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There will be four, 20-minute Substantive Legal Conversations with ITechLaw Committees. You can see the topics for these discussions below:
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Whether it is the Chinese App ban in India, the U.S. ban of Huawei, or the argument of digital sovereignty - we saw geopolitics shaping the technology business and regulations. During this session, we are joined by a team of experts to discuss how the borderless internet and technology is now affected by geopolitics.
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Ms. Roy is from Indian Economic Service and currently leads the Frontier Technologies and data management verticals at NITI Aayog, the government of India's premier policy think-tank. She led the development of the National Strategy on Artificial Intelligence, approach paper on AIRAWAT at NITI Aayog. Currently, she is drafting an approach paper on Responsible AI. In the government, she has worked at the Ministry of Finance, civil Aviation and has experience contributing to sectors such as infrastructure reforms, public-private partnerships, and finance. She is passionate about driving new initiatives and AI-based projects in Health, agriculture and education sectors in the Indian context. Ms. Roy received her education from Shri Ram College of Commerce, University of Delhi, India
Throughout most of 2020, we communicated to our professional and personal community almost exclusively through social media. In a lot of ways, the digital avatar has become our real identity. We have also witnessed social media’s impact on an increasing polarization of views, whether it was about the coronavirus or the new President in the United States. This international panel will discuss issues surrounding whether social media platforms should be regulated or not, taking inspiration from global perspectives and examples.
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Stefan Schicker is a strategic advisor for technology and online projects. You want to design digital business transformation successfully and legally compliant for your company? You want to efficiently protect your intellectual property rights and know-how? Stefan Schicker supports you with many years of practical experience in complex technology projects as well as technical know-how in combination with excellent legal expertise.
Sponsored by the ITechLaw I-WIN (Women's International Network) Committee.
The global pandemic skyrocketed HealthTech initiatives, and in doing so, elevated the field of FemTech. FemTech is applied technology focusing on women’s health. Global FemTech is anticipated to grow considerably in the next 5 years. Until very recently, discussion and action steps for promoting women's health issues have been colored with social stigma and misinformation. However, with digital health becoming a necessity, FemTech organizations are here to stay. This international panel will offer a bird’s eye view of how FemTech is evolving and what is in store for the future.
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Arya Tripathy is India qualified business lawyer, and Partner at PSA, a full-service Indian law firm in October 2020. Arya practices general corporate M&A, data protection, and privacy and employment laws, and has advised Fortune 100 and 500 companies across a spectrum of areas. She heads the firm's pro-bono practice, and works with several social impact incubators, accelerators and tech4good start-ups. During the pandemic, she worked pro-bono with 23 social and technology organizations to create a specialized COVID-19 Taskforce, that provides telehealth services to India’s marginalized community. She is the Junior Vice-Chair for IWIN and a member of Inter-Pacific Bar Association.
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Naemi is Chief Operating Officer at Ava, a global FemTech startup. She builds on over 10 years of experience in technology across different industries. Prior to Ava, as Chief of Staff, she focused on forming IBM’s Global Internet of Things Sales Division. Naemi is a trained dancer, holds a Master of Laws (LLM) in Mergers & Acquisitions from the Frankfurt School of Finance & Management and a BA in Law from the University of Zürich.
Dr. Geetha Manjunath is the Founder, CEO and CTO of NIRAMAI Health Analytix, and has led the company to develop a breakthrough AI solution for detecting early-stage breast cancer in a non-invasive radiation-free manner. Geetha holds a PhD from IISc and management education from Kellogg’s Chicago. She comes with over 25 years of experience in IT innovation. She has proposed and led multiple AI projects at Xerox Research and Hewlett Packard India. Before starting NIRAMAI, Geetha was a Lab Director for Data Analytics Research at Xerox India. Geetha has received many international and national recognition for her innovations and entrepreneurial work, including CSI Gold Medal, BIRAC WinER Award 2018 and is also on the Forbes List of Top 20 Self-Made Women 2020. She was recently awarded the Accenture Vahini Innovator of the Year Award from Economic Times and Women Entrepreneur of the Year 2020 by BioSpectrum India. Geetha is also an inventor of 16 U.S. patents and more pending grants.
