Centre For Commercial Law Studies Research Articles

Thinking Like Entrepreneurs: Qlegal’s Experience of Teaching Law Students to have an Entrepreneurial Mindset

To advise a client you need to understand what they do. To provide truly innovative, client-centred advice, you also need to understand how they think. These observations are especially true when working with entrepreneurs who may be otherwise inclined to move forward with their business with or without legal guidance. Entrepreneurs are distinguished by their growth mindset and resilience, appetite for innovation and comfort with taking risks and doing things themselves. As the legal marketplace in the UK becomes increasingly competitive (due to legal technology and the growing number of alternative legal service providers), law students need to adopt an entrepreneurial mindset themselves, both to navigate the legal marketplacefor their own careers and to provide commercially aware legal services to their clients. Law schools need to teach law students to think like entrepreneurs, and commercial law clinics provide the natural setting. This paper adopts a qualitative case study approach to examine how qLegal, the pro bono commercial law clinic within the Centre for Commercial Law Studies (“CCLS”) at Queen Mary, University of London (“QMUL”) teaches students to develop an entrepreneurial mindset. We reflect on the importance of students learning about and developing this mindset, for their own professional development and to service the unmet legal needs of the start-up community. This paper will also highlight the challenges faced by qLegal staff, including our own legal training and experience, our obligations to real clients and our students’ expectations. We conclude by sharing examples of how we are currently teaching our students to have an entrepreneurial mindset and our ideas for overcoming our institutional challenges and improving our offering even more.

CISG Advisory Council Opinion No. 22

The CISG-AC started as a private initiative supported by the Institute of International Commercial Law at Pace University School of Law and the Centre for Commercial Law Studies, Queen Mary, University of London. The International Sales Convention Advisory Council (CISG-AC) is in place to support understanding of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the promotion and assistance in the uniform interpretation of the CISG. At its formative meeting in Paris in June 2001, prof. Peter Schlechtriem of Freiburg University, Germany, was elected chair of the CISG-AC for a three-year term. Dr. Loukas a. Mistelis of the Centre for Commercial Law Studies, Queen Mary, University of London, was elected secretary. The founding members of the CISG-AC were prof. Emeritus Eric E. Bergsten, Pace University School of Law, prof. Michael Joachim Bonell, University of Rome la Sapienza, prof. E. Allan Farnsworth, Columbia University School of Law, prof. Alejandro M. Garro, Columbia University School of Law, prof. Sir Roy M. Goode, Oxford, prof. Sergei n. Lebedev, Maritime Arbitration Commission of the Chamber of Commerce and Industry of the Russian Federation, prof. Jan Ramberg, University of Stockholm, Faculty of Law, prof. Peter Schlechtriem, Freiburg University, prof. Hiroo Sono, Faculty of Law, Hokkaido University, prof. Claude Witz, Universität des Saarlandes and Strasbourg University. Members of the council are elected by the council. At subsequent meetings, the CISG-AC elected as additional members prof. Pilar Perales Viscasillas, Universidad Carlos III, Madrid; prof. Ingeborg Schwenzer, University of Basel; prof. John Y. Gotanda, Villanova University; Prof. Michael G. Bridge, London School of Economics; prof. Han Shiyuan, Tsinghua University and Prof. Yeşim Atamer, Istanbul Bilgi University, Turkey, prof. Ulrich G. Schroeter, University of Mannheim, Germany, prof. Lauro Gama, Pontifical Catholic University, Justice Johnny Herre, Justice of the Supreme Court of Sweden, prof. Harry M. Flechtner, University of Pittsburgh, prof. Sieg Eiselen, Department of Private Law of the University of South Africa, and prof. Edgardo Muñoz López, Universidad Panamericana, Guadalajara, México. Prof. Jan Ramberg served for a three-year term as the second chair of the CISG-AC. At its 11th meeting in Wuhan, People's Republic of China, prof. Eric E. Bergsten of Pace University School of Law was elected chair of the CISG-AC and prof. Sieg Eiselen of the Department of Private Law of the University of South Africa was elected secretary. At its 14th meeting in Belgrade, Serbia, prof. Ingeborg Schwenzer of the University of Basel was elected chair and at its 24th meeting in Antigua, Guatemala, prof. Michael G. Bridge of the London School of Economics was elected chair of the CISG-AC. At its 26th meeting in Asunción, Paraguay, ass. Prof. Milena Djordjević, University of Belgrade, Serbia, was elected secretary, and she was reelected short after the 30th meeting in Rio de Janeiro. Prof. Pilar Perales Viscasillas of the University Carlos III of Madrid was elected chair of the CISG-AC after the 30th meeting in Rio de Janeiro.

