Features
Intellectual Property Law

The digital world plays an important role in our lives today. Intellectual Property Law is one of the many legal frameworks that help us navigate this world by securing our rights.
Law is Light is a series of trilingual legal discussions to shed light on the law. The Latin maxim “ignorantia legis neminem excusat” translates to ignorance of the law is not an excuse. The Pro Bono Committee of the Law Students’ Association of Sri Lanka strives to educate the general public by simplifying the laws in our country. In the third discussion, the programme was focused on “Intellectual Property” to provide an understanding of the rights available for property created by the intellect.
The discussion featured Attorneys-at- Law practicing in the field of Intellectual Property law: Thishya Weragoda is an independent legal counsel at Neelakandan & Neelakandan, a visiting lecturer at the Institute for the Development of Commercial Law and Practice and Aparajitha Ariyadasa, is a visiting lecturer in cyber law at the University of Plymouth and at IJTS. She is also a senior consultant at Ceylon Chamber of Commerce and senior counsel, chairperson of Lanka Intellectual Property Organisation.
What is intellectual property?
The concept of property concerns ownership and possession. Property can be tangible – what we can see, touch and feel and the intangible – value created by assets which cannot be seen. The name Coca Cola is a well-known product in the world. The value is not in the bottle but the brand loyalty. The brand name is an intangible asset. Photographs are intellectual creations and any monetisation made out of it belongs to the photographer. The law recognises five different classes of intellectual property:
1. Copyright
2. Trademark
3. Patents
4. Industrial designs
5. Confidential information and trade secrets
The Intellectual Property Law protects literary, artistic and scientific work. People can benefit from what they create. Intellectual property splits into two categories; one is associated with trade, such as industrial plans, scientific plans, patents, brand names and brand logos (industrial property). The other is intellectual properties with the right to publication such as literary works, artistic and scientific works, folklores, computer programmes, architectural plans, and maps. There are also related rights; these entail rights of actors, rights of broadcasters, rights of sound engineers.
What is the importance of Intellectual Property Law?
This law helps protect new creations by providing economic rights to the inventors and the consumers by ensuring genuine products are bought.
Can you elaborate on the five different classes of Intellectual Property?
Copyright – The creations of the mind which are literal creations, artistic creations or scientific creations will be copyrightable creations. S.5 and S.6 of the Intellectual Property Act recognises the copyrightable works. The S.9 of the Act states the creator of the works hold on to economic rights. These economic rights can be sold to another individual. Copyrights will end after lifetime plus a 70 year period and the matter falls into public domain.
Trademarks – Logos can be registered as a trademark, if it has value. Whether a mark is registered or unregistered, there are rights attached to it. As long as you pay on for the registration of the mark to the registrar’s office, the trademark will be recognised. When a registration expires it does not mean there are no rights associated. Unregistered marks will also have protection. That particular mark cannot be used without authorisation. There is a trade mark registry at the national intellectual property where you can look for any conflicting or similar mark.
Patents – this concerns new inventions. There needs to be novelty and be able to solve problems. Once a patent is registered they get a 20 year period and after such period expires, it falls into public domain.
Industrial design – the rights and requirements are slightly less than for a patent
Geographic indicators – like the basmati rice or the Champaign comes from a particular region. Someone who makes tea from Kenya can’t say its Sri Lankan tea. A person who makes sparkling wine in Australia cannot say this is Champaign.
Confidential information and Trade secrets – The recipe for Coca Cola is unknown and a well-kept trade secret. The people involved in the manufacturing are bound to protect that secret.
If a person wants to register his own creation or invention, what is the procedure?
There are two methods of protection. The less stringent is the “industrial design’ scheme and the other is the most strenuous “patent” scheme. They are two different regimes and the requirements are different. The Intellectual Property act Chapter three covers Industrial designs. It is required to establish some form of novelty and a use in it. The registration is done at the National Intellectual Property office. There are two types of applications, one for industrial design and one for patents, decide which one applies to you. For Patents, state your claim and give a full disclosure of your creation.
Does a person require the assistance of an Attorney or can he do it on his own?
Services of a patent drafter is necessary for the application of a patent. In SriLanka they are Attorneys- at- Law but if you look at countries like Singapore, the US and the UK, they are patent drafters.
Is plagiarism when in written work, covered by the IP law?
This is considered as an ethical right. Where there is a substantial amount of information copied and amounts to unfair competition, it may amount to an infringement of IP laws. It may amount to a theft when the original writer is not mentioned.
When it comes to Music, we see different versions of an old song. How can upcoming musicians create their own version of the song, in doing so will they be infringing another’s rights?
Reproducing a song will fall within the restrictions of economic rights of S.9 in the IP Act. The permission of the lyricists, producer and composer is required.
