CCLS Alumni Bulletin Winter 2012/13

AlumniCentre forCommercial Law Studies

Fifth Edition – Winter 2012/13

9European UnionIncreases its FightingMeasures AgainstCybercrime

8Fraud at TheHague? - Attacks onArbitration

10My Time at Queen Mary,University of London

4The CCLS CloudLegal Project

14Young ArbitrationReview

Bulletin

2 CCLS Alumni Bulletin – Winter 2012/13

Alumni Newsletter Editors

Please contact us if you have any comments or suggestions or if you would like to write an article for thebulletin.

Diane DennyCCLS Alumni and Development Director.Oversees the CCLS development and alumni office and isresponsible for the strategic direction of the Centre’s developmentprogramme and alumni relations.Tel: +44 (0) 20 7882 8058 email: [email protected]

Katherine ZaimCCLS Alumni and Events Development Manager (Lincoln's InnFields).Development and alumni support at CCLS. Organises CCLS public events, conferences, summer schools and seminars.Tel: +44 (0) 20 7882 8481email: [email protected]

Dear CCLS Alumni

First of all, thank you to all alumnistudents who generously contributed tothis issue.

We have now completed therefurbishment and expansion of ourLincoln’s Inn Fields campus and ournew students were able to start enjoyingbigger and better facilities fromSeptember 2012. Please do drop byand have a look at our new premises ifyou are around. The Centre continues togrow and we welcomed almost 15%more postgraduate students to ourcourses this year than we did in 2011.Our wide range of LLM subjects nowincludes over 90 different modulesincluding new modules on Law andEconomics and Insurance Law. For2013 we intend to expand our rangefurther by introducing a Shipping Lawmodule.

To coincide with the expansion of ourpremises and facilities, a number of newmembers of staff have been appointed

and you can read more about them inour ‘Did you know?’ section. You canalso read all about CCLS’s Paris LLMprogramme, which started in January.

On 10th December 2012 we started anAlumni Reunion Party in the Octagon atthe Mile End campus and had thepleasure of welcoming back around200 of our alumni students. We hopethat you will be able to join us next year.

We have an extensive programme ofcourses planned for 2013 and we hopethat you will want to be a part of someof them. The “New Voices inCommercial Law” series, a forum fordebate and an opportunity for earlycareer academics with outstandingpotential to talk about their research,led by Dr Andromachi Georgosouli,continues with more seminars inFebruary and March. Other eventsinclude weekend workshops onnegotiation skills, and a very excitingBanking Law event on 26th June inOttawa, Canada.

I hope that you will enjoy reading this5th issue of the CCLS Alumni Bulletinand will continue contributing to itsarticles!

With all good wishes for 2013

Professor Spyros M ManiatisDirector, Centre for Commercial Law StudiesQueen Mary, University of London

Welcome from the Director

If you would like any further information, to update your contact details or to contribute an article to the bulletin please email us at [email protected] or telephone Katherine Zaim at the CCLS alumni office on 020 7882 8481.

This publication has been produced by Marketing and Communications for the School of Law – QM12-0008. The information given in thispublication is correct at the time of going to press. The College reserves the right to modify or cancel any statement in it and accepts noresponsibility for the consequences of any such changes. Any section of this publication is available upon request in accessible formats (large print, audio, etc.). For further information and assistance, please contact: Diversity Specialist, [email protected], 020 7882 5585.

3

4

8

10

Articles inthis issue:4 The CCLS Cloud Legal Project: a Major

Contribution to our Understanding of aRapidly Evolving Landscape.Dervish Tayyip, LLB, Class of 1988

8 Fraud at The Hague? - Attacks onArbitrationDr. Sabine Konrad, K&L Gates LLP,Frankfurt on Main, Germany.Postgraduate Diploma in International Commercial Arbitration,Class of 2006

9 European Union Increases its FightingMeasures Against CybercrimeJulie Rabischung, LLM in Computerand Communications Law, Class of2012

10 My Time at Queen Mary, University ofLondonYue Fan (Joy), MSc in Management ofIntellectual Property in the Law, Classof 1994

11 CCLS Successfully Launches New LLMProgramme in Paris

13 Call to Alumni Students

14 Young Arbitration Review

Regular Features

06 Ask the Professor

07 Alumni Profile

11 Did you know?

12 Events

13 Careers & Networking

15 On the Bookshelves

16 Alumni News

All views represented in these articles arethose of the writers and contributors.

9

14


5 6

CCLS Alumni Bulletin – Winter 2012/13


The CCLS Cloud Legal Project: a MajorContribution to our Understanding of aRapidly Evolving Landscape.

The Cloud Legal Project is in its third yearand its goals are three-fold: (1) to helpreduce legal and regulatory uncertainty andto thereby facilitate the development of thecloud computing marketplace; (2) todemonstrate thought leadership in complexand difficult areas critical to governments,businesses and consumers; and (3) toproduce and disseminate a series ofscholarly yet practical research papers.These are ambitious goals since cloudcomputing is not yet a settled field.Notwithstanding my attempt at defining it’smeaning in the preceding paragraph, noteveryone even agrees what the term “cloud

computing” means never mind what itsimplications are. It raises all kinds of legaland regulatory issues. This is particularly soin heavily regulated jurisdictions, such as inEurope, where there are strict rulesconcerning data use and sharing. It’s alsomore than simply about all the data centresthat the large technology vendors such asMicrosoft and Google are building;embedded devices and chips are also partof the cloud. In fact, anything that can talkto anything else as part of a networkpotentially becomes part of “the cloud”.

During an initial three-year period, theproject has looked at a number ofdimensions. These have includedinformation ownership in the cloud andspecifically what happens when a user putsdata onto a cloud platform, in terms of whatrights are needed to process, store,replicate and to disseminate the data. Whathappens when the user wants to get thedata back? In other words, all theintellectual property issues that may beimpacted when data is placed in the cloud.A paper on this was published in March2010 by Prof. Chris Reed.

