Brexit: Where Do We Stand? Conference Report

 Leonardo Pasqui, Erasmus + Trainee at King’s College London

The text below is a report of the Young European Lawyers (YEL) event, held at King’s College London (KCL) on 19 October 19 2018. The event was introduced by Professor Andrea Biondi, Director of the KCL Centre of European Law. The panel included Dr Maria Laura Marceddu, Dr Simon Tans, and Dr Gabriele Gagliani

The three speakers discussed the uncertainties arising out of Brexit in trade related fields: the future relations of the United Kingdom (UK) with the European Union (EU), the freedom of movement of workers, and the rules on intellectual property.

At the outset, the speakers clarified that they acknowledge and respect the will of the British people to leave the EU. Their presentations should thus be read as neutral legal considerations of the consequences of the Brexit vote. Continue reading

WE MADE IT!

We made it! In the academic year 2017-18, the KSLR Commercial & Financial Law Blog has doubled the number of posts published compared to the previous year!

A big THANK YOU to all of our contributors and followers!

We’ll keep up the good work!

The KSLR Commercial & Financial Law Blog Team

Personal Insolvency: Towards Corporate Responsibility

Neta Nadiv, Lecturer and Academic Director of Legal Clinics at Harry Radzyner Law School, Inter Disciplinary Center, Herzlia

Introduction

Despite its importance and deep repercussions for society, Personal Insolvency rules (PI) receive little attention compared to corporate bankruptcy. Consequently, many fundamental questions regarding the purpose and likely impact of PI rules remain largely unaddressed.

In the following lines, I will discuss the little known – yet practically very important – recent shift of approach in the application of PI rules towards “corporate” responsibility, under which Courts tend to recognize special obligations binding corporate actors in PI proceedings.

To this aim, I will review some recent Israeli courts’ rulings –  particularly the District Court’s case in Shams.[1] This case is of defining importance in understanding the repercussions of the “corporate responsibility approach” in that the court adopts a broad outcome-based understanding of insolvency and rethinks the idea of equality of creditors. Continue reading

Competition Law & Intellectual Property Rights Interface

Nidhi Singh. Economics for Competition Law student at King’s College London – Practising Advocate with the Supreme Court of India

Introduction

Competition law and Intellectual Property law may at first appear to have different scope. However, the increasing number of cases involving Competition law and Intellectual Property Rights (IPR) matters proves otherwise. Specifically, the case-law of the Competition Commission of India (CCI) illustrates that the scope of these two disciplines may at times overlap and their aims collide.

In the following lines, I will discuss whether, and to what extent, a conflict may arise between Competition law and IPR. To this aim, I will sketch the Indian Competition law provisions regulating the exercise of IPR. Reference will then be made to Indian case-law regarding the jurisdictional issues arising from the overlap between Competition law and IPR. I will conclude by arguing that Competition law and IPR are not so irreconcilable as it may appear at first, and some balance can – and needs to – be found between these two disciplines.

Continue reading