges experienced so far, providing insights into expectations for 2025.
Released on Feb 10, 2025
Safeguarding innovation: why strong patent protection is crucial for advancements in healthcare
This article examines the critical role of having robust intellectual property rights (IPR), particularly patents, when driving innovation within the healthcare sector. It highlights that strong patent protection incentivises the substantial investments required for research and development (R&D) of new medicines, medical devices and diagnostic tools. While acknowledging concerns about access to affordable healthcare, the article emphasises the importance of respecting patent rights to ensure continued advance in medical science and the development of life-saving treatments. By analysing the relevance of having patent law and the potential consequences of the wrongful use of compulsory licensing, this article advocates for a system that prioritises the protection of intellectual property as a cornerstone in healthcare innovation.
Released on Feb 10, 2025
Voluntary assisted dying laws in Australia
Voluntary assisted dying (VAD) has become legal in all states and territories in Australia except the Northern Territory following many years of debate regarding this issue. The legislation considers eligibility, checks and balances that address concerns over safeguards for patients, and legal rights and obligations of health professionals. Australian case law has held that voluntary assisted dying is not suicide under crimes legislation, however, the procedure under the VAD legislation needs to be closely followed.
Released on Feb 10, 2025
Reproductive health, IVF and surrogacy: legal and ethical issues
Complex legal and ethical issues surround assisted human reproduction, IVF and surrogacy. When does life begin? Should parents be able to select embryos in order to choose sex? Should women have the human right of reproductive freedom? What about the rights of the parents, surrogate and children? This article discusses the law in Australia and some of the leading cases in Australia and overseas.
Released on Feb 10, 2025
Electric mobility in India: an aspirational dream or a foreseeable reality?
As the world looks towards a sustainable future, India stands at the verge of a major transportation upgrade, where the promise of e-mobility shines as a tangible, foreseeable reality. As India’s urban landscape faces the challenges presented by burgeoning environmental concerns, electric vehicles emerge as a compelling solution, bridging the gap between sustainable living and economic progress.
Released on Feb 7, 2025
Pakistan's leap into the future: National Freelancing Facilitation Policy 2023
Pakistan's Ministry of Information Technology and Telecommunication (MoITT) has drafted the National Freelancing Facilitation Policy 2023, a substantial initiative aimed at strengthening its digital economy. The objective of this policy is to establish Pakistan as a prominent global centre for freelancing, thereby augmenting the average yearly income of freelancers and making a substantial contribution to the country's influx of export remittances.
Released on Feb 3, 2025
Exploring the evolving frontiers of competition law: reflections from the 28th Annual IBA Competition Conference
A conference report from the 28th Annual IBA Competition Conference, held on 6–7 September 2024 in Florence, Italy.
Released on Jan 28, 2025
Introduction on export controls: economic sanctions
Export controls refer to the regulations that identify goods, technologies and services leaving a country’s borders to ensure compliance with objectives of national security, foreign policy and domestic economic interests. Economic sanctions involve measures imposed by governments to restrict trade or financial transactions with specific countries, entities or individuals for various reasons such as national security and economic interests.
Released on Jan 27, 2025
A landscape in transformation
A report on the discussion on legal technology held at the IBA’s 7th Annual European Start-up Conference in Stockholm, taking place on 13 November 2024. Participants discussed the challenges and opportunities present by artificial intelligence, embracing change and individual responsibility for professional development.
Released on Jan 27, 2025
Seventh Annual IBA European Start-up Conference, Stockholm: report on panel session: ‘To list, to sell or to flip to the US: succesful exit methods in Europe’
A report on the panel session ‘To list, to sell or to flip to the US: sucessful exist methods in Europe’. Participants discussed recent challenges in the initial public offerings market, the ‘dual-track’ strategy and the role of legal advisors among other interesting points.
Released on Jan 27, 2025
IBA ERF announces changes to officer positions for 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.