Another area of focus has been serviceprovider contract terms and how these areevolving over time. This prompted twopapers, the first published in September2010 by Simon Bradshaw, Prof Christopher

Millard and Prof Ian Walden reporting onthis research entitled ‘Contracts for Clouds:Comparison and Analysis of the Terms andConditions of Cloud’. The second paperpublished in May 2012 by Kuan Hon, ProfChristopher Millard and Prof Ian Waldensummarises research into negotiated cloudcontracts.

Without doubt, the hottest topic related tocloud computing is related to privacy anddata protection. There are new ways inwhich the cloud will enable the collection,sharing, matching and dissemination ofdata which were not envisaged when mostprivacy and data protection laws were beingconceived. Added to this is a sub-set ofissues thrown up by transborder data flows,such as what happens when you want tomove personal data across borders,particularly from a jurisdiction with a highlevel of protection to a jurisdiction that doesthings differently. For example, the receivingjurisdiction may have a data protection lawbut may not be recognized by the firstjurisdiction as being an “adequate” level ofprotection. This may fundamentallyundermine the original idea that people hadfor the cloud – which is that geography andlegal jurisdiction should no longer berelevant factors in regulation because clouddata could be anywhere, it can bereplicated in any part of the planet. There is


Dervish Tayyip – Director, Law & Corporate Affairs, EMEA at Microsoft.LLB, Class of 1988.

Information technology is undergoing one of those seminal changes that arrive every twoor three decades to turn the tech world on its head. I’m referring to cloud computing.This is really just another way that the internet is becoming a computing platform. Cloudcomputing is a paradigm shift in how computer resources are acquired. It’s the deliveryof computing capability (whether of an application software variety, an infrastructuredelivery or otherwise) by a provider remotely over a communications link, allowing for noor only partial installation (of the software or the infrastructure) at the customer site.Through its Cloud Legal Project initiative, the Centre for Commercial Law Studies ismaking a major contribution to the understanding of the many legal issues that arisefrom this paradigm shift.

5

already a degree of “balkanization” of thecloud taking place because it turns out thatpeople are not prepared to easily give uptheir existing control and regulatoryjurisdictions. In an attempt to accommodatethat, we are seeing cloud vendors offer aversion of the cloud where there is someelement of geographical and jurisdictionalcontrol. Reflecting just how much of a “hot”topic this area is, it has so far prompted thepublication of four papers as part of theproject.

Also very relevant to all players in the cloudcomputing market is interoperability andcompetition law issues. These tend to comeup in the cloud because there aren’t, so far,very many players on a scale basis in cloudcomputing and there is probably no roomfor a large number for at least some of thefundamental cloud platforms. Indeed, thereare already some interesting patternsemerging. For example, most of the majorcloud players are US corporations andsome politicians outside the US don’t likethis. A paper by Laíse Da Correggio Lucianoand Prof Ian Walden reporting on thisresearch entitled ‘Ensuring Competition inthe Clouds: The Role of Competition Law?’was published in April 2011.

A difficult “hot” topic, particularly since9/11 concerns law enforcement access.

Users are concerned that other people mayget access to their data in the cloud.Widespread monitoring of communicationsand access to data goes on, sometimes ona very long arm reach basis, maybe even ona global basis. An example of this is theSWIFT case from 2006 which involvedpretty much all of the world’s major banks.A paper published by Prof Ian Walden inNovember 2011 addresses this areaentitled 'Accessing Data in the Cloud: TheLong Arm of the Law Enforcement Agent'.

Government use of technology and publicprocurement has also become very relevanton both sides of the Atlantic where therehave been some substantial shows of intentto save money, cut costs, and to stopcountries from going bankrupt by movinglots of public sector data into the cloud.Examples include the G-Cloud initiative inthe UK and the US Federal government’sCloud Computing Strategy. This is a veryinteresting direction and raises specificissues particularly in Europe where we havepublic procurement rules affecting how apublic sector entity procures technologyservices, including clouds, and what it cando with public sector data in clouds. Apaper by Kuan Hon, Prof ChristopherMillard and Prof Ian Walden published inApril 2012 describes and assesses the UKgovernment's pilot cloud computing

framework, G-Cloud v1, including lessonslearned, particularly contractual and otherlegal issues.

There are also plans to publish additionalpapers later this year on governancestructures in cloud computing andconsumer protection and online advertising.The first of these areas is particularlyinteresting as lots of businesses,governments and consumers are movingvast amounts of data into the cloud and thisis raising questions generally aboutgovernance in terms of cloud arrangements.For example, who ends up withresponsibility for what is in the cloud,particularly where you are likely to havecomplex structures with multiple partiesinvolved, lots of sub-contracting anddelegation and transfer of data going on.

The cloud computing industry is at a veryearly stage of development, even though itis building on components many of whichhave been around for a while. The CCLSCloud Legal Project is making a majorcontribution to our understanding of thisrapidly evolving landscape.



study criminology at the University of Toronto– a fascinating mix of sociology, psychology,philosophy, statistics, and even a bit of law.After completing my MA in 1982 I wasawarded a University of Toronto Fellowshipfor an LLM.

Robin: Technology law still looks like rathera jump!Christopher: The LLM had a substantialthesis requirement and the first challengewas to pick a topic. I was having a lot of funplaying keyboards in a student band at thetime so I considered music copyright, butmany people had beaten me to that. Then Istumbled across an early article on computerlaw. This was more like it! An exciting newfield - and a chance to become a relativelybig fish in what was then a very small pond.

