Comprehensive account of Intellectual Property Law

Reviewed by Dr. Wickrema Weerasooriya

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 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 recognised items of Intellectual Property such as inventions, literary and artistic works, rights of performers, producers of sound recordings and broadcasting organisations, 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.

This book is written in the format of 14 chapters or ‘Parts’, each of which examines both the concepts and the law related to intellectual property. Then follows a list of cases referred to in the text and an index of the important terms and their page references.

Part I (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 vacations, 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 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. The section on ‘Fair Use’ explains how protected works can be legally used for certain activities such as news, reporting, teaching, and so on,. without infringement. Another important section is on ‘Related Rights’ which protects performing artists, record producers and broadcasters. For the curious reader - if you want to know how long copyright protection lasts (its not forever), the answer is on page 93.

The next eight (8) chapters cover industrial designs, patents, marks, associated marks, collective marks and certification marks, trade names, geographical indications, layouts designs of integrated circuits, unfair competition. Each chapter carries a clear definition of the protected area and rights, acquisition of rights and their limitations.

The last four chapters cover the following areas: how intellectual property rights are assigned, transmitted and licensed; registered agents, which explains how a person can be recognised as an agent, and the circumstances, where an agent can act for an on behalf of applicants and owners of intellectual property; norms involving the Director General explains the functions and powers of Director General of the Intellectual Property Office.

The final chapter is the ‘sharp end of the stick’ - and discusses enforcement of the intellectual property law. Intellectual property infringement can be both a civil and a criminal wrong. For example, an infringement caused by using unlicensed software is liable on conviction of a fine not exceeding five hundred thousand rupees or to imprisonment not exceeding six months or to both.

Many company directors may want to read this last chapter which is very instructive in explaining all aspects of enforcement and penalties covering issues such as who can be sued (‘the master can be sued for an act of the servant), burden of proof, intention or negligence, offences, and penalties, procedure and evidence, summons and arrest, search and seizure of goods etc.

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!