Kadirgamar and the Intellectual Property Law

In 1977, Lakshman Kadirgamar, as the head of the Asia Pacific Bureau of the WIPO, had discussions with the President of the Bar Association of Sri Lanka -Dr. H. W. Jayewardene and Minister of Trade and Shipping Lalith Athulathmudali, to assist Sri Lanka to revise the Intellectual Property Laws of Sri Lanka.
 

Pursuant to these discussions, in September 1977 the Minister of Trade and Shipping appointed a committee to revise the laws on Intellectual Property in keeping with the commercial policies of the Government. I had the privilege of serving as the Secretary of that Law Revision Committee.
 

Intellectual Property Laws at that time comprised of several Ordinances which were archaic. Such as,
 

Merchandise Marks Ordinance of 1888; Designs Ordinance of 1904; Patents Ordinance of 1906; Copyright Act 1911;  Copyright Ordinance of 1912; Trade Marks Ordinance of 1925.
 

Lakshman Kadirgamar through the WIPO submitted a set of model laws, which the Law Revision Committee accepted with modifications and amendments to suit Sri Lanka. Incidentally, the first seminar organised by the Sri Lanka authorities and the WIPO to discuss the changes to the Intellectual Property Law was held in this very same hall in 1977. 
 

On May 25, 1979, the Parliament of the Democratic Socialist Republic of Sri Lanka enacted the Code of Intellectual Property Act No. 52 of 1979.
 

This Act was again revised in the year 2003 to adhere to the Trade Related Intellectual Property Rights Agreement. Mr. Kanag-Isvaran, PC who is present here today was the Chairman and I was a Member of this Law Revision Committee.  Lakshman Kadirgamarwas consulted by his Cabinet colleague Mr. Kingsley Wickremaratne, Minister of Trade. Many aspects concerning the amendments to the Law were discussed.
 

To comply with the Trade Related Intellectual Property Rights Agreement, the Intellectual Property Act No. 36 of 2003 was enacted. 
 

WIPO’s constructive role to assist the advancement of the Intellectual Property Laws in this region is commendable. The resident Intellectual Property training course for participants from Asia which was commenced by Lakshman Kadirgamar in the year 1979 was held annually in Sri Lanka, at this Institute, until the year 2000.This training course could not be continued due to the menace of terrorism which prevailed in Sri Lanka. Now that the conflict is over may I suggest to Dr. Gurry to consider the possibility of re-commencing this training course in Sri Lanka.     
 

Dr. Gurry, WIPO may also consider assisting Sri Lanka to establish an internationally accepted searching authority to examine prior art on specifications of inventions seeking novelty. Such an authority will be of great assistance for the inventors as they could ascertain whether their inventions are new to the world.