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Intellectual Property Act to include Geographical Indication registration

19 Jan 2022

  • Both local and int’l. product manufacturers to benefit 
By Imsha Iqbal  The Intellectual Property (IP) Act No. 36 of 2003 that was approved on Monday (17) by the Cabinet of Ministers, is to be amended to include the geographical indication (GI) registration.     Speaking to The Morning Business yesterday (19), National Intellectual Property Office (NIPO) Director General (DG) Geethanjalee Ranawaka said: “The amendment will facilitate issuing a separate certificate to register the geographical indication for products that are exclusive to a particular geographical area originating from Sri Lanka, such as Ceylon tea and Ceylon cinnamon.” According to Ranawaka, this aforesaid GI registration can be obtained by both local as well as international product manufacturers.  “It (GI) would be a logo or a tool that indicates the exclusiveness of the product that is manufactured in a certain geographical location in a country in terms of Sri Lanka or a territory of Sri Lanka, or even beyond the borders of Sri Lanka.” She added, for instance, it would be indicated if a particular cheese product which comes from a territory of France has been registered in the originated country and that same product can be registered in Sri Lanka as well.  “This was a proposed amendment there for a while and now it has been approved by the Legal Draftsman and the Attorney General’s Department, and it was approved by the Cabinet in order to proceed with the amendment to be published in the gazette. Thereafter, it is to be tabled in Parliament.” Responding to an inquiry made, Ranawaka said that this GI registration would be a useful tool for agricultural and other product stakeholders. A particular community who is engaged in harvesting or manufacturing a certain product can file an application in order to obtain this certificate. The NIPO is to provide a certification that it is a genuine product of this territory or country which would eventually benefit the traders overseas as well.    Ranawaka explained that Sri Lankan exporters can utilise this tool tactfully in order to explore into the international market. Therefore, the local products would be identified; for instance, it would be recognised for even its unique taste. Ceylon cinnamon, for example, has a unique aroma, taste, and is used in international bakery products such as cinnamon rolls. Ranawaka said that due to the country’s soil, atmosphere, and humidity, its uniqueness coupled with the GI registration, adds value to the product.      This registration is subject to a payment of fee; however, it would make a positive impact on the market because this is a legally protected GI and will be accepted in the market; due to its genuinity which has been approved, the market share for traders would be expanded, it was noted.  “This will strengthen the intellectual property provisions and give recognition to the local products internationally and vice versa.”  She also said that Madrid Protocol is yet to be brought into the Cabinet which is a registration of a trademark through the Madrid Protocol Rule; it is an international registration. The clearance of the AG has been received for this said Bill drafted by the Legal Draftsman.  Accordingly, the Cabinet of Ministers approved the proposal tabled by Minister of Trade Dr. Bandula Gunawardana to publish the aforesaid Bill in the government gazette, and it is to be submitted to Parliament for approval.

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