Connect with us

Features

Intellectual Property Law

Published

on

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.



Continue Reading
Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Features

Proactive peacemaking becomes a paramount need

Published

on

Wasting wars: Some war-displaced people in Lebanon. BBC

It may be some time before the full impact of food inflation is felt in the West. Until such time the world would continue to keep itself in suspense over whether the Trump administration is in earnest when it seeks to convey the impression that it is backing a negotiated solution in West Asia.

As is usually the case, consumer stress would be one of the final determinants of political change. To the degree to which the average US consumer somehow ‘muddles through’ and puts the food on the table, to the same extent would the Republican sections of the US public in particular be tolerant of the Trump administration’s inconsistent handling of the West Asian war and the main issues stemming from it. That is, there would be no grave popular disaffection and a demand for political change in the short term.

However, the indications are that the Trump administration’s support base is suffering some erosion in the wake of the current economic crisis. While reports indicate that Democratic sections are firming-up their opposition to the political centre, Republican support for Trump is also showing signs of waning, we are given to understand.

The above developments are probably why Trump is on record as having given Israeli Prime Minister Benjamin Netanyahu a ‘dressing down’ recently on his seeming intransigence on the question of giving negotiations a chance in West Asia. The show of displeasure could be really aimed by Trump at containing the impatience of the American public.

However, the current ground situation in the Middle East, particularly the uncontained bloodshed, is likely to impress on the thinking sections of the world that more than temporary political change is needed in West Asia and the US.

A well thought out political solution that addresses all the contentious issues at the heart of the Middle East conflict is what enlightened opinion would demand, and very rightly. Right now, the ‘peace efforts’ initiated by the Trump administration give the impression of being piecemeal solutions at best.

There have been, of course, numerous initiatives in the past aimed at bringing permanent peace to the Middle East. These failed mainly because they did not address in full the root causes of the conflict.

At bottom the Middle East conflict is mainly about race and religious hate bred by socio-economic and material inequalities. For instance, if the Palestinian people were not displaced and deprived of land occupied by them at the time of the founding of the Israeli state, ethnic enmities would not have grown to the current unmanageable proportions.

When addressing the above questions, though, it must be remembered that the Israelis too were a displaced people who were entitled to land and a state of their own in the Middle East. Basically, out of these seemingly irreconcilable and conflicting demands have grown the Middle East imbroglio.

Middle East peace is considerably about reconciling these demands and arriving at a solution that would ensure the creation of two states that would opt for peaceful co-existence thereafter.

As long as the US does not see the need for a non-partisan solution that addresses the needs of both ethnicities and religions and goes all-out, as it were, to have it implemented, the Middle East would continue to bleed.

However, staunching the blood flow through the creation of two states would be only half the job done, though a very important part of it. More pernicious, pervasive and difficult to remedy are the inter-ethnic and inter-religious hatreds that have been unleashed over the decades.

However, if substantial, long-lasting peace is to be fostered in the region the latter ‘demons’ would need to be exorcised from the hearts and minds of the communities concerned. No doubt an uphill task but one that must be undertaken by those who wish the region well.

The UN would need to put its ‘best foot forward’ in such undertakings but it is time that it dawned on the international community and other caring quarters that Middle East peace, and all other such uphill challenges, require proactive peacemaking on the part of all civilized sections for their effective management. That is, public involvement in peacemaking too is a must.

Since hatreds are harboured in the human consciousness the enmities embedded in the latter need to be managed and defused judiciously alongside other undertakings in a peace process. In the case of West Asia, such enmities could be even spread globe-wide besides being multi-dimensional. For instance, it ought to be thought-provoking that Iran is insistent on a peace initiative that would also include Lebanon.

Besides security considerations it is also ethnic and religious affiliations that account for Iran making this demand. For instance, the Shias are a numerically important religious community in Lebanon and they provide a significant number of Hizbollah fighters, who are in a vital sense carrying out a ‘proxy war’ for Iran. It also needs to be factored in that Iran is a Shia-majority country.

Thus trans-border religious affiliations could add to the complexities and enormity of ethno-religious conflicts. However, the task of managing centuries-long enmities needs to be launched and prodded on with by peacemakers since a downing of arms alone would not guarantee substantive peace.

It is not realized sufficiently that the process of ending hatreds begins with mutual apologies by antagonists to a conflict for the harm inflicted on each other. This would be anathema in some ears but there is no getting away from the requirement. It is the vital first step to permanent peace anywhere.

In fact there could be no reconciliation worth speaking of without such mutual apologies. It is a point worth re-iterating in these times when even the government of Sri Lanka is voicing the need for national reconciliation. Well, without the words, ‘I am sorry’, there could be no permanent end to enmities – they would do well to remember.

The above requirements may not go down very well with governments, but they resonate in the hearts and minds of most people, since they are inheritors of religious traditions of some kind.

This is a principal reason why peacemaking works well when publics too are involved in them. The effectiveness of such campaigns increases several fold when they have a Mahatma Gandhi or a Jawaharlal Nehru at their helm. A strong proactive involvement by the public in peace could lead to the emergence of such leaders at some point in these campaigns.

Continue Reading

Features

Dialog Brings Sri Lanka’s Largest Digital Vesak Experience to Matara

Published

on

From left to right: Hon. Saroja Savithri Paulraj, Hon. Sunil Handunnetti, and Lasantha Theverapperuma experience the Dialog 5G Ultra-powered VR tours.

