Eye on IPBA

Eye on IPBA Issue #26, July 2016




Issue #26 July 2016

The IPBA Secretariat
Roppongi Hills North Tower 7F
6-2-31 Roppongi, Minato-ku, Tokyo 106-0032
Tel +81 3-5786-6796 FAX +82-3-5786-6778
E-mail: ipba@ipba.org

Topics: IPBA Membership News • IPBA Web Site Member Only Section • IPBA Committee News • Auckland 2017  •
IPBA Local and Regional Events • IPBA-Supported Events

Dear [[first_name]] [[last_name]] Esq.,
Hello from the IPBA! 
Has another month gone by already? During our busy lives, we may suffer from a shortage of time, but never a shortage of activities. The same is true for the IPBA:
  • We have three big regional IPBA events coming up this fall; read about them below. 
  • The Publications Committee is busy gathering articles and Members' Notes submissions for the IPBA Journal September issue (deadline for submissions is August 12th).
  • The hard copy Membership Directory layout has just gone to print! This will be mailed out in mid-August.
  • The IPBA Council is gearing up for the Mid-Year Council Meeting in Brussels, October 7-10, meeting over three days to discuss the business of association. The fourth day is dedicated to a Regional Conference that is open to the public; see below for more information.
Notice: The Secretariat will be closed on Thursday, August 11, for Mountain Day. We are available as usual during Japan's Obon holiday period (the week of August 15th).

IPBA Membership News

As with any organization, our membership numbers fluctuate all the time. We reached a peak of 2,000 members at the beginning of this century, and our low has gone down to around 1,200. As of today, we are between those figures with 1537 members. Among the four membership categories, the breakdown is as follows (all figures are based on the IPBA web site membership directory):

Standard 3-Year Term Young Lawyers Corporate Counsel Conference Option*
819 319 148 47 204

*Since the Annual Meeting and Conference in Vancouver 2014, non-members have the option to become a member when paying the full conference registration fee.

Of course, we also accept new member registrations at any time through the Secretariat or via the web site online registration form. Are your colleagues and friends interested in the IPBA? If they join us on or after September 1st, they can enjoy membership until the end of the following year: that means up to four extra months of membership for the cost of one year! Those who apply for membership in August will Secretariat will be given the option to wait until September 1st for processing. Now is a great time to invite others to join!

IPBA Web Site

The IPBA web site Member Only section is one of the many benefits of being a member. Be sure to make full use of it!

One of the main features of the Member Only section is the online Membership Directory. Although we also produce a printed version (see above), the online version is available to you at any time of the day or night.


Your directory profile shows only as much information as you put into it! Be sure to keep it updated if you change firms or add new professional experience to your resume.

If you have not already uploaded your photo to your profile, we encourage you to do so! It's hard to identify anyone who looks like the image on the left! A photo will help other members to recognize you at IPBA events, or help match a face to one of the hundreds of name cards that were received at the last conference. 

Registering for the upcoming Annual Meeting and Conference? You can find your Membership ID number next to your photo on your profile page. You are welcome to contact the IPBA Secretariat, too, but there may be a delay in our reply due to the time difference or if you contact us outside of our office hours.

IPBA Committee News

This month we have several updates on how diverse jurisdictions are handling international trade, telecommunications, media and technology issues!

There is too much information to publish the reports in their entirely in this short newsletter, so click the appropriate link at the end of each report to read more.

International Trade Corey Norton, Chair
From Brett Williams (Australia):

Trans-Pacific Partnership Agreement review by the Joint Standing Committee on Treaties
Now that the election is over and we have a new government, it is expected that the government will ask the Joint Standing Committee on Treaties (‘JSCOT’) of the 45th Parliament to review the Trans Pacific Partnership Agreement which was signed See entire report

Antidumping Practice
Some practitioners areinterested in the outcome of the EU’s appeal (filed 20 May 2016) to the WTO Appellate Body of the panel report in European Union – Anti-Dumping Measures on Biodiesel from Argentina (WT/DS473/R).  The report indicated the presence of a distortion in a market is not See entire report

Trade Facilitation Measures: Trusted Trade Programme
Australia is proceeding with measures to implement the WTO Trade Facilitation Agreement which will come into force when it is ratified by two-thirds of the Members of the WTO (at 15 July 2016, 86 of the 163 Members had ratified.)   The Department of Immigration and Border Protection is continuing to hold information sessions on See entire report

From Paolo Vergano (Belgium)
EU Customs Compliance
On 13 July 2016, the Internal Market and Consumer Protection (IMCO) Committee of the EU Parliament voted the adoption of a draft report with amendments to the proposed Directive on the legal framework of EU customs infringements and sanctions. On 22 November 2016, this long-awaited report will be presented at See entire report

EU-US Privacy Shield
On 12 July 2016, the European Commission announced the approval and launch of the new EU-US ‘Privacy Shield’. The Privacy Shield is intended to ensure the protection of transatlantic data flows handled by certified companies. Key elements of the Privacy Shield are See entire report

From Jesse Goldman (Canada):
Antidumping Practice
The Government of Canada has recently initiated wide-ranging consultations on Canada's trade remedy system. These consultations respond to the Canadian steel industry’s concern with the current Canadian legislative framework for trade remedies being ill equipped to deal with See entire report

