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By Channa Kasturisinghe

New laws to protect intellectual property rights will be introduced shortly in Sri Lanka. This has become a primary concern of private enterprise mainly in the rapidly growing areas of technology and cultural industries.

The National Intellectual Property Office of Sri Lanka(NIPO) has already drawn up new laws relating to patents, trademarks, copyright works, industrial designs, geographical indications, trade secrets and other types of intellectual property and the proposed Intellectual Property Act will be presented to Parliament in the near future.

Once the proposed Act comes into force the administration of the intellectual property matters will come under a Director General of Intellectual Property and more powers will be vested on him to curb unfair competition and disputes which occur as a result of piracy and counterfeiting.

The new laws in keeping with the World Intellectual Property Organisation requirement will be instrumental in safeguarding national interests, NIPO Director, D.M.Karunaratne told the Daily News.

According to him the current law is not sufficiently clear and enforcement has become difficult to address the wide range of problems relating to intellectual property.

"The new law will cater to modern day requirements of creators and entrepreneurs. Our office will be geared to provide a better service with automated support to facilitate activities such as trademark search, issuing patent rights and the activities of the industrial design division. We have also embarked on a speedier and cost effective way of dispute resolution which will be crucial for maintaining and further development of business relationships, Karunaratne said.

It will also be the responsibility of the NIPO to promote and encourage national awareness of the subject of intellectual property including copyright and related rights by organising exhibitions, contests, seminars and publications. It will ensure the development and management of intellectual property by way of promoting and encouraging the establishment and proper functioning of organisations or societies to protect and administer copyright and related rights.

However, the lack of public awareness about legally protected intangibles, such as patents, works of authorship, and trademarks has resulted in eroding of local talents, especially in the entertainment industry and increasing trade disputes and which has a negative impact on the economy.

For example, in the entertainment industry due to piracy and counterfeiting the creators are finding it difficult to make a living from their talents. Counterfeiting has also caused loss of jobs and incomes in this industry and the public has to satisfy with poor quality products, which abound in the local market. The loss of revenue due to counterfeiting in the music industry has made life difficult for established as well as up-and-coming musicians.

Copying new releases and including parts of songs of low quality, non-stop cassettes without the permission of the music and lyrics composers has become common in the local music industry.

Therefore it is essential for the Government and the stakeholders to make an enough effort in building awareness that copying or possessing illegally copied material is a crime. Introducing new laws alone will not be sufficient and the Government and the stakeholders with the assistance of WIPO should introduce new and innovative systems to combat piracy and counterfeiting.

The fast developing IT sector too is a vulnerable area as far as intellectual property matters are concerned.

In addition to providing legal protection against counterfeiting and piracy the Government through the NIPO should embark on programs for the well-being of the

small-scale entrepreneurs in the country.

The growth of small and medium-sized enterprises (SMEs) has been slow due to various factors. The lack of knowledge on intellectual property systems introduced internationally is a major obstacle in gaining speedy access to retail stores, local markets and distribution networks for the SMEs. No matter the level of quality of the goods they produce it has become a daunting task for them to obtain consumer recognition as significant investment is required to launch powerful marketing campaigns.

In order to assist the SMEs more awareness campaigns should be organised on the value of `collective marks' and `certification marks' introduced under the intellectual property system. Collective marks usually defined as signs that distinguish the geographical origin, material, mode of manufacture or other common characteristics of goods or services of different enterprises using a particular mark.

Collective marks are often used to promote products, which are characteristic of a given region. The system would especially help Sri Lanka's tea products, as geographical indication is a main factor in marketing those products. The entrepreneurs should also be properly educated on the value of certification marks usually given for compliance with defined standards.

Collective and certification marks represent useful instruments for SMEs assisting them to overcome challenges associated with their size and isolation in the market. The National Intellectual Property Office will have a crucial role to play in providing the SMEs with information on the value and procedure for the registration in using collective and certification marks.

A number of priority areas and the role of intellectual property in promoting economic growth of developing countries such as Sri Lanka have been identified at various meetings organised by WIPO in recent times. The priority areas include traditional knowledge, SMEs amd electronic commerce. Sri Lanka should develop strategies and implement programs with the assistance of WIPO with regard to intellectual property issues in these areas and make the public aware.

The field of Intellectual Asset Management (IAM) is another area the Government should focus on in order to develop the human resource of this country.

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