Janine Reudt-Demont is a life sciences and healthcare specialist at NKF. Her experience covers the regulation of all aspects of the medtech and pharmaceutical industry. Janine also counsels clients on questions of data protection, distribution, product liability and product safety laws, including recalls. In addition to her advisory expertise, she regularly represents clients in court proceedings, arbitration, mediation and before administrative bodies.
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This panel will feature a team of experts discussing the PDP Bill 2019 and the impact it will have on the Indian industry and our lives.
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Aditi Agrawal is a Senior Correspondent Forbes India. She primarily focuses on questions of traceability, privacy, cybersecurity, intermediary liability and regulation of Big Tech. She has covered the developments around the Personal Data Protection Bill extensively. She has also reported on internet shutdowns in India, debates around encryption and traceability, the Pegasus hack amongst other things.
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Anivar Aravind is a Public Interest Technologist and Software Engineer based in Bangalore, India. Anivar's career started with Free Software activism and his passion progressed mostly to building communities and software products understanding technology and human rights. He worked on the technology industry and non-profits, ran startups, coordinated successful online campaigns in support of human rights defenders, experimented with grass-roots tech, defended threats to software freedom in India, and built rights-aware technology collectives. Anivar reanimated Swathanthra Malayalam Computing(SMC), an Indian language technology developer community that started in 2002, institutionalized it and part of its Governing Board from 2010. He is an Advisory Board Member of Software Freedom Law Center, India (sflc.in). Anivar current day job is in an eCommerce startup as head of products and engineering, building IoT-based offline first technology products for neighborhood Kirana (Small grocery) shops in emerging markets. He loves hacking free software, building technology infrastructure, researching and developing products, speaking at events and hosting workshops. His core skills are technology and growth strategy, product-focused engineering management, research and development of new ideas, building proof of concepts etc.
Charanya Lakshmikumaran, Lakshmikumaran & Sridharan attorneys, India
Arun advises extensively on matters relating to data protection and privacy including issues surrounding data collection, processing, protection and retention, in addition to the formulation of policies and best practices designed to mitigate the legal risks associated with the handling of data.
He writes, speaks, comments and consults extensively with various industry, government bodies and regulators in relation to developments in the rapidly evolving legal regime surrounding the regulation of personal and non-personal data in India, including the Right to Privacy judgments, Personal Data Protection Bill, 2019, non-personal data framework, information solicitation frameworks and sector-specific aspects such as relevant cybersecurity and localization requirements.
India is attempting to regulate the processing of non-personal data (NPD), which is an ambitious exercise no other country has done before. We are looking at the second draft of the report. Join us for this session to discuss the why, hows, and whether we need to regulate the NPD.
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Astha Kapoor is the Co-Founder of Aapti Institute, a public research institute that examines the intersection of technology and society. Astha works on data governance and stewardship and is currently building the data economy lab.
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Annabel Lee leads Amazon Web Services’ (AWS) public policy work on Data issues for APJ. She has deep subject matter expertise on data issues, including data protection, privacy and emerging technology, from both the industry and government perspectives. Prior to joining AWS, Lee was Senior Manager, APAC Policy at BSA | The Software Alliance, where she advocated on behalf of the software industry in the Asia-Pacific region on a range of regulatory and legislative issues including privacy, cybersecurity, and copyright. Lee was also Policy and International Manager in the Personal Data Protection Commission of Singapore, responsible for developing policy and advising both public and private sector organizations on data protection and privacy issues. Her key areas of focus included emerging technology, data economy, telecommunications, and financial sectors. She also held the international portfolio in the Commission for the Asia-Pacific and Europe regions. Lee was also responsible for the Singapore Government’s work on AI Industry Strategy, and worked on AI Governance issues, including the Singapore Government’s Model AI Governance Framework. Lee is a graduate of the London School of Economics and Political Science. She is based in AWS’ Singapore office.
Rahul Mattan, Trilegal, India
Rahul Matthan is a partner, Trilegal and heads the TMT practice. He currently serves on the firm’s management committee. Rahul has advised on some of the largest technology and telecom acquisitions in the country. He advises domestic and international corporations on a wide range of regulatory issues including in relation to privacy, map regulation, fintech, encryption, spectrum regulation, e-commerce, sharing economy, biotech, digital content and streaming media. He has been included in The Mint newspaper’s list of 25 People who Matter in Indian E-Commerce. Rahul has been involved in a number of policy initiatives including assisting the government in preparing the country's privacy law as well as its Unique ID law. He has previously served as a member of the Reserve Bank of India’s Committee on Household Finance. His latest book — Privacy 3.0: Unlocking Our Data Driven Future — is available for sale online and in bookstores everywhere.
