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Intellectual Property Law

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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.



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Fractious West facing a more solidified Eastern opposition

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An Iranian attack on a neighbouring Gulf state. Image courtesy BBC.

Going forward, it is hoped that a reported ceasefire agreement between the US and Iran would provide a basis for a degree of stability in the Middle East and pave the way for substantive peace talks between the powers concerned. The world is compelled to fall back on hope because there is never knowing when President Donald Trump would change his mind and plans on matters of the first importance. So erratic has he been.

Yet, confusion abounds on who has agreed to what. The US President is on record that a number of conditions put forward by him to Iran to deescalate tensions have been accepted by the latter, whereas Iran is yet to state unambiguously that this is so. For instance, the US side claims that Iran has come clear on the point that it would not work towards acquiring a nuclear weapons capability, but there is no official confirmation by Iran that this is so. The same goes for the rest of the conditions.

Accordingly, the peace process between the US and Iran, if such a thing solidly exists, could be said to be mired in uncertainty. Nevertheless, the wider publics of the world are bound to welcome the prospects of some sort of ceasing of hostilities because it would have the effect of improving their economic and material well being which is today under a cloud.

However, questions of the first magnitude would continue to bedevil international politics and provide the breeding ground for continued tensions between East and West. Iran-US hostilities helped highlight some of these divisive issues and a deescalation of these tensions would not inevitably translate into even a temporary resolution of these questions. The world community would have no choice but to take them up and work towards comprehending them better and managing them more effectively.

For example, there are thorny questions arising from the Treaty on the Non-Proliferation of Nuclear Weapons (NPT). Essentially, this treaty bans the processing and use of nuclear weapons by states but some of the foremost powers are not signatories to it.

Moreover, the NPT does not provide for the destroying of nuclear arsenals by those signatory states which are already in possession of these WMDs. Consequently, there would be a glaring power imbalance between the latter nuclear-armed states and others which possess only conventional weapons.

Such a situation has grave implications for Iran’s security, for instance. The latter could argue, in view of the NPT restrictions, that the US poses a security threat to it but that it is debarred by the Treaty from developing a nuclear arms capability of its own to enable it to match the nuclear capability of the US. Moreover, its regional rival Israel is believed to possess a nuclear weapons capability.

Accordingly, a case could be made that the NPT is inherently unfair. The US would need to help resolve this vexatious matter going forward. But if it remains, US-Iran tensions would not prove easy to resolve. The same goes for Iran-Israeli tensions. Consequently, the Middle East would remain the proverbial ‘powder keg’.

Besides the above issues, the world has ample evidence that it could no longer speak in terms of a united NATO or West. Apparently, there could be no guarantee that US-NATO relations would remain untroubled in future, even if the current Iran-US standoff is peacefully resolved. US-NATO ties almost reached breaking point in the current crisis when the US President called on its NATO partners, particularly Britain, to help keep open the Hormuz Straits for easy navigation by commercial vessels, militarily, on seeing that such help was not forthcoming. Such questions are bound to remain sore points in intra-Western ties.

In other words, it would be imperative for the US’ NATO partners to help pull the US’ ‘chestnuts out of the fire’ going ahead. The question is, would NATO be willing to thus toe the US line even at the cost of its best interests.

For the West, these fractious issues are coming to the fore at a most unpropitious moment. The reality that could faze the West at present is the strong opposition shown to its efforts to bolster its power and influence by China and Russia. Right through the present crisis, the latter have stood by Iran, materially and morally. For instance, the most recent Security Council resolution spearheaded by the US which was strongly critical of Iran, was vetoed by China and Russia.

Accordingly, we have in the latter developments some marked polarities in international politics that could stand in the way of the West advancing its interests unchallenged. They point to progressively intensifying East-West tensions in international relations in the absence of consensuality.

It is only to be expected that given the substance of international politics that the West would be opposed by the East, read China and Russia, in any of the former’s efforts to advance its self interests unilaterally in ways that could be seen as illegitimate, but what is sorely needed at present is consensuality among the foremost powers if the world is to be ‘a less dangerous place to live in.’ Minus a focus on the latter, it would be a ‘no-win’ situation for all concerned.

It would be central to world stability for International Law to be upheld by all states and international actors. Military intervention by major powers in the internal affairs of other countries remains a principal cause of international mayhem. Both East and West are obliged to abide scrupulously with this principle.

From the latter viewpoint, not only did the West err in recent times, but the East did so as well. Iran, for instance, acted in gross violation of International Law when it attacked neighbouring Gulf states which are seen as US allies. Neither Iran nor the US-Israel combine have helped in advancing international law and order by thus taking the law into their own hands.

Unfortunately, the UN has been a passive spectator to these disruptive developments. It needs to play a more robust role in promoting world peace and in furthering consensual understanding among the principal powers in particular. The need is also urgent to advance UN reform and render the UN a vital instrument in furthering world peace. The East and West need to think alike and quickly on this urgent undertaking.

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Science-driven health policies key to tackling emerging challenges — UNFPA

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Dr. Dayanath Ranatunga

Marking World Health Day on April 7, health experts have called for a stronger commitment to science-based decision-making to address increasingly complex and evolving health challenges in Sri Lanka and beyond.

Dr. Dayanath Ranatunga, Assistant Representative of the United Nations Population Fund, stressed that health is no longer confined to hospitals or traditional medical systems, but is shaped by a broad spectrum of social, environmental, and technological factors.