Official Digital Partner of the 2026 ‘Dakshina Prabha’ National Vesak Zone

Dialog Axiata PLC, Sri Lanka’s #1 connectivity provider, collaborated with the Ministry of Buddha Sasana, Religious and Cultural Affairs to bring one of Sri Lanka’s largest and most technologically advanced Vesak experiences to the ‘Dakshina Prabha’ National Vesak Zone. The three-day celebration, in Matara attracted more than hundred thousand visitors, who engaged with a series of innovative digital activities powered by Dialog 5G Ultra, including Artificial Intelligence (AI) and Virtual Reality (VR) experiences, digital pandols and a Data Dansala. The opening ceremony was attended by Hon. Sunil Handunnetti, Minister of Industry and Entrepreneurship Development and Hon. Saroja Savithri Paulraj, Minister of Women and Child Affairs, along with distinguished guests and Dialog’s senior management.

One of the key attractions at the venue was the Dialog 5G Ultra-powered Virtual Reality (VR) experience, which attracted more than 35,000 participants. The activation enabled devotees to virtually visit and pay homage to sacred Buddhist sites, including the Jaya Sri Maha Bodhi in India and the Atamasthana in Anuradhapura, directly from the Vesak zone in Matara.

Visitors receive complimentary mobile data through Dialog’s QR-powered Data Dansala.

Dialog also conducted an AI Digital Vesak Greeting Card Competition from 21 May to 01 June 2026, attracting numerous entries from across the country. The shortlisted designs were showcased across 20 large LED screens throughout the venue and across Matara City, and were also made available for download via mobile devices. Further, through the use of AI, traditional Jathaka Katha were reimagined in a digital format, demonstrating how technology can be used to preserve and enhance cultural and religious heritage. Together, these initiatives blended traditional Vesak celebrations with emerging technologies, offering visitors a unique and immersive way to engage with Vesak traditions.

 Extending the spirit of Vesak through connectivity, Dialog conducted a special Data Dansala powered by its QR Reload platform, enabling visitors to receive complimentary mobile data by scanning QR codes placed across the venue. In addition to the Matara National Vesak Zone, similar Data Dansala activations were also conducted at the Gangaramaya and Bauddhaloka Vesak zones in Colombo.Visitors also had the opportunity to create personalised Vesak-themed digital photos through an AI Photo Booth, generating AI-enhanced portraits using their own photographs and adding a contemporary digital element to the Vesak celebrations.

Visitors watch AI-generated Jathaka Katha

Commenting on the initiative, Hon. Sunil Handunnetti, Minister of Industry and Entrepreneurship Development, said, “The 2026 Dakshina Prabha Vesak Festival marked the first time AI-powered digital innovations were incorporated into a National Vesak Festival in Sri Lanka. Presenting Buddhist stories and teachings through technology created a new and engaging way for visitors to connect with these traditions. We thank Dialog for supporting this initiative and for working closely with us to bring our vision to life. Their contribution played an important role in making this first-of-its-kind event a reality.”

 Lasantha Theverapperuma, Group Chief Marketing Officer of Dialog Axiata PLC said, “We thank the Government of Sri Lanka for the opportunity to support the 2026 Dakshina Prabha National Vesak Festival and for embracing technology as part of this year’s celebrations. As the Official Digital Partner, we were privileged to contribute through our Dialog 5G Ultra and AI capabilities, creating new ways for visitors to engage with Vesak traditions while preserving their cultural significance for future generations.”

Beyond supporting the National Vesak Zone in Matara, Dialog also enhanced the Gangaramaya and Bauddhaloka Vesak zones through a range of digital activations during the Vesak season. The company additionally continued its sustainability initiatives, including the Thirasara Aloka Poojawa, which illuminated rural places of worship through solar-powered lighting solutions.

Continue Reading

Features

Beauty, elegance and talent…for women

Published

on

Universal Woman is an international pageant focused on “beauty, elegance, and talent” for women, positioning itself as a platform to shape global ambassadors. The 2026 edition will be held in Cambodia, and Sri Lanka will be there, as well.

According to reports coming my way, contestants, at the international event, will work with industry trailblazers, under international standards.

Sri Lankan supermodel, runway and pageant trainer Chulpadmendra Kumarapathirana, is the National Director for Universal Woman Sri Lanka 2026.

With over two decades in the industry, Chula was crowned Miss Sri Lanka 2006, and has since shaped the next generation of titleholders through her Colombo-based Chulpadmendra Catwalk Studio, widely regarded as one of the country’s leading modelling academies.

The team behind Universal Woman Sri Lanka 2026

A former host of Derana Miss Sri Lanka for Miss World 2008 and a judge for Miss Universe Sri Lanka 2025, Chula now serves as National Director for Universal Woman Sri Lanka 2026, leading the franchise’s search for Sri Lanka’s delegate to the international final in Cambodia.

Applications for Universal Woman Sri Lanka 2026 are being taken, via WhatsApp: 077 659 4994, says Chula.

The judging panel for Universal Woman Sri Lanka 2026 includes Senaka De Silva, Pageant Aesthetic Advisor & Chairperson of the Judging Panel, Angela Seneviratne, Caroline Jurie, Rozelle Plunkett, and Suraj Mapa.

Universal Woman Sri Lanka 2026 officially began its journey with a first round of auditions, held in Colombo, marking the start of an exciting new chapter in Sri Lanka’s pageant industry.

Launching the first round of auditions

The platform aims to empower women while selecting an intelligent, confident, and inspiring representative to compete at the Universal Woman International Pageant 2026 in Cambodia, this September.

Universal Woman Sri Lanka now moves forward with the vision of creating one of the country’s most prestigious and empowering pageants while preparing to crown a queen who will proudly represent Sri Lanka on the international stage.

Continue Reading

Trending