States’ and Investors’ Views on ISDS Reforms – Closer than One Would Expect

The ISDS regime has received a number of criticisms in the last 15 years, which has led to the current reform efforts under the uncitral Working Group III. Unfortunately, investors do not have any concrete representation in that process, hence the need to fill this gap. In this context, in 2020 the School of International Arbitration at the Centre for Commercial Law Studies, Queen Mary University of London (QM), conducted a survey on investors’ views on the reform process (QM survey). This article uses the findings of the QM survey to compare States’ and investors’ views on the reform process. Despite being often represented as two conflicting and irreconcilable views, they are closer than one would expect. In light of this, it concludes by suggesting how one can use the QM survey results to focus reform efforts and achieve better results for all stakeholders.

States’ and Investors’ Views on ISDS Reforms – Closer than One Would Expect

The ISDS regime has received a number of criticisms in the last 15 years, which has led to the current reform efforts under the UNCITRAL Working Group III. Unfortunately, investors do not have any concrete representation in that process, hence the need to fill this gap. In this context, in 2020 the School of International Arbitration at the Centre for Commercial Law Studies, Queen Mary University of London (QM), conducted a survey on investors’ views on the reform process (QM survey). This article uses the findings of the QM survey to compare States’ and investors’ views on the reform process. Despite being often represented as two conflicting and irreconcilable views, they are closer than one would expect. In light of this, it concludes by suggesting how one can use the QM survey results to focus reform efforts and achieve better results for all stakeholders.

A genuinely European account of trade mark law

The third edition of Spyros Maniatis’ book on European trade mark law has, in ascending order of importance, a new publisher, a new title, two new co-authors and content which has been restructured as well as updated. The new publisher is Oxford University Press, which is to be congratulated for producing a handsome volume (albeit about 250g heavier, despite having fewer pages, due to a larger format). The new title, Trade Mark Law in Europe, is only subtly different to the old, Trade Marks in Europe: A Practical Jurisprudence, but nevertheless more accurately reflects the content. As for the authorship, the first edition in 2006 was a solo effort by Professor Maniatis, who is now Professor of Intellectual Property and Director of the Centre for Commercial Law Studies at Queen Mary University of London. For the second edition in 2009, he was joined by Dimitris Botis, who is now Deputy Director for Legal Affairs of the European Union Intellectual Property Office (formerly the Office for Harmonization in the Internal Market, Trade Marks and Designs) and the foreword was contributed by Alexander von Mühlendahl, who was Vice-President of OHIM from 1994 to 2005 and is now an attorney at Bardehle Pagenberg and a Visiting Professor at CCLS. For this edition the authors are joined by Dr von Mühlendahl and Imogen Wiseman of Cleveland. This time, Geoffrey Hobbs QC has contributed a penetrating foreword which is worth reading in its own right. Who knows, perhaps Mr Hobbs can be persuaded to join the team for the next edition? For there is little doubt that the task of writing a book on European trade mark law is now a very demanding one, which is why the authorial team has already quadrupled since the first edition.

Six characters in search of infringement: potential liability for creating, downloading, and disseminating .torrent files

Dr Gaetano Dimita is the Microsoft and IPI Lecturer in Intellectual Property, Innovation and Strategy, at the Centre for Commercial Law Studies, Queen Mary, University of London. He specializes in international and comparative IP law, with particular emphasis on copyright and networking technologies. Ten years into the file-sharing phenomenon, a number of key liability issues have been addressed by academic writings or clarified by court decisions worldwide. However, there are still a number of borderline scenarios traditional liability theories struggle to cope with. One of these borderline scenarios is connected to the BitTorrent sharing protocol. .torrent files do not include any part, not even insubstantial, of the protected materials they have been created to disseminate. Until the ‘swarm’ starts, no actual transmission of protected material takes place. Nevertheless, users and intermediaries might still be liable for the dissemination of the .torrent file per se. At the same time, however, the only way to determine whether a .torrent file is potentially infringing is to participate in the swarm of the file, thus creating a paradox that is difficult to solve. This article analyses the potential liabilities for creating, disseminating, downloading, hosting, indexing, and linking, .torrent files per se, without the consequential dissemination of any protected material. The scenario is far from being only theoretical: the internet is full of .torrent files, which are potentially infringing notwithstanding the absence of any actual transmission of protected material.