Released on Jan 27, 2025
IBA ERF activities for 2025
The year 2025 promises to be an exciting and dynamic one for the IBA European Regional Forum members. With a full calendar of events and initiatives, we look forward to engaging with our members. Here’s a preview of what’s ahead.
Released on Jan 27, 2025
Getting the best of directory submissions and how to work with your BD team
Directory submissions often feel like an administrative burden to be ticked off the list and moved on from, but they’re actually one of the most valuable tools for building credibility and strengthening your firm’s market position. In this article, the authors explore practical ways to streamline directory submissions, make collaboration more effective and ensure that your firm presents the strongest case possible.
Released on Jan 16, 2025
Webinar report: Law firms’ ESG decisions in our current geopolitical environments – a follow-up discussion after the US president elections
A report on the webinar ‘Law firms’ ESG decisions in our current geopolitical environments – a follow-up discussion after the US president elections’, held on 12 November 2024.
Released on Jan 16, 2025
News corner: China’s new Tariff Law and implementing regulation of the Law of the PRC on the Protection of Consumer Rights and Interests
On 26 April 2024, the Chinese State Council passed the Tariff Law of the People’s Republic of China, which came into force on 1 December 2024. The new law consolidates existing rules in different documents and certain practices in one administrative law.
Released on Jan 13, 2025
2023 Anti-Trust Law: new rules in China
After the unveiling of the revised Anti-Monopoly Law, amended on 2022 (the ‘AML Amendments’), 2023 has been a year of progressive antitrust legislation in China. A flurry of updated regulations and mechanism were published to further clarify the AML Amendments, absorbing the past enforcement experience, for the purpose of facilitating the implementation of the AML Amendments
Released on Jan 13, 2025
What you should know before the cross-border transfer of personal information in China
The Chinese data protection regime, along with extensive supplementary implementing regulations, exerts a comprehensive influence on data protection regulations with extraterritorial implications and significant impacts on companies conducting business in China, with a particular emphasis on the supervision of cross-border data transfers. Companies engaged in the processing of personal information of individuals residing within the territory of China during business operations may be subject to regulatory oversight, regardless of whether they are physically established in China.
Released on Jan 13, 2025
The changes in the registered capital system under the new Company Law
The Company Law of the People's Republic of China (the ‘Company Law’) is the fundamental legislation that governs the socialist market economy system. Since its initial publication in 1993, the Company Law has undergone five revisions or amendments. The sixth revision of the Company Law commenced in 2019. Following four discussions by the Standing Committee of the National People's Congress and extensive consultation with various sectors of society, the latest draft was formally reviewed and approved on 29 December 2023. It is scheduled to come into force on 1 July 2024.
Released on Jan 13, 2025
Rules on contract validity under the People’s Republic of China Civil Code
The Civil Code of the People’s Republic of China took effect on 1 January 2021. It consolidates a number of civil laws, including the general principles of civil law, property law, contract law, guarantee law, family law, succession law, tort law and specific clauses in the judicial interpretations of the Supreme Court of the People’s Republic of China.
Released on Jan 13, 2025
IBA Criminal Law Section at the 2024 IBA Annual Conference in Mexico City
The IBA’s Criminal Law Section (made up of the Criminal Law, Business Crime, Anti-Corruption and Asset Recovery Committees) has closed 2024 with another successful conference; this time in Mexico City, where around 5,000 delegates gathered to exchange ideas, discuss the latest hot topics in the legal world and – of course – experience Mexican food, music and culture (including a memorable trip to a Lucha Libre wrestling competition).
Released on Jan 13, 2025
Navigating the intricacies of tax residency in Zambia for corporate entities
This article examines the intricacies surrounding the concept of a ‘place of effective management’ in determining tax residency for foreign corporate entities in Zambia. While Zambia’s Income Tax Act incorporated the concept of a ‘place of effective management’ to align with international practice, the undefined concept creates uncertainty that leaves the concept open to various interpretations. This article further critiques the inadequacy of the guidance provided by Zambia’s tax authority on the concept and compares the concept of a place of effective management with the alternative concept of a ‘head or main office’ in achieving certainty in the determination of the tax residence of corporate bodies.