The EU-Canada Comprehensive Economic Trade Agreement ("CETA") inches towards ratification and while Brexit may complicate timing for ratification, the agreement seems certain to be ratified by the end of 2016 or early 2017. The timing is somewhat unpredictable because of See entire report

From Jeffrey Snyder (United States):
International Trade Implications of Brexit – What Companies Should Do Now
The ramifications of the United Kingdom’s decision to leave the European Union will be significant for international trade, but as of today nothing has changed in practical terms. What does this mean for trade and other daily trade issues for global business? Not very much immediately, but See entire report

Tariff Phase-Outs for Technology Products
ITA II - Effective July 1 the United States has joined the EU, Malaysia, Taiwan, and Thailand in the phasing out of tariffs on 201 technology products under the Information Technology Agreement. Other participants, including China, Japan, and South Korea have not yet See entire report

Antidumping Duty Evasion
The Trade Facilitation and Trade Enforcement Act of 2015 creates new US law to address a variety of trade enforcement issues, including the establishment of formal duty evasion investigation and prevention programs; it establishes a Trade Law Remedy Enforcement Division charged with: (1) developing and administering policies to See entire report

Technology, Media & Telecommunications Barunesh Chandra, Chair

From Monika Singh (India):
Role of Central Board of Film Certification (CBFC): certification or censorship?!
Recently, the CBFC in India has been in the eye of the storm for ‘suggesting’ the deletion of kissing scenes in the James Bond movie 'Spectre' (in preparation of its India release) and more recently, demanding See entire report

From JJ Disini (Philippines):
NPC holds public consultations for Data Privacy Act Draft IRR
The National Privacy Commission (NPC) conducted a series of public consultations on the Implementing Rules and Regulations (IRR) of the Data Privacy Act. The series was scheduled on June 28, July 13 and July 14 in See entire report

Telecom lawyer appointed as first DICT secretary
Lawyer and ex-Globe executive Rodolfo “Rudy” Agapay Salalima will be the first secretary of the newly created Department of Information and Communications Technology (DICT). Prior to his appointment, he served as See entire report

Globe, PLDT file lawsuit against PCC over SMC telco deal
Telecommunications giants Globe Telecom Inc. and PLDT filed separate lawsuits against the Philippine Competition Commission (PCC) to prevent its review of their P69.1-billion buyout deal of See entire report

PLDT, Globe agree on IP peering for faster, more affordable internet
After six years of negotiations, PLDT and Globe finally agreed to sign an internet protocol (IP) peering arrangement. The peering arrangement will allow See entire report

IPBA President Activities

IPBA President Dhinesh Bhaskaran is busy this year representing the IPBA at various international events. In July he participated in the POLA conference, an annual meeting of the Presidents Of Law Associations in Asia, attended by the leaders of bar associations in Australia, China, Hong Kong, India, Indonesia, Japan, Malaysia, Mongolia, New Zealand, South Korea, and Taiwan; the International Bar Association; and LAWASIA. 

The meeting this year was held in Mongolia and sponsored by the Mongolian Bar Association. Dhinesh is pictured at right with the President of the Mongolian Bar Association, Mr. Gunbileg Boldbaatar.

27th IPBA Annual Meeting and Conference in Auckland: 
Connectivity & Convergence
April 6-9, 2017
  • Only 248 days to go until the first day of the conference! Register now at the Super Early Bird Rate, available until October 3rd, via the official conference web site.
  • Do you ever wonder what elements go into the conference logo? Here, we have the landmark Sky Tower (the conference venue is right at the base of this); an ocean wave (the total coastline of Auckland spans 3,702 kilometers!); and Rangitoto (a volcano just off the coast of Auckland). Come and see these things in real life next April in Auckland!
  • Check your passport! It must be valid for at least three months after your intended stay in New Zealand. Be sure to also confirm if you need a visa to travel to New Zealand, or a visa to transit through Australia.

IPBA Local and Regional Events

IPBA Arbitration Day
September 8th
IPBA Regional Conference in Brussels
October 10
IPBA East Asia Forum
November 10-11

Join us for the second year of this popular event.


"Government's role and regulatory tools in cross-border transactions Between Asia Pacific and Europe"

The speaker line-up is almost fixed! More details will be available soon.

Topics that will be discussed include:

  • Market restrictions in emerging economies
  • “Going out” – domestic encouragement of outbound transactions
  • Granting of market status economy to China
  • Security considerations in assessing and authorising foreign investment: is yoghurt a vital national asset? The reach and influence of CFIUS
  • Antitrust review as a political instrument? The Hutchison O2 case. Are SOEs amalgated to their shareholder-state?
  • Bidding wars : a case study of some landmark cases (Starwood, Syngenta, Club Med, Kuka and others).

Thank you to all who have expressed interest already in attending this event! Registration will soon be open.

IPBA-Supported Events

Dates Organizer Event Venue
September 21-23 Bar Council of Malaysia International Malaysia Law Conference: “Challenges of an ASEAN Community: Rule of Law, Business and Being People-Oriented" Kuala Lumpur, Malaysia
October 18-22 ABA Section of International Law Fall Meeting Tokyo, Japan
September 21-23 Malaysia Bar Council International Malaysia Law Conference 2016 Kuala Lumpur, Malaysia
October 24-25 marcus evans Corporate Counsel Asia Summit Kuala Lumpur, Malaysia

Check the IPBA web site for more events! IPBA members can enjoy discounted registration rates for these events.

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