Robin: Did you get around to practicing law?Christopher: I joined what is now CliffordChance in 1984 and qualified as a solicitortwo years later. The Thatcher governmentprivatised British Telecom in 1984 and Ifound myself immersed in communicationsregulation, in the UK and then internationally.That year also saw the UK’s first DataProtection Act, leading me into an area I amstill active in today. In 1989 I was the first lawfirm secondee to Oftel (now Ofcom). I can’ttell you much about that because I remainbound by the Official Secrets Act! I workedmainly on ‘logical separation oftelecommunication systems’, a noveltechnique at the time that enabled multiple‘virtual’ systems to be run on the samephysical infrastructure. We are tacklingrelated issues at CCLS today in the field ofcloud computing. In the mid-90s I was keptbusy by a couple of well-known InternetService Providers and by the end of thatdecade was specialising in ecommerceprojects. After more than 18 years at CliffordChance, I moved to Linklaters in 2002 andled the global privacy practice there until2008. Since then I have been Of Counsel toBristows with a focus on strategic privacyissues.

Robin: OK, so what happened to your planto become an academic?Christopher: An expanded version of my LLMthesis was published in 1985 as one of the

Robin: What first sparked your interest intechnology?Christopher: When I was eight my parentsgave me an ‘electronic engineer’ kit. Buildinga crystal radio seemed magical and I washooked. Currently, my favourite computerand communications devices, both about100 years old, are a restored player piano Iinherited from my grandfather and anantique AT&T brass phone I found in a junkshop in the US.

Robin: And the law?Christopher: I chose law for my first degreebecause I wanted to keep my options open.My LLB at the University of Sheffieldconvinced me that the law was for me. A yearlater, having passed the Law Society exams, Iresolved to try both academia and practice. Iwas awarded a Connaught Fellowship to

Ask the ProfessorRobin Callender Smith* interviews Christopher Millard, Professor of Privacy at the Centre for Commercial Law Studies



first comparative technology law books. I alsoco-founded the International Journal of Lawand Information Technology andInternational Data Privacy Law, bothpublished by OUP. Along the way, I taughtComputer Law at QMUL on a visiting basisfrom 1986 and set up theTelecommunications Law LLM module in1990. Combining that with a full-time job in aCity law firm was not easy and I was morethan happy to hand those courses over to mycolleagues Prof Chris Reed and Prof IanWalden when they arrived at QMUL. I havemade occasional contributions to theCyberspace Law and Ecommerce Law LLMmodules and now co-teach Privacy andInformation Law. I love teaching and with somany smart students at CCLS, it certainlykeeps me on my toes!

Robin: What is your main research interesttoday?Christopher: Since I joined the CCLS facultyas my ‘day job’ on 1st September 2008, Ihave focussed mainly on cloud computinglaw. This has turned out to be every bit aschallenging and fascinating as computer lawwas 30 years ago. Our Microsoft-fundedCloud Legal Project** is now in its 4th yearand we have just started an EU-fundedproject on Cloud Accountability (A4Cloud).There is a lot more work to be done in thatfield.

Robin: What impact do you think technologywill have on the practice of law? Christopher: When I requested a PC in 1984,my bosses asked whether I wanted to be alawyer or a typist. The cliffordchance.comwebsite in 1995 and NextLaw in 1998 werealso controversial. Lawyers tend to be bothcautious and to think that what they do isvery special. Innovation is often resisted andconstant reinvention of the wheel canperpetuate inefficiency. However, as my goodfriend Richard Susskind has been arguing forover two decades, a great deal of whatlawyers do can, and should, becommoditised. I share his view thatinformation technology will be just asdisruptive to the legal profession as it hasbeen in many other sectors.

and Information Law

7


Miriam Greenwood OBE DL is a foundingpartner of SPARK Advisory PartnersLimited an independent corporatefinance business providing advice tocompanies and private equity. Miriam isalso a non executive director of OFGEMand a number of companies includingHenderson Global Trust plc, MithrasInvestment Trust plc and EclipseShipping Limited. In recognition of herservices to corporate finance she wasawarded the OBE in 2000.

Miriam first came to Queen Mary tostudy the LLB in 1975. “I really wantedto study law in London with very goodpeople and I wanted to be close to theprofessionals”. Being taught bypractising lawyers was very important tome. It was not just academic study anda purely philosophical approach to thelaw, we were taught the practicalelements and how to apply ourlearning.”

On completing her graduatequalifications, Miriam’s first choice ofcareer was to become a barrister andshe undertook two pupillages inchambers in London’s Lincoln’s Inn.Realising the challenges facing womenattempting to forge a career at thecommercial bar in the late 1970s, she

focused her attention on the City’sfinancial institutions. Initially facing whatshe describes as sometimes very directdiscrimination, Miriam’s persistence andability won through when she becamethe first woman hired into an executiverole at SG Warburg, the leading Londoninvestment bank, rising to SeniorGeneral Manager. What followed was adistinguished City career spanning over25 years being headhunted into a seriesof senior positions including: Head ofFinancial Institutional Business atDeutsche Bank; leading a managementbuyout of British Linen Advisers fromBank of Scotland and becoming its ChiefOperating Officer. She subsequentlyjoined the Board of Quayle MunroHoldings Plc to run their Debt Advisorybusiness, before taking the same role atBrewin Dolphin. With some veryfundamental changes taking place in theadvisory world for mid–size companies,Miriam decided that this offered anopportunity to set up an independentcorporate advisory business with four ofher senior colleagues. This is nowSPARK Advisory Partners and whilst onlyin business since the beginning of 2012,support from clients has been veryencouraging.

When reflecting on her time studyingcommercial law, Miriam says, ”theintellectual discipline of studying law inthe environment provided by theacademics and practitioners at QMUL,has been both the foundation andcontinuing strength of my career. When Iwas asked by Professor Sir Roy Goode,the founder of CCLS, to join itsDevelopment Board, the group ofindustry professionals tasked to help findexternal sources of funding to enable theCentre to grow, I felt honoured to havethe opportunity to help. I feel a strongsense of vibrancy and dynamism when Ivisit the Centre and I am sure that it willcontinue to be the foremost centre ofadvanced teaching and research inCommercial Law, attracting graduates ofthe highest calibre to its specialistprogrammes.”

