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Geographical Indications for Sri Lankan products: The need to expand local registration

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Sri Lanka obtained its first-ever Geographical Indication (GI) certification on 02 February 2022 for ‘Ceylon Cinnamon’ from the European Union due to untiring efforts during the last nine years. Ceylon Cinnamon is now in the register of Protected Designations of Origin and Protected Geographical Indications (PGI) and it was published in the Official Journal of the European Union. Can we similarly market and protect distinctive Sri Lankan products such as Ceylon Tea, Ceylon Blue Sapphire, Ruhunu Curd, Dumbara Mats, Ambalangoda Masks and so on? Yes, marketing and protecting geographically unique products are possible by implementing a robust GI system with local registration to support obtaining international registration and protection.

What is a GI?

GI is a labelling system that identifies a product originating from a specific geographical area. It recognises qualities, characteristics, or the product’s reputation that are importantly linked or attributable to its location. The environmental and human factors in such areas help create a high-quality product. An Intellectual Property Right (IPR), GIs protect producers in the identified geographical location who meet the specific standards listed in the GI registration. More than 160 countries have already implemented GI systems for agriculture, handicrafts, food, and wine products. India, Thailand, Vietnam, Indonesia, and Cambodia are some of Sri Lanka’s Asian neighbours which enjoy GI’s economic and social benefits. For example, India introduced GI in 2003 and has registered nearly 400 products, of which more than 100 products are in agriculture. Thailand also introduced GIs in 2003, and by 2019, there were about 100 GI-protected products covering rice, vegetables, fruits, wine, and spirits.

Economic and Social Benefits of GIs

Both developed and developing countries have identified GIs as a potential tool to improve the agriculture and traditional handicrafts sectors by assuring the quality of the products. As in other forms IPRs, GIs also attempt to solve market failures such as information asymmetry. The economic benefits of GIs for producers are similar to the benefits of protecting trademarks and patents. It rewards producers from a geographical area and prevents outside producers who do not meet the production requirement from using such benefits.

Producers receive increased profits by obtaining a price premium for their geographically specific, high-quality products. Studies have shown that the price premium for GI products increase from 20% to 50% compared to non-GI products. For example, in the European Union (EU), the price of a GI product has been estimated to be 2.23 times higher than that of a comparable non-GI product (on average, 1.5 times more for agro-food products). As a policy instrument, GIs have positive implications for protecting indigenous knowledge and generating livelihoods and income for all stakeholders in the value chain. A strong GI eco-system will also attract new investments to the selected regions, thereby boosting the socio-economic development of rural areas. Thus, the country will gain several socio-economic benefits with a GI system.

GI in Sri Lanka: Slow Progress of Local Registration

According to Sri Lanka’s existing IP law, GIs can be protected in three methods. First, as a trademark law in the form of certification mark or a collective mark; second, as a mode of business practice which prevents unfair competition and provides consumer protection; and third, as a sui generis system – i.e. a system of its own. The World Trade Organization’s (WTOs), Trade-Related Intellectual Property Rights Agreement ( TRIPs) agreement does not impose any method and it is based on the country’s legal system. Some countries may have two or three protection systems, and there are pros and cons in each system. It is said that the sui generis system offers the most comprehensive protection for GIs. Internationally most of the countries that use sui generis protection system have a registration system where GIs are registered in a national registry governed by the national authorities.

Sri Lanka obtained certification marks for ‘Ceylon Tea’ in 2010 and ‘Ceylon Cinnamon’ in 2013 which provide local registration for these goods. However, Sri Lanka has not been able to expand local protection for several other similarly unique products yet due to several reasons. The absence of a national registry in the sui generis system and the costly nature of obtaining trademark protection, which require annual renewals, are among the most salient reasons. Added to this, the relevant authorities are not actively identifying potential products and encouraging stakeholders to protect their unique products. Furthermore, stakeholders, especially producers, are not aware of the GI system and there is no mechanism to support stakeholders to obtain local GI registration. The delay in local registration hinders the international registration as it is a prerequisite to go for international registration.

In 2018, as an initial step to create a national registry system for Sri Lanka, an amendment to the existing IP Act was introduced. The amendment confers power to the Minister to prescribe geographical indication in respect of any goods or products. However, as several legal and academic practitioners highlighted, the selection criteria, application procedure, and the modalities of how the GI is prescribed were not specified in the 2018 amendment. A new amendment on the GI registration system which introduces the procedure was tabled in the Parliament this year, the quick passage of which would be beneficial for Sri Lankan producers looking at securing GIs for their products.

