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| Sunday, 14 April 2002 |
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Exclusive patent hits new coir-tex exports by Don Asoka Wijewardena One of Sri Lanka's newest manufactured export industries, the coir-based "Geo-Textiles" export industry, is under threat unless government officials and industrialists can, together battle an exclusive patent for these products secured in the USA. One manufacturer-exporter already faces a legal attempt to block his business by the US-based Sri Lankan businessman. Nearly no similar export ventures directly employing more than 6,000 people in the coconut triangle face the same threat. Lanka Navaratne, proprietor of Botiyawattha Fibre Industries, Kuliyapitiya faces a court action at the Kuliyapitiya Magistrate's Court prohibiting him from manufacturing and exporting geo-textile products. The Sunday Observer learns that US-based Sri Lankan, Lanka Shantha, secured a patent in 1992 for the exclusive right to export coir based geo-textiles made of woven coir fibre and manufactured in variety of sizes. T.M. Dharmasena of Hettipola, acting on behalf of Lanka Shantha, has filed the case arguing that the patent obtained by Lanka Shantha will be valid till April 2007 and that no other person or company is entitled to manufacture or export geo-based textiles as defined in the patent. A senior official of the Coconut Development Authority told The Sunday Observer that the case had been brought to the notice of the CDA and claimed that it had not caused any problem to exports of coir manufactured products "so far". He disclosed that the CDA was expecting a decision from the Registrar of Patents in order to resolve the problem. The Director of the Intellectual Property Office, Dr D. M. Karunaratne, said that the government was aware of the issue. He said that the IPO would take action to nullify the patent in question provided the IPO was provided with scientific information to establish that the technology referred to in the said patent was not new at the time the patent was granted. He noted the patent was granted to Lanka Shantha in 1992 after a thorough examination of patentable technology in Sri Lanka on the available information that geo-textiles were capable of preventing soil erosion and protecting mud banks. "The government cannot help the defendant because Lanka Navaratne has violated the patent rights," said Dr Karunaratne. Manager, Industrial Development Board (Coir Industry), Jasmin Mannapperuma, disclosed that around 6,000 to 7,000 employees engaged in specific handwoven coir mats were affected, including 30-40 coir products manufacturers. She said that the IDB, CDA and export-oriented coir products companies would shortly convene a meeting with coir manufacturers, suppliers and agents to devise a practical strategy to help the defendant and to protect thousands of affected people in the coir industry. Managing Director of the Inter-Coir Public Limited, Seelanatha Kuruppu, said that coir geo-textile manufacturers of that particular patent were unable to manufacture coir products for exports as there was a court case against Sri Lankan coir manufacturer. He also said his company would support to scientifically prove that Lanka Shantha's technology was not new. Deputy General Manager (Coconut Development Authority), S. B. Ratnayaka, said that the CDA had worked out a plan to help the defendant within a legal framework that, whether Magistrate Courts have jurisdiction to hear Patent cases and was awaiting a course of action from the Commissioner of Patents. He added that "export forum" and an organisation called "coir cluster" would also do everything possible to help the defendant and resolve the problem, which had threatened the coir industry. |
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