Alumni ProfileRobin: What’s the next big thing intechnology law?Christopher: Current hot topics includegovernance of ‘big data’, social networks andthe cloud, as well as how best to updateprivacy laws in the EU and elsewhere to keepup with technology. Meanwhile, IP and medialawyers continue to grapple with thefundamental regulatory, commercial andsocial challenges presented by the Internet.Looking ahead, as computing becomespervasive, some say ubiquitous, we will needto deal with ever more complex issues at thehuman-machine interface. Robots canalready drive cars and manage complexfinancial and industrial processes and ‘smart’technologies are being rolled out in sectorsranging from energy to education.Meanwhile, computer and communicationsdevices are being embedded in people forpurposes ranging from healthcare tosurveillance. With the relentless growth insignificance of computers, communications,clouds and cyborgs, I am confident that therewill be no shortage of work in the future fortechnology law academics and practitioners.

* Robin Callender Smith, Queen Mary LLB1973, Queen Mary LLM 2010, Queen MaryPhD Candidate 2013, is a Barrister andInformation Rights Judge.

** Information about the Cloud Legal Projectis available at:

www.cloudlegal.ccls.qmul.ac.uk


Fraud at The Hague? - Attacks on ArbitrationDr. Sabine Konrad, Partner at McDermott Will & Emery Rechtanwälte Steuerberater LLP,Frankfurt on Main, Germany. Diploma in International Commercial Arbitration, Class of 2005



1 New York Times, 30 January 1913, “Accuse H.H.D. Peirce of Fraud at Hague“, 2 Report of the Committee of Expenditures in the Department of Commerce and Labor, 31 January 1913, 62d Cong. 3d session, Report No. 1425, p. 3, 3 See Decision of the Arbitrator, Mr. T.M.C. Asser, p. 456, http://images.library.wisc.edu/FRUS/EFacs/1902ap1/reference/frus.frus1902ap1.i0013.pdf4 Award between the United States and the United Kingdom relating to the rights of jurisdiction of United States in the Bering’s sea and the preservation of fur seals, 15 August 1893,RIAA XVIII, p. 263, 270, http://untreaty.un.org/cod/riaa/cases/vol_XXVIII/263-276

Russian Government had a right to seize theschooner James Hamilton Lewis and its crew.Damages were claimed by the owners of thevessel as well as the master and crew thereof.

In 1893 proceedings were commenced in theState Department, claiming damages on thepart of owners, master, and crew of the JamesHamilton Lewis. H.H.D. Peirce and Charles H.Townsend, "sealing experts," of the UnitedStates Bureau of Fisheries, prepared thecases for the parties interested and presentedthe claim on the part of the United Statesagainst the Russian Government at TheHague in 1902, which resulted in an award ofapproximately $50,000 in favour of the UnitedStates Government for the use of the partiesinterested, including Alexander McLean andMax Weisman, November 29, 1902. The saidH.H.D. Peirce and Charles H. Townsendpresented the claim of Max Weisman as theowner of the vessel James Hamilton Lewisbefore the tribunal at The Hague, when intruth and in fact the owner of said schooner atthe time of its seizure was Herman Liebes, ofSan Francisco. The said H.H.D. Peirce andCharles H. Townsend represented to thetribunal in the trial of said case that AlexanderMcLean, the captain of said vessel, was anAmerican citizen, when in truth and fact hewas a British subject and notoriously knownas a pirate.”(1913 Rothermel Report, p. 3, 4;Alexander McLean was the real life model forJack London’s Sea Wolf).

The report concluded with a recommendationto the US Senate:

“That the State Department take up withRussia the matter of the case of the JamesHamilton Lewis for the purpose of rectifyingthe wrong done by Liebes, C.H. Townsend,and H.H.D. Peirce against the Government ofRussia, a friendly power” (p. 3, 4).

An award in a State-State arbitration betweentwo of the most powerful nations at the timeobtained by fraud? An unthinkable allegation,but, after all, an allegation made by acommittee of the US Senate.

What had happened? The arbitration hadtaken place eleven years before in 1902. At

issue was the seizure of several whaling andsealing ships by the Russian Empire in theBering Sea outside Russia's territorial watersin 1891. The USA claimed that the seizurehad violated international law. Russiaadmitted the facts (including that the seizurehad taken place more than three miles fromshore) - a circumstance convenientlyforgotten by both the Rothermel Report andthe New York Times.

Russia defended herself arguing that the USAitself had claimed the same right to seizevessels in the 1890s.3 Indeed, the USA’sclaim that the Bering Sea was mare clausumand that the practice of seizing Canadian-British vessels had led to a previousarbitration. The Bering Sea Arbitrationbetween the US and the UK resulted in aresounding defeat for the US in 1893: thehigh seas remained free. The tribunal didhowever itself impose regulations on sealhunting as it had been asked to do by theparties.4

Unsurprisingly, the Hague tribunal agreedwith the Bering Sea tribunal and orderedRussia to compensate the USA who hadespoused the claims of the ship owners(Asser Decision, p. 457-458). No fraud at TheHague after all.

The 1902 arbitration was the very firstarbitration ever to be held in the Peace Palaceat The Hague. Its sole arbitrator, TobiasMichael Carel Asser, under whose name thearbitration is commonly known today, receivedthe Nobel Prize for Peace in 1911. Neitherprevented the Rothermel Report fromslandering the arbitration and the US agentstwo years later. It seems malicious attacks onarbitration are nothing new.