Way Forward

A strong GI eco-system motivates all stakeholders in the value chain to protect the uniqueness of their products. This can significantly boost economic development. Therefore, Sri Lanka needs to swiftly pass the new amendment to the IP Act to enable the implantation of a local GI registration system. Equally, it is necessary to identify potential GI products with stakeholders’ support, encourage and build the capacity of relevant agencies for quality control, and encourage producers at the grassroots level to work towards securing GI certification. Further, it is essential to create a mechanism to link stakeholders with the relevant government agencies to obtain local registration initially and then go for international registration. Most importantly, creating awareness among all value chain actors is crucial as they are – finally – the intellectual property owners of their products.

Link to the full Talking Economics blog: https://www.ips.lk/talkingeconomics/2022/03/07/geographical-indications-gis-for-sri-lankan-products-the-need-to-expand-local-registration/

Dilani Hirimuthugodage is a Research Economist at IPS with research interests in Agriculture and Agribusiness Development, Environment, Natural Resources and Climate Change, and Intellectual Property. She holds a BA in Economics with a Second Class (Upper) and Masters in Economics (Distinction Pass) from the University of Colombo. In addition, she is a part-qualified candidate of CIMA-UK. (Talk with Dilani: dilani@ips.lk).

Piyumi Rasangi was a Project Intern at IPS’ Agriculture & Agribusiness Development team.



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President and Indian PM jointly launch and inaugurate three development projects

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The inauguration and commencement of three development projects implemented in the country with the assistance of the Indian Government took place on Saturday (05)

These projects include the commencement of construction of the Sampur Solar Power Plant, which will add 50 megawatts to the national grid, the inauguration of the Temperature and Humidity Controlled Agro Cold Storage complex in Dambulla and the installation of solar panels on 5,000 religious sites. President Anura Kumara Disanayake and Prime Minister Shri Narendra Modi jointly inaugurated and launched these projects via virtual technology following their official meeting at the Presidential Secretariat on Saturday morning.

Prime Minister Modi’s visit to Sri Lanka reaffirms the concept of “Friendship of Centuries, Commitment to a Prosperous Future,” strengthening the deep-rooted ties between the two nations.
The Sampur Solar Power Plant is part of the Eastern Renewable Energy Zone, which is being established under Sri Lanka’s Long-Term Generation Expansion Plan (LTGEP). It is being developed by Trincomalee Power Company, a joint venture between India’s NTPC Limited and the Ceylon Electricity Board (CEB).

The project is planned in two phases, with the second phase scheduled to commence in 2027. A 500-acre land area has been allocated for this initiative, under the first phase it will contribute 50 megawatts of electricity to the national grid. The project will incorporate state-of-the-art N-type TOPCon solar cell technology, enhancing energy security and promoting a shift from fossil fuel dependency to renewable energy sources. Consequently, the Sampur Solar Power Project is expected to reduce annual carbon dioxide emissions by approximately 200,000 tonnes.

The Dambulla Agricultural Storage Complex (Cold Storage Facility), with a capacity of 5,000 metric tons and equipped with temperature and humidity control, was inaugurated today with the objective of reducing post-harvest losses by approximately 40%, stabilizing fluctuations in agricultural product prices, ensuring the supply of high-quality food to consumers and enhancing agricultural sustainability.

To facilitate research on advanced storage methods for different crops, the facility includes six storage chambers, each designed to simulate various climatic conditions. This is the first facility of its kind in Sri Lanka, built at a total cost of LKR 524 million, with LKR 300 million provided as a grant by the Government of India and LKR 224 million contributed by the Government of Sri Lanka.

The Government of India has invested USD 17 million on the project to install solar panels on 5,000 religious sites and  places of worship representing all major religions in all 25 districts. The nitiative, is being implemented jointly by the Ceylon Electricity Board, the Sri Lanka Sustainable Energy Authority and Lanka Electricity Company (Pvt) Ltd.

Under this project, 5,000 solar panel systems with a capacity of 5 kW each will be installed on the rooftops of Buddhist, Hindu, Muslim, Catholic and Christian places of worship. This is expected to add 25 megawatts of solar power capacity to the national electricity grid. The initiative underscores the government’s commitment to a cost-effective, sustainable and reliable energy system.