When it comes to designer items, could you explain the A-grade category and how it affects IP rights?
The A- grade or B- grade bags are not always replicas, they can be originals which were rejected by the original owner. These end up in the market. An original product can come to the market through unrecognised channels, this is called grey market imports. This cannot be stopped due to it being an original product, unless there is an exclusive territorial agreement with the agents.
A counterfeit product might look identical but it is not an original. Counterfeits are illegal.
On instagram we see people selling replicas of branded items in Sri lanka. Can replicas be sold at the price of the original item? Does a consumer who buys a replica at the original price have redress?
If there is a local agent, it can be reported.
Does infringing intellectual property law amount to criminal liability?
A violation of IP can lead to a civil and criminal liability. Example – if someone copies the song X created and makes money out of selling it, X can go the Magistrate’s Court for an order to have these CDs destroyed, and obtain an injunction order.
What are the remedies available for an infringement of IP law?
First check whether rights have been infringed. Next file a criminal and civil action. The person who infringed your rights can be arrested. An injunction order be obtained or seek damages.
If someone uses a copyrighted picture without attributing rights to the owner, what legal action can be taken?
According to Copyright law, by virtue of creation, irrespective of artistic merit, it is protected. The moment a photograph is taken, it is protected.
If a self-portrait is used without that person’s permission, can that individual take any action under the IP Law?
If the photograph was taken on behalf of the individual by the photographer, the individual would be the owner of the copyrights. The element of privacy ensures your profile picture cannot be taken for an advertisement. The permission of the individual in the picture is required.
Can an individual repaint an ancient piece of art work, say the portrait of Mona Lisa, and profit out of it?
Mona Lisa is Da Vinci’s creation. The copyright protection lifespan has expired due the demise of the painter 500 years ago. The painting is part of the public domain, therefore considering drawing it will not be a problem.
Copyrights will be active for new paintings.
Does IP protection have a time limit?
In general for expressions, for a writer it will be lifetime and 70 years. Trademarks have to be renewed every 10 years for an unlimited time.
Zeenath Zakir
Pro bono Secretary 2020-2021
The complete discussion is available on our YouTube channel ‘Law Students Association of
Sri Lanka’, in all three languages.
Features
SL urged to use GSP+ to the fullest to promote export development

Sri Lanka needs to take full stock of its current economic situation and use to the maximum the potential in its GSP+ facility for export sector growth. In the process, it should ensure that it cooperates fully with the European Union. The urgency of undertaking these responsibilities is underscored by the issues growing out of the recent US decision to sweepingly hike tariffs on its imports, though differentially.
These were principal ‘takes’ for participants in the Pathfinder Foundation’s Ambassadors’ Roundtable forum held on April 8th at the Colombo Club of the Taj Samudra. The main presenter at the event was Ms. Carmen Moreno Raymundo, Ambassador of the European Union to Sri Lanka and the Maldives. The forum was chaired by Ambassador Bernard Goonetilleke, Chairman, Pathfinder Foundation. The event brought together a cross-section of the local public, including the media.
Ms. Moreno drew attention to the fact Sri Lanka is at present severely under utilizing its GSP+ facility, which is the main means for Sri Lanka to enter the very vast EU market of 450 million people. In fact the EU has been Sri Lanka’s biggest trading partner. In 2023, for instance, total trade between the partners stood at Euros 3.84 billion. There is no greater market but the EU region for Sri Lanka.
‘However, only Sri Lanka’s apparel sector has seen considerable growth over the years. It is the only export sector in Sri Lanka which could be said to be fully developed. However, wider ranging export growth is possible provided Sri Lanka exploits to the fullest the opportunities presented by GSP+.’
Moreno added, among other things: ‘Sri Lanka is one among only eight countries that have been granted the EU’s GSP+ facility. The wide-ranging export possibilities opened by the facility are waiting to be utilized. In the process, the country needs to participate in world trade in a dynamic way. It cannot opt for a closed economy. As long as economic vibrancy remains unachieved, Sri Lanka cannot enter into world trading arrangements from a strong position. Among other things, Sri Lanka must access the tools that will enable it to spot and make full use of export opportunities.
‘Sri Lanka must facilitate the private sector in a major way and make it possible for foreign investors to enter the local economy with no hassle and compete for local business opportunities unfettered. At present, Lanka lacks the relevant legal framework to make all this happen satisfactorily.
‘Sri Lanka cannot opt for what could be seen as opaque arrangements with bilateral economic partners. Transparency must be made to prevail in its dealings with investors and other relevant quarters. It’s the public good that must be ensured. The EU would like to see the local economy further opening up for foreign investment.