Justin leads data privacy within Prosus—a Dutch global internet group and one of the largest technology investors in the world. In his role, he supports investee companies ranging from start-ups to mature multinational players on legal compliance, M&A, contracting, policy and training. Previously, Justin served as Assistant General Counsel for Privacy & International Policy at Yahoo!. He sat as an expert privacy advisor to the OECD’s Working Party on Information Security and Privacy in its 30-year review of the OECD Privacy Principles, and served as the 2020 Chairman of the Board of the IAPP.
This session will feature a team of experts discussing the evolving ways to regulate the cross-border transfer and law enforcement access in relation to the U.S. Cloud Act, Schrems II, and impending localization regulations in Asia.
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Dr. Annie Xue, GEN Law Firm, ChinaDr. Xue is a senior counsel supervising the compliance practice of GEN Law Firm. She specializes in regulatory affairs in cybersecurity and data protection, antitrust and anti-unfair competition, anti-commercial bribery, and Chinese social credit system. Dr. Xue has extensive experience in the said areas and a profound understanding of the complicated issues standing at the intersection of those topics. Dr. Xue studied competition law at the College of Law of the University of Illinois at Urbana Champaign and obtained J.S.D. degree. She also participated in many research topics led by law enforcement authorities and academia as a postdoctoral fellow at the Institute of Law of the Chinese Academy of Social Sciences, and actively contributed to the formulation of competition and data regulatory policies. Before joining GEN, Dr. Xue served as a senior attorney in two Chinese law firms. She authored many articles and reviews related to legal compliance and served as an editor of The China Competition Bulletin hosted by Australia and New Zealand Government College.
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Daniel Cooper, Covington & Burling LLP, BelgiumDan Cooper is a partner in Covington’s Brussels office. He advises clients on information technology regulatory issues, particularly data protection, e-commerce and data security matters. Dan also regularly assists leading technology and life sciences companies on their European and global compliance strategies. He also has deep experience with the regulation of mobile and e-health technologies. Dan is also known for his ability to guide clients through the issues arising from data breach incidents, and has advised a number of high-profile clients in this area. He is qualified to practice law in the United States, the United Kingdom, and Ireland.
Anthony D. Glosson, Kilpatrick Townsend, USA
DeBrae Kennedy-Mayo, Georgia Tech (Georgia Institute of Technology), USA
DeBrae Kennedy-Mayo is a Research Faculty Member at the Georgia Tech Scheller College of Business. Peter Swire, former Chief Counselor for Privacy in the Clinton Administration, and Kennedy-Mayo are the co-authors of the 2020 edition of the IAPP book entitled “U.S. Private Sector Privacy: Law and Practice for Information Privacy Professionals.” In addition, Kennedy-Mayo is co-author of the following publications: “India’s Access to Criminal Evidence in the US: A Proposed Framework for an Executive Agreement” (2020) and “India-US Data Sharing for Law Enforcement: Blueprints for Reforms” (2019). Kennedy-Mayo is also a Senior Fellow with the Cross-Border Data Forum - https://www.crossborderdataforum.org/.
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This session is available to any attendees who are in-house counsel.
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AI has shaped legal practice all around the world. During this session, experts from several jurisdictions in Asia will share their observations on how this has affected them in their respective locations. They will also discuss their views on future trends, issues, and challenges faced by the legal profession and industry players as licensing and litigation strategies evolve with the utilization of AI.
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Sheena is a leading technology lawyer with a strong technology, cybersecurity, media, privacy and data protection practice at CMS Holborn Asia. Sheena has been active in the cybersecurity and privacy field for more than 10 years. She also represents a significant number of industry players in the OTT media industry and has strong experience with cybersecurity and data localization issues across Asia Pacific. Sheena works closely with a team of technology lawyers and advises on regulatory issues in the media, telecoms and fintech sectors in South-east Asia. Sheena is ranked as a Top 20 Women in Cybersecurity and as a leading TMT lawyer in Asia and is known for her sound, commercial advice.
