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© 2026 International In-house Counsel Journal Ltd. | ISSN 1754-0607 | Picture Credits: Freepix, Unsplash and by permission of the authors

Vol.16, No. 63, Spring 2023

Back issue

Vol.16, No. 63, Spring 2023

£125.00

Contents

Page 8329
A Current Look at the State of Inequitable Conduct and Other Equitable Concerns
Inequitable conduct is an “equitable defense to patent infringement that, if proved, bars enforcement of a patent. ” Therasense, Inc. v. Becton, Dickinson & Co. , 649 F. 3d 1276,...Read more
Portrait image of Xiaoguang Michelle Gao
Xiaoguang Michelle Gao
Associate VP - Assistant General Patent Counsel, Eli Lilly and Company, USA
Portrait image of Jordan Cowger
Jordan Cowger
Finnegan, USA
Portrait image of Melissa Santos
Melissa Santos
Finnegan, USA
Portrait image of Stacy Lewis
Stacy Lewis
Law Clerk, Finnegan, USA
Portrait image of Tom Irving
Tom Irving
Partner, Marbury Law Group, USA
Page 8345
Emergency Arbitration: An Indian Perspective
Premised on the cornerstone of party-autonomy and flexible dispute resolution, international arbitration has continued to evolve with changing times to ensure that it continues to build upon these cornerstones. In...Read more
Portrait image of Ajay Bhargava
Ajay Bhargava
Partner, Khaitan & Co LLP, India
Portrait image of Deepak Acharya
Deepak Acharya
Group General Counsel, Aditya Birle Management, India
Page 8353
A Brief Study on References and Requirements that Search Ethical Precepts in Human Interaction with Artificial Intelligence
Society is going through a moment of greater intensification of human interaction with systems that use artificial intelligence, systems that have brought countless benefits and facilities for the development and...Read more
Portrait image of Thiago Veloso
Thiago Veloso
Legal Director, Hydro Extrusion Brasil S.A., Brazil
Page 8367
Gone are the Days of Corporate Social Responsibility; These are the Days of Corporate Responsibility
Although the concepts of corporate governance have been with us for a long time, the actual implementation of it by the large corporations still provokes controversy. This concept may have...Read more
Portrait image of Professor Charles Chatterjee
Professor Charles Chatterjee
Senior Research Fellow, Global Policy Institute, UK
Page 8375
Why the Silence on Vertical Price Restraints?
Despite pronouncements that a “New Wave” of antitrust enforcement is underway, the Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) have exercised collective silence...Read more
Portrait image of Mark McCareins
Mark McCareins
General Counsel, Metals Service Center Institute, USA
Page 8379
Navigating Government-Imposed Sanctions in Administration
Prior to entering into administration, CargoLogicAir was the UK’s only maindeck freighter airline, which also secured a major contract to transport urgent medical supplies to combat COVID-19. CargoLogicAir is an...Read more
Portrait image of James Davison
James Davison
Partner, Restructuring, DLA Piper UK, UK
Portrait image of John Forrest
John Forrest
Head of Global Trade & Regulatory Affairs, DLA Piper, UK
Portrait image of Chris Parker
Chris Parker
Partner and International Co-Chair, Restructuring and Insolvency, DLA Piper UK, UK
Portrait image of David Fordham
David Fordham
General Counsel and Compliance Officer, Buchler Phillips, UK
Portrait image of David Buchler
David Buchler
Chairman, Insolvency Practitioner, Buchler Phillips, UK
Page 8391
Is China’s Increased Investment Elevating Latin America’s Risk Profile?
Economic initiatives within the Latin America region over the past two decades have led to a dramatic increase in investment from China, particularly within critical industries such as energy, infrastructure,...Read more
Portrait image of Drew Costello
Drew Costello
Partner, Forensic Risk Alliance, USA
Portrait image of Jordan Basich
Jordan Basich
Associate Director, Forensic Risk Alliance, USA
Portrait image of Brian Ross
Brian Ross
Associate Director, Forensic Risk Alliance, USA
Page 8401
New Priorities of Corporate Directors: Geopolitical and Technological Disruptions
This article highlights the rising geopolitical tensions and technological competition between the United States (and allied liberal democracies) and China (and certain other authoritarian regimes). These geopolitical challenges will impact...Read more