[PMD]

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Will the U.S. 44% Tariff on Sri Lankan Exports Harm Key Industries? Examining the Impact and Sri Lanka’s Path Forward – Ambassador Kananathan

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Kananathan

Sri Lanka’s export sector is grappling with a significant challenge following the United States’ decision to impose a 44% reciprocal tariff on Sri Lankan goods. This steep tariff threatens the country’s trade with the U.S., particularly in the apparel industry, which serves as a cornerstone of Sri Lanka’s economy.

Tea and Other Exports Also Under Threat

The repercussions extend beyond apparel, with tea exports at risk due to increased costs that may reduce Sri Lanka’s competitiveness against major producers like India, Kenya, and China. Other key export segments, including spices, seafood, and coconut-based products, are also likely to face price pressures, making it difficult for Sri Lankan exporters to sustain their foothold in the U.S. market.

Given that the United States is a major buyer of Sri Lankan goods, this move raises concerns about trade competitiveness, long-term sustainability, and economic stability. The question now is: how will this tariff impact Sri Lanka’s export-driven industries, particularly apparel, and what strategies can be employed to counteract the effects?

A Major Blow to the Apparel Sector – Sri Lanka’s Leading Foreign Exchange Earner

Ambassador Kana Kananathan, former High Commissioner to Kenya, has warned that this development could severely impact the apparel sector, which accounts for nearly 40% of Sri Lanka’s total exports. With U.S. buyers contributing approximately $3.3 billion annually, the apparel trade constitutes a crucial revenue stream for the nation.

A 44% tariff would substantially raise the cost of Sri Lankan apparel, making it less competitive compared to manufacturers in Bangladesh, Vietnam, Cambodia, and India. This could lead to a significant drop in orders from American buyers, posing a serious threat to the industry’s growth and employment rates.

Navigating the Challenge: Government and Industry Response

While immediate government intervention is necessary to mitigate these effects, businesses must also take proactive measures. Innovation, market diversification, and strengthening supply chain resilience will be essential strategies for overcoming these trade barriers. With the right approach, Sri Lanka can navigate this challenge and position itself more robustly in the global marketplace.

Ambassador Kananathan also suggested that exporters explore the ‘1/3 Cost-Sharing Model’ as a potential solution. Under this approach:

=Sri Lankan Manufacturers accept a partial reduction in profit margins, ensuring their products remain competitively priced.

=U.S. Retailers and Brands agree to absorb a portion of the tariff, recognizing the value of maintaining a reliable Sri Lankan supply chain.

=Raw Material Suppliers provide pricing flexibility, such as offering discounts or extending credit terms, to help offset cost increases.

By adopting these strategic adjustments, Sri Lanka’s export industry can mitigate the immediate impact of the tariff while laying the foundation for long-term trade resilience.

( Ambassador Kananathan was Sri Lanka”s former High Commissioner to Kenya and with concurrent accreditation to 23 African countries as well as Sri Lanka’s Permanent representative to UNEP and UN Habitat)

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Three Sinha Industries wins award for excellence at SLIA

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Managing Director Manjula Ariyakumara receiving the award

Three Sinha Industries Pvt. Ltd. has been recognised with the Award of Excellence at the Sri Lanka Institute of Architects (SLIA) Annual Product Awards, held recently in Colombo. The award was presented for the company’s high-quality, fire-resistant doors, which are made using locally sourced materials and designed to meet the highest safety standards. The award ceremony was held recently in Colombo, and Managing Director Manjula Ariyakumara accepted the award on behalf of the company, marking yet another milestone in Three Sinha’s journey of excellence.

From its establishment as a small-scale business, Three Sinha has grown into a trusted name in Sri Lanka’s construction industry. The company has built a strong reputation for its commitment to quality, innovation, and reliability, earning both local and international recognition. Over the years, it has received several certifications for maintaining top-tier quality standards. Three Sinha has also received many other local and international awards.

Three Sinha Industries offers a diverse range of products and services, including roller doors, shutters, and fire-resistant doors that provide enhanced safety and durability. The company also specialises in aluminum fabrications, sensor doors, and automatic barriers, ensuring a comprehensive suite of solutions for the construction sector. Embracing sustainability, Three Sinha has expanded into green energy solutions, offering three types of solar PV electricity systems: on-grid, off-grid, and hybrid. Additionally, its subsidiary, IKLO Industries, focuses on pre-fabricated and pre-engineered steel buildings, incorporating advanced technology to meet modern construction demands. IKLO has also ventured into the agricultural sector by introducing tractor trailers tailored for farming needs. Moreover, the company manufactures high-quality diesel tanks that meet the standards of both the Ceylon Petroleum Corporation and the Indian Oil Corporation.

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