‘However, it is important that Sri Lanka cooperates with the EU in the latter’s efforts to bring about beneficial outcomes for Sri Lankans. Cooperation could be ensured by Sri Lanka fully abiding by the EU conditions that are attendant on the granting of GSP+. There are, for example, a number of commitments and international conventions that Sri Lanka signed up to and had promised to implement on its receipt of GSP+ which have hitherto not been complied with. Some of these relate to human rights and labour regulations.
‘Successive governments have pledged to implement these conventions but thus far nothing has happened by way of compliance. GSP+ must be seen as an opportunity and not a threat and by complying with EU conditions the best fruits could be reaped from GSP+. It is relevant to remember that GSP+ was granted to Sri Lanka in 2005. It was suspended five years later and restored in 2017.
‘The importance of compliance with EU conditions is greatly enhanced at present in view of the fact that Sri Lanka is currently being monitored by the EU with regard to compliance ahead of extending GSP+ next year. A report on Sri Lanka is due next year wherein the country’s performance with regard to cooperating with the EU would be assessed. The continuation of the facility depends on the degree of cooperation.
‘A few statistics would bear out the importance of Sri Lanka’s partnership with the EU. For example, under the facility Sri Lanka benefits from duty free access in over 66% of EU tariff lines. The highest number of tourist arrivals in Sri Lanka in 2023 was from the EU’s 27 member states. Likewise, the EU’s 27 member states rank second in the origin of inflows of foreign exchange to Sri Lanka; with Italy, France and Germany figuring as the main countries of origin. Eighty five percent of Sri Lanka’s exports to the EU market benefits from GSP+. Thus, the stakes for the country are high.’
Meanwhile, President, In-house Counsel & Legal Advisor, The European Chamber of Commerce of Sri Lanka, John Wilson said: ‘GSP+ should be seen as not only an opportunity but also as a necessity by Sri Lanka in the current international economic climate. ‘Implementation of local laws is what is needed. Considering the pressures growing out of the US imposed new tariff regime, a good dialogue with the EU is needed.
‘Sri Lanka’s level of business readiness must be upped. Among the imperatives are: An electronic procurement process, Customs reforms, a ‘National Single Window’, stepped-up access to land by investors, for example, a clear policy framework on PPPs and reform of the work permits system.’
It ought to be plain to see from the foregoing that Sri Lanka cannot afford to lose the GSP+ facility if it is stepped-up economic growth that is aimed at. It would be in Sri Lanka’s best interests to remain linked with the EU, considering the aggravated material hardships that could come in the wake of the imposition of the US’ new tariff regime. Sri Lanka would need to remain in a dialogue process with the EU, voice its reservations on matters growing out of GSP+, if any, iron out differences and ensure that its national interest is secured.
Features
SENSITIVE AND PASSIONATE…

Chit-Chat
Chiara Tissera
Mrs. Queen of the World Sri Lanka 2024, Chiara Tissera, leaves for the finals, in the USA, next month
I had a very interesting chat with her and this is how it all went:
1. How would you describe yourself?
I am a sensitive and passionate individual who deeply cares about the things that matter most to me. I approach life with a heart full of enthusiasm and a desire to make meaningful connections.
2. If you could change one thing about yourself, what would it be?
Actually, I wouldn’t change a thing about myself because the person I am today, both inside and out, is the result of everything I’ve experienced. Every part of me has shaped who I am, so I embrace both my strengths and imperfections as they make me uniquely me.
3. If you could change one thing about your family, what would it be?
If there’s one thing I could change about my family, it would be having my father back with us. Losing him six years ago left a void that can never be filled, but his memory continues to guide and inspire us every day.
4. School?
I went to St. Jude’s College, Kurana, and I’m really proud to say that the lessons I gained during my time there have shaped who I am today. My school and teachers instilled in me values of hard work, perseverance and the importance of community, and I carry those lessons with me every day. I was a senior prefect and was selected the Deputy Head Prefect of our college during my tenure.
5. Happiest moment?
The happiest moment of my life so far has been winning the Mrs. Sri Lanka 2024 for Queen of the World. It was a dream come true and a truly unforgettable experience, one that fills me with pride and gratitude every time I reflect on it.
6. What is your idea of perfect happiness?
Happiness is a deeply personal and multifaceted feeling that often comes from a sense of contentment, fulfillment and well-being. For me, perfect happiness is in moments of joy, peace and accomplishments … and also being surrounded by my loved ones.
7. Are you religious?
Yes, I’m a very religious person. And I’m a firm believer in God. My faith guides me through life, providing strength, dedication and a sense of peace in every situation. I live by the quote, ‘Do your best, and God will do the rest.’
8. Are you superstitious?
I’m not superstitious. I believe in making my own decisions and relying on logic and faith rather than following superstitions.
