Intellectual Property in Sri Lanka

Anomi Wanigasekera, LLM (Wales), Attorney-at-Law is the Partner in charge of the Intellectual Property Group at Sir Lankan Julius & Creasy law firm. She holds Diplomas in Intellectual Property Law, International Trade Law, Banking and Insurance Law of Institute of Advanced Legal Studies of the Incorporated Council of Legal Education and has extensive experience in […]

Anomi Wanigasekera, LLM (Wales), Attorney-at-Law is the Partner in charge of the Intellectual Property Group at Sir Lankan Julius & Creasy law firm. She holds Diplomas in Intellectual Property Law, International Trade Law, Banking and Insurance Law of Institute of Advanced Legal Studies of the Incorporated Council of Legal Education and has extensive experience in contentious and non-contentious Intellectual Property Law matters. She has extensive experience in the full range of enforcement, management and transactional matters pertaining to intellectual property law, including representing clients before the National Intellectual Property Office, acting for multinationals as well as Sri Lankan conglomerates in respect of infringement actions, applying for injunctions and search and/or seizure orders. She also overlooks the drafting and reviewing of contracts and advises on regulatory compliance matters.

As a thought leader who’s been involved in several complex Trademarks, Designs and Infringement cases, Mrs. Wanigasekera caught up with Finance Monthly to discuss Intellectual Property in Sri Lanka.

 

What is the most common mistake that companies make in regards to their patenting?

One of the key mistakes that corporation make is delay in filing the patent applications – once the patented products/process is publicised, the novelty is lost.

 

When it comes to patenting, how has increased use of technology impacted the protection of unique inventions?

The local inventors are more aware of IP protection and we see an increase in the number of patent filings in Sri Lanka.

 

Moreover, with the globe being more interconnected than ever before, how much easier or difficult does it make to keep on top of updated laws? What other impact has globalisation had for this sector?

Being fully up-to-date is a must. Globalisation has a positive impact with regard to technological development as far as patents are concerned, as it makes it very easy for companies to check if their idea for an invention exists already.

 

How has the IP sector changed over the years in Sri Lanka?

Sri Lankan IP Law is based on WIPO Model Law.  Code of Intellectual Property Act No. 52 of 1979 came into operation in 1980 and thereafter, in 2003, the Intellectual Property Act o. 36 was enacted which is TRIPS compliance and is the current law in operation.

 

What future developments are you looking forward to? What developments and regulations do you think the island could adopt from other jurisdictions?

Sri Lanka is considering having a separate act for geographical indications and plant varieties, as well as examining the option of acceding to the Madrid Protocol within the next two to three years. We are also considering to introduce the protection of utility models.

Additionally, Sri Lanka’s National Intellectual Property Office has been computerized and the validation process has been completed and expects to be fully automated within the next few years.

Leave A Reply