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Steven joined MediaTek in 2014 as Director of the Intellectual Property Division. With a focus on monetization and standards-related activities, Steven has continued to re-shape MediaTek’s intellectual property strategy to meet its evolving business needs and growing prominence in multimedia, 5G, WiFi connectivity and AI. Under Steven’s leadership, MediaTek was awarded IAM’s Asia Semiconductor Team of the Year honors in 2017 and 2019, and was named Top 100 Global Innovator from 2014 to 2016 by Thomson Reuters (now Clarivate). Steven also serves as co-chair of the IP Committee at the Taiwan Semiconductor Industry Association, and speaks frequently on IP issues.
With a bachelor’s degree in engineering (computer science), Gai handles a wide range of IP-related disputes including IP infringement litigation and invalidation claims. He also focuses on AI and data related matters and has served as a drafting member of the Ministry of Economy, Trade and Industry’s “Contracting Guidelines on Utilization of AI and Data" (2018). A client has remarked that Gai is “particularly experienced in the technical field while having a deep knowledge of law, he is an excellent lawyer who leads his client in the right direction” (Legal 500 Asia Pacific 2019).
Tan Sri was born on 20th August 1953 in Sandakan, Sabah. His Lordship read law at the University of New South Wales, Sydney, Australia. In 1976, Tan Sri graduated with a Bachelor of Commerce (B.Com) majoring in Accountancy from the University of New South Wales, Sydney, Australia. In the following year 1977, Tan Sri also obtained a Bachelor of Law (LL.B) from the same university. From 1978 to 1979, Tan Sri was attached to a Public Accounting Firm in Sydney as a Qualified Auditor. In 1979, Tan Sri was admitted as a Barrister-at-Law of New South Wales Supreme Court in Australia. In 1980, Tan Sri was admitted to the Sabah Bar and he practiced as an Advocate and Solicitor in Sandakan until 1992. In 1993, Tan Sri practiced in Sydney until 1996. In 1997, Tan Sri returned to Sandakan, Sabah, Malaysia to continue practicing as an Advocate and Solicitors in Messrs. Peter Lo & Co. until 2005. On 29th September 2005, Tan Sri was appointed as Judicial Commissioner of the High Court of Kuching and on 11th April 2007, Tan Sri was appointed as Judge at the High Court of Kuching. On 15th January 2009, Tan Sri was appointed as Judge at the High Court of Kota Kinabalu. On 8th January 2013, Tan Sri was elevated as Judge of the Court of Appeal of Malaysia, which functions as the 2nd highest Court in the Judicial Hierarchy of Malaysia. Tan Sri held this position until 27th April 2018. On 27th April 2018, Tan Sri was elevated as Judge of the Federal Court of Malaysia, which functions as the highest Court in the Judicial Hierarchy of Malaysia. The Federal Court of Malaysia is also known as the Apex Court. On 11th July 2018, Tan Sri was appointed by Yang Di-Pertuan Agong (YDPA) (King of Malaysia) to the office of Chief Judge of the High Court of Sabah and Sarawak (CJSS). Tan Sri was the 5th Chief Judge of Sabah and Sarawak. Tan Sri during his tenure as a Judge in East Malaysia headed the IT team in transforming the manual system High Court of Sabah and Sarawak into a fully digital system. Prior to his retirement, Tan Sri introduced the use of Artificial Intelligence by the criminal Court in dispensing out sentences for convicted accused. On 19th February 2020, Tan Sri officially retired as the Chief Judge of the High Court of Sabah and Sarawak (CJSS) upon reaching the mandatory retirement age. HONOURS • On 9th September 2019, Tan Sri was awarded the “Darjah Kebesaran Panglima Setia Mahkota” (PSM) which carries the title of “Tan Sri” by the Yang Di-Pertuan Agong (YDPA) (King of Malaysia) • On 6th October 2018, Tan Sri was awarded the “Seri Panglima Darjah Kinabalu, Sabah” (SPDK) which carries the title of “Datuk Seri Panglima” which is the highest award in Sabah, Malaysia. • On 24th October 2009, Tan Sri was conferred the “Panglima Gemilang Darjah Kinabalu, Sabah” (PGDK) which carries the title of “Datuk” by Yang Di-Pertua Negeri Sabah.