Released on Jan 8, 2025
International mobility in the United Republic of Tanzania
This article provides a high-level overview of the taxation landscape for entities seeking to establish their business or invest in the United Republic of Tanzania. The current landscape provides for taxes payable or which entities are liable to collect and remit to the tax authorities in the United Republic of Tanzania. The article also discusses the potential tax consequences should an entity seek to exit the country. In this regard, the article examines both voluntary and compulsory exit situations.
Released on Jan 8, 2025
Navigating the UAE’s new corporate tax landscape: key considerations for businesses
The United Arab Emirates (UAE) has historically been known as a tax-friendly jurisdiction, attracting multinational corporations, family offices, investors and individuals to the country. However, in response to evolving global tax policies and a strategic shift away from the reliance on hydrocarbon revenues, the UAE has undertaken significant tax reforms, including the introduction of corporate tax at the federal level in 2023. This article explores the UAE’s evolving corporate tax environment, examining key corporate tax considerations and recent developments that impact businesses operating within the UAE.
Released on Jan 8, 2025
Taxing times ahead: what foreign investors need to know about Bahrain’s tax reform
The Kingdom of Bahrain is undergoing a significant economic transformation as it moves away from its historical reliance on oil and gas reserves. In this respect, Bahrain has strategically diversified its economy, emerging as a prominent business hub within the Gulf Cooperation Council (GCC). This transformation is marked by recent tax reforms, including the introduction of value-added tax (VAT) and a domestic minimum top-up tax, reflecting Bahrain’s aim to establish its long-term economic stability. This article examines the tax environment in Bahrain and the implications for businesses aiming to establish or expand their presence in Bahrain.
Released on Jan 8, 2025
Corporate global mobility: flips by Israeli tech companies
One of the current trends within the Israeli tech startup environment is that startups are increasingly considering restructuring their corporate structures by placing a non-Israeli company at the top of their holding structure, often referred to as a ‘flip’. While this can involve various non-Israeli jurisdictions, it is particularly common for the resulting parent company to be based in the US. The reasons behind this trend include tax incentives, investor preferences and regulatory advantages. The typical process of a flip involves the transfer of rights by rightsholders in the Israeli company to a newly formed foreign parent company, often creating immediate tax implications for Israeli stakeholders. However, the Israel Tax Authority has the ability to offer a favourable tax decision in this regard that can exempt Israeli rightsholders from tax, provided certain conditions are met. This decision by the regulator may also have a potential impact on the company’s future exit strategies and tax obligations. The implications of flips should, therefore, be carefully considered by startups and investors.
Released on Jan 8, 2025
Kenya’s tax framework and international mobility
Kenya, an East African country, was recently ranked the top African country for expatriates and ninth in the world in this regard. As businesses and people move to Kenya, it is crucial that they understand Kenya’s tax landscape, including the applicable tax laws and incentives meant to attract investors. This article provides a general overview of the local taxation rules, some of the incentives and the key consequences for businesses and individuals moving to or from Kenya.
Released on Jan 8, 2025
Foreign investment in Oman
Oman, a Gulf nation, has emerged as an attractive destination for foreign investment. With a stable political and economic environment, coupled with favourable government policies and incentives, Oman offers significant opportunities for businesses. The government’s pro-business initiatives, including tax exemptions and incentives, have further enhanced Oman’s appeal. While corporate income tax is levied at a moderate rate, the absence of personal income tax and the recent suspension of withholding tax on dividends and interest make Oman an even more attractive proposition. Additionally, the country’s robust infrastructure, the ease of doing business, and the growing focus on diversification contribute to the overall investment climate.
Released on Jan 8, 2025
Taxation and the latest tax-related developments in Mauritius
This article provides an overview of the provisions relevant to taxation in Mauritius and discusses key recent developments in this area.
Released on Jan 8, 2025