The North American Commercial Company,Isaac Liebes, the 1893 Bering Sea Arbitrationand the 1902 Asser Arbitraton feature in thecase-study for the 2012/2013 FrankfurtInvestment Arbitration Moot. The BestAdvocate will receive a scholarship for an LLMat Queen Mary School of International. Thecase-study as well as the details about themoot are available onwww.investmentmoot.org

On 30 January 1913, an article appeared in theNew York Times with the eye-catching heading"Fraud at Hague".1 Its subject was aforthcoming report of a US Senate Committee,the so-called first Rothermel Report of 31

January 1913. ThisRothermel report

alleged that theUnited States

had obtained a favourable

awardagainsttheRussianEmpire byfraud.2

The report went as follows: “Isaac Liebes,president of the North American CommercialCo., did correspond, combine, and agree withone H.H.D. Peirce, then Third AssistantSecretary of State of the United States, andCharles H. Townsend, “seal expert” of theUnited States Bureau of Fisheries, inpreparing, promoting, and collecting afraudulent claim in the case of JamesHamilton Lewis (the sealing vessel owned andoutfitted by said Isaac Liebes and HermanLiebes) and Capt. Alexander McLean, theaforesaid British Pirate. The said H.H.D.Peirce and Charles H. Townsend, asrepresentatives of the Government, presentedthe claims of said Alexander McLean, whowas master of the James Hamilton Lewis, asealing vessel owned by Isaac and HermanLiebes, and which said vessel wasfraudulently registered at San Francisco onthe 10th January, 1890.

In 1891 the said schooner, the JamesHamilton Lewis, commanded by saidAlexander McLean, was caught by a Russianvessel and under the claim that the crewheaded by the said McLean had raided theseal islands belonging to Russia. Disputesarose as to the question of whether the

9


European Union Increases its FightingMeasures Against Cybercrime

Cybercrime has become one ofthe major threats of the 21stcentury. More than one millionpeople worldwide becomevictims of cybercrime every day.

During both my computer crime andprivacy and data protection course modulesstudied as part of the Distance LearningLLM in Computer and Communications Lawat the CCLS, as well as during my internshipin the Association Together AgainstCybercrime, I’ve been concerned by thenew threats created by cybercrime andespecially by the growing attacks launchedagainst internet users. Indeed, the news isfull of data security breaches and identitythefts reports, such as the massive SonyPlaystation data theft in 2011 or the dailyreporting of cyber attacks against Facebookaccounts.

Almost all states across the world havetaken initiatives and adopted variousprovisions to fight cybercrime. In theEuropean Union, the Convention onCybercrime from 2001 has been created inorder to foster cooperation between theStates and to pursue a common policy

private sector in order to update andincrease their response to cybercrime. If thecooperation between the variousinvestigators of the European UnionMember States is necessary to fightcybercrime at a higher level, it isnevertheless fundamental, in my opinion,that ICT industries and private sectorCompanies work in coordination with theenforcement authorities to increase thesecurity of their infrastructures.

A complete response against cybercrime is,in my opinion the conjunction betweenthree elements: good training andcooperation between the enforcement andjudiciary authorities, high-levelinfrastructure security but also goodinformation provided to internet users, andespecially children, about the risks they arefacing online and how to efficiently protecttheir private information online.

If this new European Cybercrime Centre is asuccess, it might be the beginning of abetter enforcement of the Europeanprovisions against cybercrime and mightserve as a model for similar structures at aninternational level, in order to fosterharmonization in the fight againstcybercrime worldwide.

1http://ec.europa.eu/home-affairs/doc_centre/crime/docs/Communication%20-

%20European%20Cybercrime%20Centre.pdf

against cybercrime. Both the Directive from2010 on attacks against informationsystems and the Directive from 2011 onchild exploitation and child pornographyonline are also reinforcing the measures totackle cybercrime. Yet the implementationand the enforcement of these variousmeasures are difficult if not sometimesimpossible, due to the internationaldimension and the borderless nature ofcybercrime.

The Communication from the Commissionfrom March 20121 proposes the creation in2013 of a European Cybercrime Centre,placed inside the governance structure ofEuropol in The Hague and which will be afocal point in the fight against cybercrime inthe European Union. The Centre will focuson three major strands of cybercrime:cybercrimes committed by organized crimegroups and particularly those generatinglarge criminal profit such as online fraud;cybercrimes that cause serious harm totheir victims such as online child sexualexploitation and cybercrimes affectingcritical infrastructure and informationsystems in the European Union. One of thecore functions of the Centre will be aninformational role.

The Centre will have the mission to improveknowledge on cybercrime prevention,detection and prosecution but also to fostercybercrime reporting, information sharingand to encourage the cooperation betweenpublic and private authorities. It will alsosupport Member States expertise byoffering, via the creation of a cybercrimedesk, training to both law enforcement andthe judiciary to increase their expertise andtechnical knowledge. High-level forensicassistance and encryption expertise willalso be provided to support theinvestigations.

Still, according to the Communication fromthe Commission, the European CybercrimeCentre will therefore act as the collectivevoice of European Union cybercrimeinvestigators in their discussions with the

By Julie Rabischung, a junior lawyer in Intellectual Property and CommunicationLaw, France. LLM in Computer and Communications Law, Class of 2012.


My Time at Queen Mary,University of London

The 2012 London Olympic Gameshave brought me so much joy andexcitement. They have also broughtback to me all the sweet memories ofLondon and about Queen Mary &Westfield College (QMW), as it wasthen called. Seeing Hyde Park,London Bridge, the River Thames,Big Ben, double-decker buses,Trafalgar Square….and all that waspresented on the television screentook me back to 19 years ago when Ifirst landed in London from Beijingand started my pursuit of MSc inManagement of Intellectual Propertyin the Law Faculty of QMW.

Life in QMW was happy and unforgettable. Ilived in an on-campus dormitory withstudents from all over the world. We werelearning each other’s language, culture andcooking, and most importantly we becamegood friends. We helped each other instudy and in daily life. We shared our lifestories and our expectations for the future. Ilearnt to cook pasta, bake pizza and makeFrench toast for the first time in my life. Ifell in love with fish & chips, still one of myfavourite dishes.

