STSP at the 36th LAWASIA Conference in Bengaluru, India

The 36th Annual Conference of LAWASIA (The Law Association for Asia and the Pacific), co-hosted with the Bar Association of India, unfolded in Bengaluru, India from 24 to 27 November 2023. Mr. Steven Thiru, the Firm’s Managing Partner, addressed the conference on the vital topic of judicial independence, while our Senior Associate, Mr. Jeremiah Rais, shared insights on intellectual property rights in the Metaverse.

As a prelude to the conference, a seminar titled “The Basic Structure Doctrine in Constitutional Law: Origins and Application” took place on 23 November 2023. This momentous event commemorated the 50th anniversary of the Indian Supreme Court’s recognition of the Basic Structure doctrine in Kesavananda Bharati v. State of Kerala. Dato’ Dr. Cyrus Das skilfully moderated the seminar, assembling a distinguished panel comprising luminaries such as Professor Dr. Michael Eichberger, Justice R.V. Raveendran, Ms. Karen Cheah Yee Lynn, Mr. Md. Imam Hossein, and Mr. Arthur Moses SC.

Mr. Steven Thiru, Vice-President of LAWASIA and former President of the Malaysian Bar, was invited to speak at a special session during the conference on 25 November 2023. The session, aptly titled “Strengthening an Independent Judiciary and the Bar”, delved into the profound importance of judicial independence and the indispensable role of lawyers in safeguarding courts against external pressures.

Mr. Steven artfully recounted the fortitude of the Malaysian Bar during the turbulent 1988 Constitutional Crisis and the 2007 Walk for Justice. He highlighted consequential reforms including the establishment of the Judicial Appointments Commission (JAC) as a crucial step in strengthening the independence of the judiciary. This insightful session also featured perspectives from Justice Priyasath Dep (Former Chief Justice of Sri Lanka) and Professor Yoav Dotan (Hebrew University), under the adept moderation of Mr. Krishnan Venugopal (Senior Advocate, India).

In another session on 26 November 2023, Mr. Jeremiah Rais delved into the intersection of law and technology, presenting on “Intellectual Property Rights, the Metaverse, and Digital Content Distribution”. He explored critical issues such as jurisdiction, ownership of intellectual property, and the application of traditional legal principles in virtual realms that constitute the Proto-Metaverse.

Mr. Jeremiah further discussed recent cases involving non-fungible tokens (NFTs), including Hermes International v. Mason Rothschild and Yuga Labs, Inc. v. Ripps. His analysis covered the application of enunciated principles and potential challenges as the Metaverse continues to develop and mature. Mr. Amit Sibal (Senior Advocate, India), Mr. Yusuke Hisashi (Japanese Legal Advisor, Gamma Law), and Mr. Karan Agarwal (Partner, Zolvit) also contributed extensively to the discourse, which was expertly moderated by Mr. Ameet Datta (Partner, Saikrishna & Associates).

The conference culminated with a visit to the High Court of Karnataka, where our lawyers were part of a group of international delegates hosted by the Advocates Association of Bengaluru.

The Firm extends its congratulations to LAWASIA and the Bar Association of India for the resounding success of the conference and eagerly anticipates the next annual conference in Kuala Lumpur.