Patents, practical ethics and scientists

Peter Drahos is a Professor in the Regulatory Institutions Network, College of Asia Pacific, Australian National University and holds a Chair in Intellectual Property in the Centre for Commercial Law Studies, Queen Mary, London University.

The Weston Papers: intellectual property law and the origins of the Centre for Commercial Law Studies at Queen Mary, University of London

Despite the current prevalence of university courses in intellectual property law, the first UK academic Chair in the subject was created only thirty years ago. To commemorate this anniversary, this article draws upon primary sources from 1956 to 1980 to reveal the extensive role of the patent profession in a prolonged process that culminated in the establishment of the Herchel Smith Chair of Intellectual Property Law and the foundation of the Centre for Commercial Law Studies at Queen Mary, University of London.

Commercial Law: Perspectives and Practice. Essays in celebration of the 25th anniversary of the founding of the Centre for Commercial Law Studies by Professor Sir Roy Goode QC CBE FBA By J Lowry and L Mistelis [Lexis Nexis Butterworths London, 2006298pp. ISBN 1–40571–007–1. (H/bk or P/bk)

Commercial Law: Perspectives and Practice. Essays in celebration of the 25th anniversary of the founding of the Centre for Commercial Law Studies by Professor Sir Roy Goode QC CBE FBA By J Lowry and L Mistelis [Lexis Nexis Butterworths London, 2006298pp. ISBN 1–40571–007–1. (H/bk or P/bk)] - Volume 55 Issue 3

Researching globalisation

Professor Janet Dine (Director of the Centre for Commercial Law Studies at Queen Mary, London) writes of the anger which led to her book on "Companies, International Trade and Human Rights" (Cambridge, University Press, 2005). Article published in Amicus Curiae - Journal of the Society for Advanced Legal Studies. The Journal is produced by the Society for Advanced Legal Studies at the Institute of Advanced Legal Studies, University of London.

Cisg & Unidroit Principles: Crossing Cultures And Filling Gaps - 2004 Clive M. Schmitthoff International Commercial Law Seminar - 7th CISG-AC Meeting, organised by the Centre for Commercial Law Studies, International Commercial Law and Tax Unit, Queen Mary University of London in co-operation with the CISG Advisory Council - London (United Kingdom), 30 January 2004.

Journal Article Cisg & Unidroit Principles: Crossing Cultures And Filling Gaps - 2004 Clive M. Schmitthoff International Commercial Law Seminar - 7th CISG-AC Meeting, organised by the Centre for Commercial Law Studies, International Commercial Law and Tax Unit, Queen Mary University of London in co-operation with the CISG Advisory Council - London (United Kingdom), 30 January 2004. Get access Uniform Law Review, Volume 8, Issue 4, December 2003, Pages 874–875, https://doi.org/10.1093/ulr/8.4.874-a Published: 01 December 2003

Anonymising Personal Data

1The Centre for Commercial Law Studies, Queen Mary, University of London

The Second Schmitthoff Conference - "E-Commerce after the Bubble - Managing Legal and Regulatory Risk", London (United Kingdom), 1-2 November 2001 - Conference organised in memory of Anna Morner by the Centre for Commercial Law Studies (CCLS).

The Second Schmitthoff Conference - “E-Commerce after the Bubble - Managing Legal and Regulatory Risk”, London (United Kingdom), 1–2 November 2001 - Conference organised in memory of Anna Mörner by the Centre for Commercial Law Studies (CCLS). Uniform Law Review, Volume 6, Issue 1, January 2001, Page 111, https://doi.org/10.1093/ulr/6.1.111 Published: 01 January 2001

Legal Issues In Electronic Banking - Conference organised by the Law Centre for European and International Cooperation Koln / Rechtszentrum fur europaische und internationale Zusammenarbeit (R.I.Z.), Cologne (Germany), 5-6 April 2001, in cooperation with the Centre for Commercial Law Studies (London (United Kingdom)), SMU Institute of International Banking and Finance (Dallas, United States of America)), the American Bar Association.