Studying at QMW could be tough andchallenging, particularly for students likeme, whose first language is not English. Ifound it difficult to remember trademarkcases due to my lack of knowledge ofcertain brand names and the associatedproducts/services. Patent was a bigchallenge as well because I do not have ascience background; EU Competition Lawwas another mountain to climb…..However, with the help of my teachers andpeers, I managed to survive. Whatimpressed me the most was the assistancefrom Dr. Noel Byrne, the then head of theIP Unit. He understood our difficulties andvoluntarily offered to tutor five of theinternational students from Asia once aweek during his lunch break. I was deeplytouched by his kindness. I felt truly luckyand privileged. I successfully completed mystudies in summer 1994 and returned toChina. One thing I always regret today isthat I was not able to go back to QMW a fewmonths later to attend the graduationceremony.


I moved to Canada in 2000. My first jobthere was working for a UK company as theSenior Legal Assistant, assisting inmanaging part of the company’s trademarkportfolio worldwide. I successfully passedthe examinations and became a RegisteredCanadian Trademark Agent in 2004. I nowwork for the leading Canadian foodcompany Maple Leaf Foods Inc. asManager of Trademark & IntellectualProperty, managing the company’s entiretrademark portfolio and other IP relatedmatters in Canada and worldwide. Theknowledge I acquired from QMW providesme with a solid foundation to assess casesfrom a broader IP legal perspective, whilethe 12 years corporate IP experienceenables me to also think from the businessstandpoint and try to become a businesspartner, not just an IP adviser. I love my job.It gives me a sense of pride when I see anew product launched on the market underthe brand name that was searched, clearedand registered by me, a sense ofachievement when a contentious matterwas resolved with my effort, and a sense ofsatisfaction when I see consumers are loyalto the brands that passed through myhands.

QMW has become part of my life. It broughtme closer to the world of IntellectualProperty Law. It connected me to thewonderful people of QMW and to theclassic city of London. Going back toLondon to visit has always been my dreamand if that dream comes true someday,QMW will be the first stop on my journey.


Yue Fan (Joy), Manager of Trademark & Intellectual Property, Maple Leaf FoodsInc., Toronto, Canada. MSc in Management of Intellectual Property in the Law,Class of 1994.

Did you know ?Queen Mary, University of London became•a member of the Russell Group ofuniversities, with effect from Wednesday 1August 2012. QM was invited to join theRussell Group in March this year, inacknowledgment of the College’s qualityand status as a top-class research-ledinstitution. Queen Mary joins the RussellGroup alongside fellow new members, theUniversities of Durham, York and Exeter.Queen Mary is now one of 24 leading UKuniversities represented by the RussellGroup, that are committed to maintainingthe very best research, an outstandingteaching and learning experience, excellentgraduate employability and unrivalled linkswith business and the public sector.

In addition to the LLM in Computer &•Communications Law taught in London,CCLS also offers it as a Distance Learningoption. This innovative course is entirelytaught online using a virtual teachingenvironment which is used for deliveringcourse content and teaching by interactivechat rooms, posts on discussion boards andblogs. It is also a global course: a chat roomdiscussion or online negotiation exercise

To coincide with expansion of the CCLS•facilities a number of new members of staffwere appointed: Daria Akritidou,Receptionist & Clerical assistant; MayaDavis, Administrator for LLM Law andEconomics; Diane Denny, Alumni andDevelopment Director, covering for RozBristowe (maternity leave); Debbie DeGirolamo, Lecturer in Arbitration/Energy;Miriam Goldby, Lecturer in Insurance andCommercial Law; and Anna Gray, BusinessDevelopment/LLM Paris (based in Paris).

may be between a student in China, Brazil,Kenya and Germany!

Distance Learning is geared for working,•part-time students. It is flexible with coursecontent broken down into smallmanageable parts, allowing students tostudy in the evening and at weekends. Thisis ideal for busy professionals who haveonly 7-9 hours a week available to study.

Students have the option of meeting each•other and their course tutors in person atthe annual Distance Learning WeekendSeminar held at Cumberland Lodge inWindsor Great Park and enjoy presentationson Computer & Communications Law givenby academic staff and fellow students. TheFacebook site for the Distance Learningcourses in Computer and CommunicationsLaw, can be found athttp://www.facebook.com/computerlaw

For more information about the Distance•Learning LLM in Computer andCommunications Law, seewww.law.qmul.ac.uk/postgraduate/distancelearning

11


CCLS Successfully Launches New LLM Programme in Paris

CCLS’s new LLM in Paris was launched in June. A reception held inParis to mark the occasion was attended by guests from CCLS, theUniversity of London, the Paris Bar School (EFB) and Sciences Poas well as Paris-based law practitioners, representatives of theBritish Council and many others interested in the programme. Thekeynote speech presented by Lord Hoffmann, who will teach on theprogramme, was well received.

Developed by the Centre for Commercial Law Studies, the Paris LLMprogramme builds upon the success and reputation of the existingLondon based LLM. In bringing the expertise of Queen Mary’sSchool of Law to the heart of the French capital, the programmeoffers an in-depth immersion in a common law environment forthose unable to study in the UK.

Thanks to a long-standing partnership between Queen Mary and theUniversity of London Institute in Paris (ULIP), teaching will takeplace at ULIP’s premises overlooking the Esplanade des Invalides inthe 7th arrondissement.

The programme, which started in January 2013, will have twointakes per year – January and September. Courses will be taught inEnglish by distinguished Queen Mary academics, with visiting

lecturers from leading French law firms and other prestigiousschools and universities. English language support is also included.

Students will have the opportunity to develop academic andprofessional expertise in specialised areas of commercial law,through a wide range of modules on subjects including banking andfinance law, intellectual property, international dispute resolutionand economic law.

With a flexible model and specially tailored timetable of eveningclasses and intensive block teaching periods, the programme hasbeen designed to promote compatibility with students’ work andother commitments.

CCLS has also developed partnerships with the Paris Bar School(EFB), the French Association of In-house Lawyers (AFJE) andSciencesPo.

