LexTalk World Talk Show with Vaneesha Jain, Associate Partner at Saikrishna & Associates

LexTalk World Interviews Vaneesha Jain. Vaneesha Jain is an Associate Partner with Saikrishna & Associates. Vaneesha works on Policy matters, with a specialization in technology, copyright and data protection. As one of the leading practitioners in the area of privacy law within the Firm, Vaneesha has advised some of the world’s largest technology companies during the various stages of consultation in the formulation of the Indian data protection law, including with filing submissions to the Ministry of Electronics and Information Technology. She assisted the petitioners in the landmark ‘Aadhaar case’ which led to the historic 9-judge-bench decision that now forms the bedrock on privacy law in India. Vaneesha has advised the Government of India’s Department of Industrial Policy and Promotion (“DIPP”) at the Ministry of Trade & Commerce on several matters relating to intellectual property, such as on India’s accession to international treaties such as the WIPO Internet Treaties on copyright as well as in the preparation of an “Enforcement Toolkit” for use by Police Officers and other Enforcement Agencies/officials in implementing intellectual property rights. Vaneesha received her L.L.M. from the NYU School of Law and her first law degree from NUJS, Kolkata.

Host:- Please guide us through your journey as a legal professional so far.

Vaneesha:- I got my first law degree from the West Bengal National University of Juridical Sciences in 2011, and I went on to get my Masters in Law from New York University in 2015. Ever since I've been back in India, I've been working with the law firm Saikrishna & Associates. Currently, I'm an Associate Partner at the Firm and primarily work in copyright law and in data privacy and technology law, with a focus on policy and advisory matters.

Host: A complex legal issue that you worked on.

Vaneesha:- There are two important international copyright treaties by the World Intellectual Property Organisation (WIPO), being the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT), collectively known as the ‘Internet Treaties’.

I had an opportunity to work with the DPIIT under the Ministry of Commerce, to assess the 2012 Amendments to the Copyright Act from the perspective of how these amendments have updated the law to bring it up to speed with the nature of activities in the digital era. We did a clause by clause analysis of the WIPO internet treaties, to analyze how the Indian law is compliant with those provisions, and prepared an advisory for the Government on the merits/ demerits of India’s signing on as a party to these treaties.

The exercise culminated in India ratifying the Internet Treaties in 2018.

This was an enriching experience, because it was an opportunity to compare where one’s country is situated, in relation to the international standard.

Host: Vaneesha, the pandemic saw courts moving towards remote proceedings. Is this sustainable and what's your take: is this a possible way to increase access to justice?