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Book Review
Eye-opener on intellectual property
Title:
Elements of the
Law of Intellectual
Property in Sri Lanka
Author:
D M Karunaratne
Publisher:
Sarasavi Publishers
(Price Rs 650)
It is my pleasure to review this book for several reasons. It is an
excellent book on the subject that stimulates anyone's mind.
'Intellectual Property' is the subject of the future and I ask my
students to learn about it more and more - in preference to many other
traditional subjects.
Another reason for this review is that the book's author Dr D M
Karunaratna is one of the best known experts on the subject - both in
Sri Lanka and internationally. His experience and knowledge of the
subject is fantastic. Not only does Dr Karunaratna know the entire
subject and can write about it - like the book he has now produced - 'Karu'
(as I fondly call him) is also an excellent lecturer. He introduces and
mixes local anecdotes and Sri Lankan folklore and literature beautifully
into what has now become a subject of global importance and interest.
Dr Karunaratna's long experience as a lawyer, as a State Counsel in
the Attorney General's Department and his equally long tenure and
experience as the Director General of our country's Intellectual
Property Office - has made him an 'icon' in this field. I consider Dr
Karunaratna as Sri Lanka's 'Intellectual Property'. I rate him that high
and believe no one will disagree.
Generally speaking, Intellectual Property Law relates to human
creativity. It primarily attempts to foster human creativity by
safeguarding the results of creative efforts. Perhaps, the most valuable
asset of the human family is the productions of creativity that
contribute to the social and economic development. It is also a law that
is fundamental to business strategies and management.
As another generalization, the book provides a concise but
comprehensive account of the Intellectual Property Law in Sri Lanka. The
areas covered include the legislative history, the recognized items of
Intellectual Property such as inventions, literary and artistic works,
rights of performers, producers of sound recordings and broadcasting
organizations, expressions of folklore, marks (trademarks, service
marks, associated marks, collective marks and certification marks),
trade names, industrial designs, unfair competition, undisclosed
information, layout designs and geographical indication, the protected
rights and the acquisition, management and enforcement of the protected
rights.
Part 1 (introductory remarks) acquaints the reader with the 'basics'
and concepts of intellectual property. Although the subject is
far-reaching, complex and can be somewhat technical, the author
excellently succeeds in creating an easy-to-read synopsis or summary of
the elementary ideas, the history of the related law, its development
and current implementation, and how the law in Sri Lanka is connected to
the international context. This chapter therefore is a 'must-read' for
anyone seeking a good comprehensive introduction to the subject. The
author traces its path commencing from the starting point - the British
colonial period - through to its current form as the Intellectual
Property Act No 36 of 2003, he then reaches out to explain the
international instruments to which Sri Lanka is party to and concludes
with a summary of the main features of the current Act.
The second chapter dedicated to 'Copyright, Related Rights and Allied
Areas'. This delightful chapter begins with a definition ("the law of
copyright concerns the rights of authors of literary, artistic and
scientific creations") and then proceeds to explain how these rights are
protected. Page 58 gives a list of what is protected. So if you are an
author, a teacher, an actor, a movie director, musician, playwright,
painter or sculptor, architect to name only a few vocations, you will be
pleased to know that the results of your creative efforts can be
protected by the law.
So too - software companies and software developers will be comforted
by knowing their valuable computer programs can be protected.
Dr Karunaratna explains the 'norms' that determine if your work can
be protected, and explains issues such as originality, expression of an
idea (you cannot copyright and an idea - only the expression of an idea)
etc. The section on what is not protected (for example, news of the day
when published, broadcast or publicly communicated is not protected) is
equally illuminating. The discussion of 'Economic Rights' explains how
you as a copyright owner can get financial benefit from reproduction,
rental and otherwise, of your intellectual property. Another plus for
this book is the style of writing. Dr Karunaratna has presented the
subject in a clear and easily understandable manner. The publisher -
Sarasavi - should also be congratulated for pricing it at Rs 650, an
affordable price for such an excellent book. Reviews are not necessary
to sell this book.
Dr Wickrema Weerasooria |