For more details, please visit:http://www.law.qmul.ac.uk/postgraduate/llmparis/

Or contact: Samantha Webb, Programme Administrator LLM Parisat: [email protected]

Application deadline: July 2013


Events

CCLS, 67-69 Lincoln's Inn Fields London WC2A 3JB

6 June 2013 Queen Mary Postgraduate Legal Research Conference 2013- Reinvigorating Legal Thought in Times of Change

University of Ottawa, Ottawa, Canada

26 June 2013 - 27 June 2013

Banking Law Workshop: Who Wants Big Banks?

Alumni Reunion

Conferences, Courses and Events



For further information on forthcoming events please see our website www.ccls.qmul.ac.uk/events

Venue TBCDecember 2013

Room 313, Queen Mary,University of London, Mile EndRoad, London E1 4NS

9 January 2013 Minorities, Pluralism and Law

Lecture Theatre, CCLS, 67-69Lincoln's Inn Fields

7 February 2013 New Voices in Commercial Law - Seminar 2

CCLS, 67-69 Lincoln's InnFields London WC2A 3JB

February - March 2013 School of Law Doctoral Research Seminar Series 2012-13

Lecture Theatre, CCLS, 67-69Lincoln's Inn Fields

14 March 2013 New Voices in Commercial Law - Seminar 3

Law Building, Queen Mary,University of London, MileEnd Road, London E1 4NS

12 April 2013 - 13 April 2013

2013 UK IVR Annual Conference - Legal Theory and Legal History: ANeglected Dialogue?

Room 313, Law Building,Queen Mary, University ofLondon, Mile End Road,London E1 4NS

6 March 2013 Legal Theory and Legal History Seminar - Legalism:Anthropology and History - Dr Paul Dresch

The Honourable Societyof Lincoln's Inn

14 January 2013 - 16 January 2013

EQE Training Programme on European Patent Law and Practice

13


We are looking for part-time tutors for ourDistance Learning Programme inComputer & Communications Law. Thisinvolves updating course materials,leading discussions in online chat roomsand on blogs, giving students feedback byemail and online, motivating students andanswering questions, setting exams andessay topics as well as marking them. Theworkload is about 4 hours each week over16 weeks. This is an exciting programme

and many of the students are practitionersworking in private practice or in industry inthe Computer & Communications Lawfield. There is no need for any real-timelecturing, however you may wish to recorda short audio-lecture file and upload it ontothe virtual learning environment. You willreceive assistance and support from theacademic team and co-teaching may alsobe an option.

Careers & NetworkingWe are looking for legal practitioners andacademics in the Computer &Communications law field. If you areinterested in doing some tutoring, pleasecontact Julia Hornle [email protected]

We hope that there could be a number ofways through which building a branch ofthe CCLS Alumni and Friends Associationin Paris would be mutually beneficial, andof interest to our alumni here.

We aim to:

• promote face-to-face alumni networking –with other alumni, new students andother legal professionals

• ensure you hear about any CCLS eventsand seminars taking place in Paris, andperhaps even offer the opportunity toattend certain courses here

• offer a route through which alumni canshare information on their latest workincluding, for example, through a ParisFocus section in the next Alumni Bulletin

• keep you up to date with developments inParis, including the LLM partnershipswhich so far include Sciences Po, theFrench Bar School and the FrenchAssociation of In-house Lawyers

• offer opportunities for alumni to becomeinvolved with CCLS activities here in Paris

In order to develop the association we reallyneed your feedback. What do you think ofthe idea? Would you like to be involved?

In the first instance, we would be reallygrateful if you could help us ensure that wehave up-to-date email and postal addressesfor you, and a sense of your interest in aParis branch of the CCLS Alumni andFriends Association. Since we are at thevery earliest stage of development of this

Call to Alumni Students

idea, we encourage you to participate andactively shape the new French ‘branch’. Ifyou have any suggestions, then we wouldbe delighted to hear them.

We shall of course keep you updated withdevelopments.

Anna Gray

[email protected]

Business Development Europe & LLM ParisAssistant Manager

Centre for Commercial Law Studies, QueenMary, University of London

To coincide with the recently launched LLM programme in Paris, wehope to extend the work of the CCLS Alumni and Friends Associationto Paris, and to set up a ‘branch’ specifically for those of our alumniwho are now based in the city, or elsewhere in France.




Dear Colleagues and Friends,

As former LLM students of Queen Mary– University of London, we would liketo address all those interested indispute resolution, and particularlyinternational arbitration, to participatein YAR - Young Arbitration Review.

YAR - Young Arbitration Review waslaunched in January 2011, in Lisbon,and it is now in its second year ofpublication.

As many of you may know, YAR is anon-line publication dedicated tointernational arbitration matters andtrends through the eyes of youngpractitioners and lawyers with expertiseand interest in international arbitration.Written in English by lawyers fromseveral jurisdictions and distributedworld wide, it is the first under 40international arbitration review createdand edited in Portugal.

YAR aims at the development ofarbitration as an alternative method fordispute resolution, thus being a uniquetool for informed and aware players todeepen their knowledge of arbitrationin an international perspective.

As Founders of YAR, we would like toinvite all LLM & PHD students, as wellas young professors, arbitrators,lawyers and all those working ininternational arbitration to share theirknowledge and views on hot topics ofinternational and domestic arbitration,and mediation.

Thus, we encourage all of you toparticipate and send us your articlesfor consideration, along with your CV &photo to the following e-mail address:[email protected]

You can also find more information inour website: www.yar.com.pt

LinkedIn Please join the Group if youhaven’t done so yet and invite yourfellow alumni to join.

We hope you enjoy reading YAR -Young Arbitration Review and welook forward to welcoming you on board.