“This year’s theme, ‘Together for Health. Stand with Science,’ reminds us that science is not only for laboratories or policymakers. It is a way of thinking and a tool that shapes everyday decisions,” he said.

Dr. Ranatunga noted that modern health challenges are increasingly interconnected, ranging from infectious diseases such as COVID-19 to climate-related risks, demographic shifts, and emerging forms of online violence.

He warned that maternal and newborn health continues to demand urgent attention despite progress. Globally, an estimated 260,000 women died from pregnancy and childbirth-related causes in 2023 alone—many of them preventable through timely, science-based interventions.

“In countries like Sri Lanka, where fertility rates are declining and survival rates improving, every pregnancy carries greater significance—not just for families, but for the future of communities and economies,” he said.

The UNFPA official also highlighted the growing threat of Technology Facilitated Gender-Based Violence (TFGBV), including cyber harassment and online abuse, noting that these forms of violence can have deep psychological consequences despite lacking visible physical harm.

He emphasised the need for multidisciplinary, science-informed approaches that integrate mental health, digital safety, and survivor-centered care.

Turning to demographic trends, Dr. Ranatunga pointed out that increasing life expectancy is bringing new challenges, particularly the rise of non-communicable diseases such as diabetes, cardiovascular illnesses, and cancers.

In Sri Lanka, nearly 13.9% of mothers develop diabetes during pregnancy, a trend attributed to obesity and unhealthy lifestyles, underscoring the urgent need for preventive healthcare strategies.

“Are we investing enough in prevention?” he asked, noting that early intervention and healthier lifestyles could significantly reduce long-term healthcare costs, especially in a country with a free public healthcare system.

He underscored the importance of data-driven policymaking, stating that scientific research and analytics enable governments to identify gaps, anticipate future needs, and allocate resources more effectively.

The UNFPA, he said, is already leveraging tools such as Geographic Information Systems (GIS) to improve access to maternal healthcare, including mapping travel times for pregnant women to reach health facilities.

Digital innovation is also transforming healthcare delivery, from telemedicine to real-time data systems, improving efficiency and ensuring continuity of care even during emergencies.

In Sri Lanka, partnerships between the government and development agencies are helping to modernise training institutions, including facilities in Batticaloa, equipping healthcare workers with both clinical and digital skills.

However, Dr. Ranatunga cautioned that technology alone is not a solution.

“It must be guided by evidence and grounded in equity,” he said, pointing out that women’s health remains significantly underfunded, with only about 7% of global healthcare research focusing on conditions specific to women.

He also drew attention to the growing health impacts of climate change, including extreme weather, food insecurity, and displacement, describing it as an emerging public health crisis.

“Health does not begin in hospitals. It is shaped by the environments we live in, the choices we make, and the systems we build,” he said.

Calling for renewed commitment, Dr. Ranatunga urged stakeholders to invest in prevention, embrace innovation, and ensure that science remains central to policy and practice.

“Science is not just about knowledge—it is about ensuring that everyone has the opportunity to live healthy, dignified lives, and that no one is left behind,” he added.

 

By Ifham Nizam

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Sharing the festive joy with ‘Awurudu Kaale’

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The visually impaired who make up Bright Light Band in Awurudu attire

Melantha Perera is well known as a very versatile musician.

He was involved with the band Mirage, as their keyboardist/vocalist, and was also seen in action with other outfits, as well, before embarking on a trip to Australia, as a solo artiste.

I now hear that he has plans to operate as a trio.

However, what has got many talking about Melantha, these days, is his awesome work with the visually impaired Bright Light Band.

They have worked out a special song for the Sinhala and Tamil New Year, aptly titled ‘Awurudu Kaale.

Says Melantha: “This song has been created to celebrate the spirit of the Sinhala and Tamil New Year and to share the joy of the Awurudu season with all Sri Lankans”.

Yes, of course, Melantha composed the song, with the lyrics written collaboratively by Melantha, Badra, and the parents of the talented performers, whose creative input brought the song to life during moments of inspiration.

Melantha Perera: Awesome work with Bright Light Band

This meaningful collaboration reflects the strong community behind the Bright Light Band.

According to Melantha, accompaning the song is a vibrant video production that also features the involvement of the parents, highlighting unity, joy, and togetherness.

Beyond showcasing their musical talents, the visually impaired members of Bright Light Band deliver a powerful message, through this project, that their abilities extend beyond singing, as they also express themselves through movement and dance.

Melantha expressed his satisfaction with the outcome of the project and looks forward to sharing it with audiences across the country during this festive season.

He went on to say that Bright Light Band extends its sincere gratitude to Bcert Australia for their generous Mian sponsorship, the CEO of the company, Samath Fernando, for his continuous support in making such initiatives possible, and Rukshan Perera for his personal support and encouragement in bringing this project to completion.

The band also acknowledges Udara Fernando for his invaluable contribution, generously providing studio space and accommodating extended recording sessions to suit the children’s availability.

Appreciation is warmly extended to the parents, whose unwavering commitment from ensuring attendance at rehearsals to supporting the video production has been instrumental in the success of this project.

Through ‘Awurudu Kaale’, Bright Light Band hopes to spread festive cheer and inspire audiences, proving that passion and talent know no boundaries.

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