Business
Geographical Indications for Sri Lankan products: The need to expand local registration
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.
Business
Public finances put the government in a tight spot
‘Can’t spend more than Rs. 4,219 billion for 2025’
‘Low GDP forecast is one of the main constraints’
Minister says,’govt is navigating the challenges’
By Sanath Nanayakkare
The management of public finances in 2025, has thrown a huge challenge at the government, according to Prof. Anil Jayantha Fernando, Minister of Labour and Deputy Minister of Economic Development.He went on to say that the government is taking a broader perspective of the prevailing situation and is navigating the challenges well.
“Although we have enough money now, we can’t spend more than Rs. 4,219 billion for the fiscal year 2025”, he stated on January 17, 2025, delivering the keynote address at the 11th edition of the First Capital investor Symposium, held at Cinnamon Grand, Colombo.
“The period available for us to come up with the Budget creates a lot of constraints, and in addition, system embedded constraints are also there. The main constraint is the forecasted GDP for 2025. It has been calculated based on economic variables and past trends. The growth rate in 2024 was 2.1% and the expected real GDP growth for the next 4 – 5 years is around 2-3%. Because of these low expectations, the GDP expectations for 2025 have been confined to Rs. 33 trillion rupees. Other primary spending is subject to this cap. 13% of expected GDP is the cap for revenue expenses. No matter we have enough money now, we can’t spend more than Rs. 4,219 billion for 2025,” he said.
“That is a bit of a challenge for us. There is a ceiling for capital expenses which is 4% of the GDP. It comes to about Rs. 1,320 billion. We can increase that by reducing revenue expenses. But you can’t reduce each expense that much because the bulk of the revenue expenses comprise state salaries, pensions etc. So, there is very little fiscal space, but when it comes to capital expenses, there is some space there. Some of these expenses are incurred by ongoing projects. We were able to repurpose some of the ongoing projects for this year, and we managed to incorporate some [new] capital expenditure; in other words, the items that we had presented in our manifesto, into this space. Anyway, I would like to mention that 2025 will be a challenging year. After all, depending on the success we are going to achieve in 2025, there will be a comfortable position for us at the next [IMF]review and discussions in the future,” he said.
Speaking about the investment landscape, he said, “Our government was given a different mandate. It has been perceived differently by different segments of the country. The individuals of society is oriented towards maximizing their own wealth from investments, but not all individuals in society can gain from them in an equitable manner. So, the government wants to act as an instrument in striking a balance between individual interests and public interests. We will take that mandate from that perspective and act as true agents of the masses without creating any conflicts of interest. Our policy decisions and activities will be driven towards upholding the public interest over private interests.”
“People may have different perceptions about our government. That may be why sometimes there is a sentiment in society that the new government is not doing anything. They talk about the price of commodities remaining at the same levels, or even higher. Of course, we need to solve these. However, as a responsible government, we need to look at things in a broader perspective.”
“Political stability is now in place. We have been managing fiscal stability as per the [IMF] benchmarks. But we still need to broaden the taxbase and optimize tax administration. When it comes to financial stability, we are seeing a normal yield curve and the interest rate is also coming down gradually. That is reflected in the forex market as well.”
“We have a big target for foreign exchange reserves this year and in the coming years. The signs indicate that we will be able to achieve it despite challenges in the way. Allowing motor vehicle imports is necessary as the economy is reviving and that will be another challenge that we have to deal with.”
“Social stabilization also needs a lot of focus as a large majority of the masses are struggling. We have taken measures to iron out this situation to some extent. We are contemplating on giving more targeted benefits to the vulnerable segments.”
“The Opposition would say that we are inexperienced, but we have that political experience, and we are in a learning process. And that learning would help us take things in the right direction.”
