COUNTRY REPORT OF Sri Lanka. By Seevali Wijewantha & Nadeera Wickramarathne
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1 COUNTRY REPORT OF Sri Lanka By Seevali Wijewantha & Nadeera Wickramarathne
2 OUTLINE Introduction o Social Indicators o Legal System o Background of IP Law Prevailing Act NIPO (National Intellectual Property Office) Issues/ Problems Challenges
3 SOCIAL INDICATORS Total area sq. km Land area - 62, 705 sq. km Inland waters - 2,905 sq. km Population - 20 million population density persons / sq. km
4 Literacy rate % SOCIAL INDICATORS contd.. Ethnic groups Sinhala % Tamil % Muslim % Other %
5
6 LEGAL SYSTEM contd.. Copy Right Laws Patents Designs were introduced by Imperial Legislatio Trade Marks
7 SL Acquired Independence in 1948 LEGAL SYSTEM contd.. Became a Republic in 1972 Introduced Open Economy in 1977 as a result, updated all commercial laws to keep up with the challenges
8 BACKGROUND OF IP LAW IP in SL Commenced in 1860 First Patent granted on 22 Nov.1860 Code of Intellectual Property Law No 52 of 1979 (Based on WIPO model for Developing Countries)
9 Code of Intellectual Property Law No 52 of 1979 Administration Copy Right Industrial Designs Patents Marks Offences & Penalties Trade Names & Unfair Competitions
10 Code of Intellectual Property Law No 52 of 1979 No 30 of 1980 No 02 of 1983 No 17 of 1990 No 13 of 1997 No 40 of 2000 Amendments
11 Prevailing Act IP Act No 36 of 2003 Came into Operation 0n 12/11/2003 In line with TRIPS Agreement One of the main agreements comes under WTO One of the First Countries in South Asian region adopt this model
12 Objectives of the Act To promote national creativity PREVAILING ACT contd.. To promote such creative efforts To honor our international Obligations particularly under TRIPS Agreement
13 Enforcement PREVAILING ACT contd.. The infringement of IP rights is a punishable offence in SL Court Grants Injunction Damages Commercial High Court hears IP matters
14 Protected Rights PREVAILING ACT contd.. Copy Right & related Rights Inventions (patents) Trademarks Service Marks Certification marks & Collective marks Industrial designs Unfair competitions Geographical indications Undisclosed information
15 PREVAILING ACT contd.. Copy Right & Related Rights Copyright includes all creative and artistic works such as books, movies, music, paintings, photographs,computer programmes etc. The rights takes two forms» economic rights» moral rights
16 Copy Right & Related Rights Copyright in Sri Lanka is generally protected during the life of the author and 70 years after his death. PREVAILING ACT contd.. The woks of Sri Lankan authors are protected in all the member countries of the Berne Convention for the protection of literary and artistic works under the national law of the particular country
17 Industrial Design PREVAILING ACT contd.. Legal protection for an industrial design expires on completion of FIVE years since its application for registration Can be renewed TWO consecutive periods in accordance with Sri Lankan Law.
18 Inventions (patents) PREVAILING ACT contd.. The State grants the inventor, by means of a patent, the right to exclude others from making, using and selling the qualified invention for a period of 20 years from the date of application for patent. The owner of the patent can use, sell or license the patented technology and derive financial benefits.
19 Inventions (Patents) PREVAILING ACT contd.. A patent is valid only in the country where it is granted. Sri Lanka is a member of the Paris Convention for the protection of industrial property can claim priority under the Paris Convention for the protection of Industrial Property in its member countries.
20 Marks (Trade/Service) PREVAILING ACT contd.. Generally means a visible sign that is capable of distinguishing the goods or services of different enterprises A mark may consists of a word, a symbol, a device, letters numerals, a name, surname or geographical name.etc In Sri Lanka Trademarks are registered for 10 years period., which run from their date of application.
21 Geographical Indications PREVAILING ACT contd.. GI of Sri Lanka can be protected in all the member countries of WIPO under Madrid Convention. GI can be registered under certification mark.
22 Geographical Indications related with Sri Lanka Sri Lanka has taken steps to register following GI s under certification mark o Ceylon Tea, o Ceylon Cinnamon, o Ceylon Sapphire, o Nuwaraeliya Tea PREVAILING ACT contd..
23 Laws & Policies regarding the plant varieties & traditional knowledge of farmers in Sri Lanka Fauna & flora protection ordinance (Act No.49 of 1993 ) Forest ordinance Rubber Control Act Tea control Act Plant Protection Act (Act No35 of. 1999) Seed Act ( No 22 of 2003) Has ratified UN convention on Biological Diversity in 1994
24 NIPO (National Intellectual Property Office) administered the IP system in SL VISION To Become a leading development oriented agency offering quality based services with enhanced productivity.
25 NIPO contd MISSION To actively contribute to the development of the country by ensuring that the Intellectual Property system fosters an environment conductive to innovate and creative activity, investment and entrepreneurship
26 Main Functions NIPO contd Administration of intellectual property including the activities relating to registration and post registration of marks, patents, industrial designs, layout designs of integrated circuits and collective societies. Collection and dissemination of Intellectual property information. Promotion of awareness in the subject of intellectual property. Promotion of the use of intellectual property system in the development process by the intellectual property owners, enterprises & industries.
27 Main Functions NIPO contd Fulfillment of international obligations of Sri Lanka relating to intellectual property and promotion of international and regional cooperation on Intellectual property. Proposing policies on Intellectual Property. Facilitation of enforcement of IP rights including dispute resolution in the field of copyright and related rights. Registration and administration of Intellectual Property Agents
28 Issues /Problems Lack of the use of IT oe-patents oe-trademarks oe-designs Lack of awareness of the Owners Lack of creative efforts
29 contd Issues /Problems Insufficient Research Facility oequipment oman Power Lack of demand from Civil Society Lack of Properly established Institutional system
30 Challenges Awareness Programmes Regionalize the IP Offices To expand on line certifications To introduce arbitration & Mediation as a dispute settlement mechanism of IP matters To use advanced technologies for Research & Development of IP
31
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Moving the Needle: Making Canadian Farmers More Competitive The Role of Intellectual Property Protection
CANADIAN SEED TRADE ASSOCIATION L ASSOCIATION CANADIENNE DU COMMERCE DES SEMENCES 39 Robertson Road Suite 505 Ottawa, Ontario K2H 8R2 Tel: 613-829-9527 Fax: 613-829-3530 www.cdnseed.org Email: csta@cdnseed.org