SRI LANKA Trends and Developments Contributed by: Anomi Wanigasekera, Charuni Hewage and Sabeera Shariff, Julius & Creasy
Digitisation of trade mark services In line with global trends, the NIPO has also been moving towards the digitisation of trade mark regis - tration and enforcement. Key developments in this area include: • online trademark applications – the NIPO is plan - ning to introduce an online platform for trade mark applications, making it easier for individuals and businesses to apply for and manage their trade marks remotely; and • search and monitoring services – online trade mark databases allow businesses to search for pre- Sri Lanka’s copyright law is governed by Part II of the IP Act, and safeguards the rights of writers, art - ists and producers of musical, artistic and literary works, ensuring that these unique works are legally protected. In addition to pursuing civil and criminal remedies before courts, under Section 22 (3) of the Act, a cop - yright holder may file an application for infringement before the Director-General of the NIPO for adminis - trative dispute resolution. existing trade marks. Copyright in Sri Lanka In addition to prevailing illegal reproductions or dis - semination, the law guarantees that authors have the only right to their works. According to Section 6 of the Act, only original works generated by the creator and not copies of the previous works are protected. This approach to originality is founded on principles of English and European Union law, recognising the value of intellectual creativity and expression. Books, computer programs, music and other creative works of art, science and literature are all protected under the Act. Copyright includes economic and moral rights. Eco - nomic rights enable the owner to profit financially from their work, whereas moral rights protect the author’s honour and character. Most importantly, the protec - tion can be obtained without registration, since the rights are automatically granted when the work is published.
Copyright protection in Sri Lanka lasts for the author’s lifetime and an additional 70 years after the author’s death, indicating that only human authors can hold such rights. When compared to copyright, related rights are a rela - tively recent legal term that protects the interests of persons who contribute to making the copyright avail - able to the public. Furthermore, related rights address technical proficiency or inventiveness and comprise three types of rights: • broadcasting companies’ rights; • performing artists’ rights; and • producers’ rights for sound recordings (phono - grams). The related rights do not interfere with the copyright owner’s rights. Copyright focuses on ensuring the rights of the authors of literary and artistic works, whereas related rights ensure the rights of those who make such work available to the public. Section 19 of the Act recognises the right to equita - ble remuneration for performers and the producers of sound recordings. This establishes a legal foundation to safeguard the rights of artists and ensure that they are paid for using their creations. Accordingly, regard - ing a publication of a sound recording for commer - cial purposes or reproductions of a sound recording for the purpose of broadcasting, or any other form for communication to the public or for public per - formance, the relevant performer/s and the sound recording producer are entitled to receive a royalty payment from such a user. The decision on the issue of whether the claimed remuneration is “equitable” or not will depend on the facts of each case. Although the relevant legislation has been initiated, a proper mechanism for the regulation of royalty payments is yet to be finalised. As technology advances globally, Sri Lanka has real - ised the need to amend its copyright laws. The WIPO oversees international treaties and the proposed amendments seeking to address the use of emerging technology.
568 CHAMBERS.COM
Powered by FlippingBook