“A rift can occur when the financial system stability is not connected to the real economy and when it is not driven by the economic fundamentals. We need to bring about a robust and vibrant capital market in the future. When we have an alienated financial sphere and operate it in such a manner, it could lead to market bubbles and consequently to inevitable crashes. So, we need to see how best we can share accurate and credible market information without leaving room for irregularities, insider trading and so on. The government’s objective is to create a capital market where accurate information is freely available and with one’s competence and talent, they can identify suitable investment vehicles and channel their savings into the right portfolios. When only a few have exclusive information about the goings-on in the capital market, that is not democratic. This is where new technology should be deployed to bridge that gap.”
“It appears that the political, economic, financial and techno spheres are making their own separate journey. Our vision is to converge these spheres as much as possible, so that the capital and financial markets can link to create capital formation by attracting more savings.”
“The government will create such a conducive environment for capital formation to help energize the economy where national savings will be channeled into investments.”
“The capital market’s efficiency should not be compromised by the adverse elements I mentioned earlier. We think that market efficiency is not up to the mark at present. For example, the extraordinary performance of the stock market shows increased confidence in investors because of the policies of the government, but I won’t say that this was only because of government action,” the minister said candidly.
At the dinner-time networking following the First Capital Investor symposium, a participant was heard telling a friend, “We’d better have some money ready to invest in short-tenor government securities which might generate rising yields.”
Business
IIBM Campus recognised as Best Emerging Education Institute of the Year
IIBM Campus, a rapidly growing private educational institution, has been awarded the prestigious “Best Emerging Education Institute of the Year” award, a testament to its innovative approach to learning and its unwavering commitment to student success. The award, presented at the People’s Excellency Awards 2024 at BMICH on 29th December 2024, recognizes the institute’s exceptional contributions to the field of education and its significant impact on the lives of its students.
IIBM provides comprehensive support for students aspiring to study abroad. Recognizing the transformative power of international education, the institute has developed a robust study abroad program that guides students through every step of the process, from choosing the right country and university to securing a student visa. The institute’s commitment to student success is evident in its remarkably high student visa success rate. Expert student counselors work closely with each student to identify their academic goals, budgetary constraints, and personal preferences, assisting them in finding the perfect fit in terms of program, university and country.
Business
First Capital Colombo Investor Symposium broadens investors’ horizons
First Capital Holdings PLC successfully hosted its 11th Edition of its First Capital Colombo Investor Symposium on 17th January, at the Cinnamon Grand, Colombo. Drawing over 300 invitees and 400 participants online, the event proved to be one of the largest and most influential investor gatherings in the country, further solidifying First Capital Holdings’ leadership in fostering economic discourse and empowering investors with strategic insights. The focus of this year’s symposium was Sri Lanka’s Economic Outlook for 2025, with an in-depth analysis of market forecasts, strategic investment approaches and emerging opportunities within the country’s capital markets.
The highlight of the event was the keynote address delivered by Professor Anil Jayantha Fernando, Minister of Labor and Deputy Minister of Economic Development.
The event also featured a distinguished panel discussion, moderated by Deshani Ratnayake, Vice President Corporate Finance at First Capital Holdings. The expert panel included Gihan Cooray, Deputy Chairman/Group Finance Director of John Keells Holdings PLC; Hasitha Premaratne, Managing Director of Brandix; Rachini Rajapaksa, Independent Non-Executive Director of Nations Trust Bank; and Dimantha Mathew, Chief Research and Strategy Officer of First Capital Holdings PLC. The panelists offered a wealth of experience and expertise, providing attendees with comprehensive insights on how to navigate Sri Lanka’s evolving market landscape and capitalize on emerging investment opportunities. The symposium also featured a comprehensive presentation by Dimantha Mathew together with Ranjan Ranatunga, Assistant Vice President – Research at First Capital, who delved deeper into market dynamics and key trends that investors should closely monitor in 2025.
Dilshan Wirasekara, Managing Director/CEO of First Capital Holdings PLC, emphasized the institution’s unwavering commitment to shaping Sri Lanka’s investment landscape: “At First Capital, we are dedicated to creating value for our clients by providing them with deep market insights and actionable strategies. Events like the First Capital Colombo Investor Symposium allow us to bring together thought leaders and investors to not only share knowledge but also to foster a collaborative approach to achieving sustainable investment success.”
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