Portrait image of Donald Rosenberg
Donald Rosenberg
Former General Counsel, Qualcomm, USA
Portrait image of David Teece
David Teece
Executive Chairman, Berkeley Research Group LLC, USA
Portrait image of Kirti Gupta
Kirti Gupta
Senior Advisor, Center for Strategic and International Studies, USA
Page 8409
Section 112 Requirements for Life Sciences Patents
35 U.S.C. §112(a) of the US Patent Act is one of the integral parts of the quid pro quo patent system that balances the benefit of disclosure of the invention...Read more
Portrait image of Anagha Tendulkar
Anagha Tendulkar
In-house Patent Counsel, Cipla, India
Page 8419
India's New Regime of Personal Data Protection - Comprehensive yet Comprehensible…
India unveiled a draft of its Personal Data Protection legislation for public comments in November 2022. The proposed law christened as the Digital Personal Data Protection Bill, 2022 will be...Read more
Portrait image of Dev Bajpai
Dev Bajpai
Wholetime Director & Chief Legal Officer, Hindustan Unilever Limited, India
Page 8425
Arbitration: Salient Features of Multiparty Disputes
Multiparty disputes stand at a watershed. There is a widespread scholarly scepticism regarding the set up and conduct of arbitration. The worlds of multiparty disputes and business look towards each...Read more
Portrait image of Dimitrios Athanasakis
Dimitrios Athanasakis
Vice President - Corporate Counsel, Hill International N.V., Netherlands
Page 8437
Financial Services and Global Regulatory Requirements: Balancing the ease of electronic-communications usage with regulatory expectations
Rapid technology developments over the last twenty years have significantly limited the foundational principle that financial regulators should have the ability to monitor and enforce compliance with market rules. This...Read more
Portrait image of Paul Brabant
Paul Brabant
Partner and Managing Director, AlixPartners, UK
Portrait image of Anir Bhattacharyya
Anir Bhattacharyya
Partner, AlixPartners, UK
Portrait image of Gautam Sachdev
Gautam Sachdev
Partner, Alixpartners UK, UK
Page 8445
Needs, Challenges, and Obstacles in the Implementation of the EU Medical Device Regulation
The Medical Device Regulation (MDR) 2017/745 is a novel piece of legislation intended to govern the high-tech commercial domain of medical devices in the European Union to the highest possible...Read more
Portrait image of CarlosFrancisco Marin Barrios
CarlosFrancisco Marin Barrios
Consultant, Obelis Group, Belgium
Portrait image of Tancredi Vergani
Tancredi Vergani
Consultant, Obelis Group, Belgium
Page 8455
Themes and Trends Underpinning Proposed Changes to Australian Individual Tax Residency Rules
The law governing Australian individual tax residency has remained largely unchanged since the relevant legislation was first enacted in 1930. Almost 100 years later, global trends unthinkable in such times...Read more
Portrait image of Catherine Chivers
Catherine Chivers
Senior Manager - Strategic Advice, Perpetual Limited, Australia
Page 8465
Navigating Through EU Outsourcing Regulations when Considering Cloud Migration of Services
Financial Entities (FEs) outsource their information and communication technology services (ICT services) to cloud service providers (CSPs) to increase operational efficiencies by streamlining back office operations and reducing costs by...Read more
Portrait image of Sofia Skroubi
Sofia Skroubi
Head of Legal Europe, Regulatory & Commercial, FNZ Group, Sweden
Page 8471
Reflections on Fraud and Lawyer Ethics
Fraud is an intrinsic wrong that has an infinite variety of forms. The problem of fraud is endemic to a market economy. Common law legal and equitable doctrines have been...Read more
Portrait image of Michael Ambrosio
Michael Ambrosio
Professor of Law, Seton Hall University School of Law, USA
Page 8495
Recent Developments of Whistle-Blowers’ Protection Under EU Law, Trends and Ambiguities
In recent years EU has identified whistleblowing protection as a strong line of defence for safeguarding the public interest. Indeed, as shown in numerous public cases, whistle-blowers play an important...Read more
Portrait image of Enik Pogace
Enik Pogace
Head of Employee Relations Division, Bank of Albania, Albania
Portrait image of Natalie Peacock
Natalie Peacock
Associate, DLA Piper UK, UK