9. Your ideal guy?
My ideal guy is my husband. He is compassionate, understanding and is always there to support me, no matter what. He’s my rock and my best friend – truly everything I could ever want in a partner.
10. Which living person do you most admire?
The living person I admire the most is definitely my mummy. Her strength, love and unwavering support has shaped me into who I am today. She is my role model and she inspires me every day with her wisdom and kindness.
11. Your most treasured possession?
My most treasured possession is my family. They are the heart of my life, providing me with love, support and strength. Their presence is my greatest blessing.
12. If you were marooned on a desert island, who would you like as your companion?
I would like to have my spouse as my companion. Together, we could make the best of the situation, supporting each other, sharing moments of laughter and finding creative ways to survive and thrive.
13. Your most embarrassing moment?
There’s quite a few, for sure, but nothing is really coming to mind right now.
14. Done anything daring?
Yes, stepping out of my comfort zone and taking part in a pageant. I had no experience and was nervous about putting myself out there, but I decided to challenge myself and go for it. It pushed me to grow in so many ways—learning to embrace confidence, handle pressure, and appreciate my own uniqueness. The experience not only boosted my self-esteem but also taught me the value of taking risks and embracing new opportunities, even when they feel intimidating.”
15. Your ideal vacation?
It would be to Paris. The city has such a magical vibe and, of course, exploring the magical Eiffel Tower is in my bucket list. Especially the city being a mix of history culture and modern life in a way that feels timeless, I find it to be the ideal vacation spot for me.
16. What kind of music are you into?
I love romantic songs. I’m drawn to its emotional depth and the way they express love, longing a connection. Whether it’s a slow ballad, a classic love song or a more modern romantic tune these songs speak to my heart.
17. Favourite radio station?
I don’t have a specific radio station that I like, but I tend to enjoy a variety of stations, depending on my mood. Sometimes I’ll tune into one for a mix of popular hits, other times I might go for something more relaxing, or a station with a certain vibe. So I just like to keep it flexible and switch it up.
18. Favourite TV station?
I hardly find the time to sit down and watch TV. But, whenever I do find a little spare time, I tend to do some spontaneous binge – watching, catching whatever interesting show is on at that moment.
19 What would you like to be born as in your next life?
Mmmm, I’ve actually not thought about it, but I’d love to be born as someone who gets to explore the world freely – perhaps a bird soaring across continents.
20. Any major plans for the future?
Let’s say preparing and participating in the international pageant happening in the USA this May. It’s an exciting opportunity to represent myself and my country on a global stage. Alongside this, I am dedicated to continuing my social service work as a title holder, striving to make a meaningful difference in the lives of others through my platform.
Features
Fresher looking skin …

The formation of wrinkles and fine lines is part of our ageing process. However, if these wrinkles negatively impact appearance, making one look older than they actually are, then trying out some homemade remedies, I’ve listed for you, this week, may help in giving your skin a fresher look.
* Banana:
Bananas are considered to be our skin’s best friend. They contain natural oils and vitamins that work very perfectly to boost our skin health. Skincare experts recommend applying the banana paste to the skin.
Take a ripe banana and mash a quarter of it until it becomes a smooth paste. Apply a thin layer of the banana paste on your skin and allow it to sit for 15 to 20 minutes before washing it off with warm water.
* Olive Oil:
Olive oil works as a great skin protector and many types of research suggest that even consuming olive oil may protect the skin from developing more wrinkles. Olive oil contains compounds that can increase the skin’s collagen levels. Yes, olive oil can be used as a dressing on your salads, or other food, if you want to consume it, otherwise, you can apply a thin layer of olive oil on your face, neck and hands and let it stay overnight.
* Ginger:
Ginger serves to be a brilliant anti-wrinkle remedy because of the high content of antioxidants in it. Ginger helps in breaking down elastin, which is one of the main reasons for wrinkles. You can have ginger tea or grate ginger and have it with honey, on a regular basis.
* Aloe Vera:
The malic acid present in Aloe Vera helps in improving your skin’s elasticity, which helps in reducing your wrinkles. Apply the gel once you extract it from the plant, and leave it on for 15-20 minutes. You can wash it off with warm water.
* Lemons:
Lemons contain citric acid, which is a strong exfoliant that can help you get rid of your dead skin cells and wrinkles. Also, as an astringent and a cleansing agent, it helps to fade your wrinkles and fine lines. You can gently rub a lemon slice in your wrinkled skin and leave it on for 10-15 minutes. Rinse afterwards and repeat this process two to three times a day.
* Coconut Oil:
Coconut oil contains essential fatty acid that moisturises the skin and helps to retain its elasticity. You can directly apply the coconut oil, and leave it overnight, after gently massaging it, for the best results.
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