Legal Issues In Electronic Banking - Conference organised by the Law Centre for European and International Cooperation Köln / Rechtszentrum für europäische und internationale Zusammenarbeit (R.I.Z.), Cologne (Germany), 5–6 April 2001, in cooperation with the Centre for Commercial Law Studies (London (United Kingdom)), SMU Institute of International Banking and Finance (Dallas, United States of America)), the American Bar Association. Uniform Law Review, Volume 6, Issue 1, January 2001, Page 105, https://doi.org/10.1093/ulr/6.1.105 Published: 01 January 2001

International Commercial Arbitration Summer School - Centre For Commercial Law Studies (Ccls), Queen Mary And Westfield College, University Of London, Cambridge (United Kingdom), 16 - 19/20 September 2001.

Journal Article International Commercial Arbitration Summer School - Centre For Commercial Law Studies (Ccls), Queen Mary And Westfield College, University Of London, Cambridge (United Kingdom), 16 - 19/20 September 2001. Get access Uniform Law Review, Volume 6, Issue 1, January 2001, Page 122, https://doi.org/10.1093/ulr/6.1.122 Published: 01 January 2001

The Second Schmitthoff Conference - "E-Commerce after the Bubble - Managing Legal and Regulatory Risk", London, 3-4 May 2001 - Conference organised in memory of Anna Morner by the Centre for Commercial Law Studies (CCLS).

The Second Schmitthoff Conference - "E-Commerce after the Bubble - Managing Legal and Regulatory Risk", London, 3-4 May 2001 - Conference organised in memory of Anna Morner by the Centre for Commercial Law Studies (CCLS).

Centre for Commercial Law Studies - Queen Mary and Westfield College, University of London (United Kingdom).

Journal Article Centre for Commercial Law Studies – Queen Mary and Westfield College, University of London (United Kingdom). Get access Uniform Law Review, Volume 5, Issue 3, August 2000, Pages 529–530, https://doi.org/10.1093/ulr/5.3.529 Published: 01 August 2000

Schmitthoff Conference 2000: "Law and Trade in the 21st century" - "Legal Problems in International Business at the Dawn of the New Millennium", London (United Kingdom), 1-3 June 2000, organised by the Centre for Commercial Law Studies (Queen Mary and Westfield College, London University).

Schmitthoff Conference 2000: “Law and Trade in the 21st century“ – “Legal Problems in International Business at the Dawn of the New Millennium“, London (United Kingdom), 1–3 June 2000, organised by the Centre for Commercial Law Studies (Queen Mary and Westfield College, London University). Alexei G. Doudko Alexei G. Doudko *Rapporteur, International Commercial Arbitration Court at the Russian Federation Chamber of Commerce and Industry.. Search for other works by this author on: Oxford Academic Google Scholar Uniform Law Review, Volume 5, Issue 2, April 2000, Pages 286–293, https://doi.org/10.1093/ulr/5.2.286 Published: 01 April 2000

Schmitthoff Symposium 2000 - "Law and Trade in the 21st century" - "Legal Problems in International Business at the Dawn of the New Millennium", London, 1-3 June 2000, organised by the Centre for Commercial Law Studies (Queen Mary and Westfield College, University of London) to launch the activities of the Schmitthoff Foundation.

Schmitthoff Symposium 2000 – “Law and Trade in the 21st century” – “Legal Problems in International Business at the Dawn of the New Millennium”, London, 1–3 June 2000, organised by the Centre for Commercial Law Studies (Queen Mary and Westfield College, University of London) to launch the activities of the Schmitthoff Foundation. Get access Uniform Law Review, Volume 4, Issue 3, August 1999, Pages 701–703, https://doi.org/10.1093/ulr/4.3.701-a Published: 01 August 1999

Cross‐Border insolvency: The judicial approach

International Insolvency ReviewVolume 6, Issue 2 p. 99-113 ArticleFree Access Cross-Border insolvency: The judicial approach Sir Peter Millett, Sir Peter Millett A Lord Justice of Appeal of the United Kingdom. This article is based upon a lecture delivered in Lincoln's Inn on 5 February 1997 on behalf of the Centre for Commercial Law Studies, Queen Mary and Westfield College.Search for more papers by this author Sir Peter Millett, Sir Peter Millett A Lord Justice of Appeal of the United Kingdom. This article is based upon a lecture delivered in Lincoln's Inn on 5 February 1997 on behalf of the Centre for Commercial Law Studies, Queen Mary and Westfield College.Search for more papers by this author First published: 09 January 2007 https://doi.org/10.1002/iir.3940060202Citations: 4 AboutPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL Share a linkShare onFacebookTwitterLinkedInRedditWechat Citing Literature Volume6, Issue2Summer 1997Pages 99-113 RelatedInformation