Digitization and widespread use of the internet as well as machine learning and AI-based technologies has had a huge impact on how IPR-protectable products are created, designed, and disseminated. IPR norms, codified in an era when the nature of the technology that has become ubiquitous today was inconceivable, must be updated and applied in a manner that is relevant to the current realities. India has made significant progress already, in this direction. For example, India acceded to the WIPO Internet Treaties in the last quarter of 2018, and the Indian Copyright Act, 1957 (as amended in 2012) is compliant with the norms set out in these treaties.
This Panel will seek to tease out some of the more interesting issues that lie at the intersection of IPR law and digital technologies.
Moderator:
Himanshu Bagai, Saikrishna & Associates, India
Himanshu is a Partner and a part of the Telecom, Media and Technology law team in the firm. Himanshu has extensively practiced and specialized in the field of intellectual property including trademark prosecution, trademark infringement proceedings, trade secrecy, data privacy, copyright registration and infringement issues, design prosecution and patent infringement cases before various courts in India. Over the years, Himanshu’s core area of expertise has centered around contentious matters and non-contentious issues, advisory and transactional work in the Media and Entertainment practice space. Himanshu is key contact for the firm’s assistance provided Indian only music publishing copyright society and is considered an expert in music publishing laws.
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Bradley L. Joslove (JD Harvard Law School, member of the Bars of Paris and Washington, D.C.,) founded Joslove Digital Law in 2020 to help clients navigate a clear path through the legal issues that arise in the digital sector. The firm build’s on Mr. Joslove’s experience as General Counsel EMEA for C3.ai, a leading supplier of AI, IoT and big data applications and, before that, his 25 years at the helm of the TMT (Technology Media Telecoms) Practice of the Franklin law firm. He is recognized by the legal guides as one of the leading digital technology lawyers in France.
Shwetasree Majumder is an alumnus of the National Law School, Bangalore. She founded the award-winning firm Fidus Law Chambers in 2008 where is the Managing Partner. Shwetasree’s practice spans litigation, policy and strategy in intellectual property, technology, advertising and trade secrets. Shwetasree has served on the Board of the International Trademark Association and is a UDRP Panelist with the WIPO. She has been appointed amicus curiae by the Delhi High Court on multiple occasions and has served on a Committee that drafted the amendments to the Delhi High Court Original Side Rules, 2018.
T. Prashant Reddy studied law at the National Law School of India University, Bangalore, with a B.A.LLB (Hons.) and the Stanford Law School. He has worked with the IP litigation teams of law firms in Delhi. He has also worked in academia and think tanks in Singapore and India. He is also co-author of the book Create, Copy, Disrupt: India's Intellectual Property Dilemmas (OUP).
The TRAI has proposed to regulate the Cloud through a self regulatory mechanism whereas the CCI has proposed a relook at the application of net neutrality to CDNs. What are the harms they are proposing to regulate against? Do we need these regulations? This panel will discuss these questions and more.
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Ananth Padmanabhan’s research interests are in the fields of technology policy, intellectual property rights, and innovation scholarship. He has authored a leading treatise, Intellectual Property Rights: Infringement and Remedies (LexisNexis, 2012), and co-edited an important volume, India as a Pioneer of Innovation (OUP, 2017). His co-authored chapter on Big Data in a recent volume on Regulation in India: Design, Capacity, Performance (Hart Publishing, 2019), is part of a continuing initiative to examine regulatory dimensions of new technologies. Ananth holds masters and doctoral degrees from the University of Pennsylvania Law School.
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Robert Stankey, Davis Wright Tremaine LLP, USA
Isha Suri is a Research Associate with the Telecom and Technology Policy Team at ICRIER. She holds an LL.B. (Hons.) with a specialization in Intellectual Property Law from IIT Kharagpur, and worked as an attorney with Shardul Amarchand Mangaldas. Thereafter, she joined National Internet Exchange of India as a Policy Analyst deputed at the Ministry of Electronics and Information Technology. Her interests include Internet Governance, Telecom Policy, Intellectual Property Rights, Privacy and Data Protection, and Competition Policy. She also holds a degree in Electrical Engineering that comes to her aid when grappling with complexities of the techno-legal domain.
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