Cognate's Trademark Blog

Blockchain & The Law: Roundup 29 September 2017

Welcome to the latest blockchain & the Law update from Cognate. It has been a little quieter, this past week, than we are used to. That said, do make sure you read about law firm Clyde & Co’s foray into the world of blockchain and their launch of a new consultancy earlier this week. We also reference an interesting article on blockchain and privacy as well as details of the release of the Australian securities regulator’s guidance framework for ICOs. Thankyou, as always, for reading.


Clyde & Co Launch Blockchain Consultancy 



Title: Blockchain Is 2017’s Opportunity for Lawyers

Author: SLAW

Date:  28 September 2017


Extract:  To get a sneak peek at what to expect, Addison Cameron-Huff spoke with Osgoode Professional Development’s Program Lawyer, Amy ter Haar about what it will take for the law to catch up with blockchain technologies.

While blockchain developers have been busy creating cryptocurrencies, smart contracts and enhancing transparency, the law is only beginning to catch up in its consideration of the proper treatment of these issues. What is it that lawyers need to understand right now about blockchain law?

The intersection of blockchain and securities law has been the most important trend for lawyers in this field. I published an article recently that looks at the CSA’s August Staff Notice about token sales. Securities regulators are paying attention and trying to figure out how securities laws apply to some of the innovative structures that people are coming up with.


Title: The Future of Blockchain: How Blockchain ledgers could help protect assets within a Delaware Series LLC

Author: Delaware Business Times

Date:  28 September 2017


Extract: Delaware is on the forefront of Corporate law. The most recent example happened on July 21 of this year, when Delaware Governor John Carney signed Senate Bill 69 into law which amended sections of the Delaware General Corporate Law (DGCL) to include blockchain (also known as “shared ledger”) amendments, giving legal efficacy to digital distributed ledgers. This new record-keeping technology is used for tracking owners of a business. Likewise, it could be adopted to benefit people who manage multiple businesses or assets through a Series LLC.


Title: Australian Regulators Vow to Work with Industry for ICOs

Author: Blockchain News

Date:  29 September 2017


Extract:   The release of the Australian securities regulator’s guidance framework for initial coin offerings (ICOs) is an important step forward for startups looking to crowd-fund a project using digital currencies, and could help further worldwide regulatory discussions on the issue.

On 28 September, the Australian Securities and Investment Commission (ASIC) released detailed information about the potential application of Australian corporations law to businesses that are considering raising funds through an ICO.

Danielle Szetho, CEO of Australia’s fintech industry association FinTech Australia, said ASIC’s announcement was recognition of the importance of ICOs as a mechanism for start-ups raising funds.


Title: Blockchains and the role of differential privacy

Author: Media Nama

Date:  28 September 2017


Extract:  “But in the case of permissioned ledger or private blockchain, you select a certain number of entities who have preferential rights to authenticate that transaction. So when we come to access, that’s where we come to the privacy bit. So what does this do in terms of security and in terms of confidentiality? On the security front – the database is replicated across different nodes and each can view the transaction – as a result, any change which is made to the database all the nodes in a system have to verify that and authenticate that change. So on the security front, it is a plus on existing centralized databases.”

Share This Blog Post:

Leave a Comment