Pedro Sousa Uva and Gonçalo Malheiro

YARYoung Arbitration Review

15CCLS Alumni Bulletin – Winter 2012/13


On the BookshelvesIntellectual Property Archive Librarian, Malcolm Langley, recommends thefollowing new book releases

You might like to know that QM Library catalogue now contains records for all the materialheld in the IP Archive, at Russell Square www.library.qmul.ac.uk/news/Mar2012/IPA

Gurry on breach of confidence: theprotection of confidential information, 2nded.Tanya Aplin, Lionel Bently, Phillip Johnson& Simon MalyniczOxford: Oxford University Press, 2012ISBN 9780199297665

New edition of the renowned Breach ofConfidence by Francis Gurry, the originalauthority in its field dealing with theBritish law of confidence.

Intellectual property enforcement: acommentary on the Anti-CounterfeitingTrade Agreement (ACTA)Michael BlakeneyCheltenham: Edward Elgar, 2012ISBN 9781849800037

Analytical treatment of the Anti-Counterfeiting Trade Agreement (ACTA)and its impact on intellectual propertyenforcement

Trade marks: law and practice, 3rd ed.Alison Firth, Gary Lea & Peter Cornford Bristol: Jordan, 2012ISBN 9781846612633

A concise account of UK trade marks lawwithin the European and internationalcontext

Ambush marketing and brand protection:law and practice, 2nd ed.Johnson, P. Oxford: OUP, 2011, ISBN 9780199696451

The only book specifically focussed onthe protection of major event sponsorshipand laws to control ambush marketing

Constructing intellectual propertyAlexandra GeorgeCambridge: Cambridge University Press,2012ISBN 9781107014619

Analyses the core concepts by whichintellectual property law is constructed

New frontiers in the philosophy ofintellectual propertyAnnabelle Lever (ed.)Cambridge: Cambridge University Press,2012ISBN 9781107009318

Collected papers from the conference atInstitute of Philosophy, University ofLondon that examine the justification forintellectual property

Making laws for cyberspaceChris ReedOxford: Oxford University Press, 2012ISBN 9780199657612

Proposes a new model for cyberspacelaws focusing on human actions ratherthan the technology used

Alumni News Winter 2012/13Krasimira Kadieva (LLM in InternationalBusiness Law in 2010) has recently set upher own CSR and sustainability consultingfirm called Eco Notion Ltd. (for moreinformation, please visit: www.econotion.bg).The company is located in Sofia, Bulgaria.Krasimira is the founder of this business andshe sees her role as helping organizationscreate, develop and implement successfulsustainable strategies and programs. She isalso involved in volunteering and pro bonowork is an immense part of Eco Notion’scorporate culture. Krasimira was involved as avolunteer in the International Water Bridge2012 project until 22 March 2012 (for moreinformation, please visit:www.waterbridge.info

Aemen Zulfikar Maluka (LLM Alumna inCorporate and Media Law) is launching adatabase devoted to Pakistani laws online,please see her website for more detailswww.joshandmak.com. Aemen is the ownerand founder of Josh and Mak LLP law firm inPakistan. She is a member of the IslamabadBar Association and an advocate of the HighCourt, Punjab Bar Council. She is also amember of the Energy Institute, London UKand a Door Tenant at Rowchester Chambers,Birmingham UK. Aemen is attributes hercareer success to her studies at Queen Mary,University of London.

Queen Mary Interdisciplinary Centre forCompetition Law and Policy (ICC) is a uniqueresearch centre aiming at the delivery of

world-class work in the field of competitionlaw and policy. It is run by a community ofstudents, scholars and practitioners fromQueen Mary and other institutions. The ICCGlobal Antitrust Review (GAR), which ispublished by the Centre every year, wasfounded in 2008 as a refereed student journaland represents another outstanding exampleof intellectual entrepreneurship at the ICC.The GAR aims to encourage and promoteoutstanding scholarship among youngcompetition law scholars by providing aunique platform for students to engage inresearch within the field of competition lawand policy with a view to publishing the outputin the form of scholarly articles, casecommentary and book reviews. The GAR isdedicated to achieving excellence in researchand writing among the competition lawstudents’ community around the world.Please see their website for previouspublications and if you are interested incontributing to the next edition:www.icc.qmul.ac.uk/GAR/issues

Dr Jennifer Farrell (QMUL School of Law PhDAlumna) was awarded the prestigious MitchellB Carroll prize for 2011 for her doctoral thesisentitled, “The Interface of International TradeLaw and Taxation: Defining the Role of theWorld Trade Organisation in the Field ofInternational Taxation”. The prize wasawarded to Jennifer at the opening ceremonyfor the 2011 International Fiscal Association(IFA) Congress which took place at the Palaisde Congrès in Paris on 11 September.

For more details about IFA, please seewww.ifa-uk.org During the congress, Jenniferalso gave a presentation on her thesis to theYoung IFA Network representatives attending.The Mitchell B Carroll prize was established byIFA in 1947 as a tribute to its first honorarypresident. It is awarded to a candidate of notmore than 35 years of age for an outstandingwork dealing with international fiscalquestions, comparative fiscal law or local fiscallaw. Jennifer Farrell is the first UK candidate towin the Mitchell B Carroll prize for more than30 years.

Ms. Zane Paeglīte, an associate, joinedSORAINEN, a regional law firm operating inBaltics and Belarus, in 2004. After graduatingfrom the CCLS in 2011 with LLM in Corporateand Commercial Law, Zane leads theCorporate Advisory Team of SORAINEN Latvia.Zane's key areas of expertise include companylaw, corporate governance and mergers andacquisitions. Another significant focus of herspecialisation is cross-border mergers, as shewas involved in structuring and implementingthe very first cross-border merger casesadvised by SORAINEN, thus also contributingto know-how of legal aspects of cross-bordermergers. Zane has authored articles onLatvian and EU company law and recentlyacted as a researcher for the project of theLondon School of Economics on the study ondirectors’ liability, commissioned by theEuropean Commission.


16CCLS Alumni Bulletin – Winter 2012/13

CCLS Alumni Bulletin Winter 2012/13

Documents

Transcript of CCLS Alumni Bulletin Winter 2012/13