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Intellectual Property Rights Enrich Sri Lankan Innovation

by US Ambassador to Sri Lanka and the Maldives Jeffrey J. Lunstead


by US Ambassador to Sri Lanka and the Maldives Jeffrey J. Lunstead

When bright and talented people push the limits of science, technology and creative knowledge forward to create products that improve the human condition, their contributions deserve recognition.

The advancement of knowledge is as labor intensive as any other profession. Intellectual property shares many of the characteristics associated with real and personal property. For example, intellectual property is an asset, and as such it can be bought, sold, licensed, exchanged, or gratuitously given away like any other form of property. Though intellectual property is intangible, the intellectual property owner has the right to prevent the unauthorized use or sale of the property.

Without a secure mechanism to retain profits there is little incentive for scientists and artists to apply their energies toward innovation. By enforcement of intellectual property rights (IPR) a society ensures that innovation flourishes and creates an environment fertile for investment.

Consistent enforcement of IPR creates an environment conducive for investment. As the respect for IPR in Sri Lanka increases, local companies and individuals will invest their funds and creative skills in products and services valuable both to Sri Lanka and foreign markets.

Also, transnational corporations will look more favourably upon Sri Lanka as a location for potential investment. Businesses will begin to recognize Sri Lanka as a place where they can open factories and make investments without fear of losing their property to the black market. Increased investment will help to create more jobs and stimulate economic growth.

Businesses often look beyond the bottom line and recognize the importance of strong relationships and positive work environments when deciding where to invest and build factories. American and Sri Lankan business leaders consistently cite loyalty and protection of property as a characteristic potentially more valuable than cheap labor and low costs.

Enforcing property rights protection of Sri Lanka's rich biological diversity will foster economic growth. Ceylon tea is known throughout the world for its unique taste and high quality. Because of its worldwide appeal, the potential for less scrupulous foreign tea producers to misuse the Ceylon tea label exists.

Given the precedent set by the World Trade Organization, the Sri Lankan tea industry has a vested interest in protecting the label Ceylon tea. The same philosophy could also be applied to certain Sri Lankan handicrafts, ayurvedic medicines and other forms of domestic creativity. Similarly, basmati rice and tequila are produced in specific developing countries that hold significant commercial importance.

Verdicts made by the World Trade Organization have secured geographical property rights for these products: production of these goods must take place in India and Mexico respectively. Similar products made from different locations cannot carry these names, instilling benefits for the regions where basmati rice and tequila are produced.

The benefits of intellectual property rights go beyond the market-place and profits, as violations of IPR can lead to unnecessary sickness and accidental deaths. Consumers rely upon the preservation of intellectual property rights to ensure safe medicine and food. Children and the elderly are the most susceptible to false medicines and nutritional products because they use these products more frequently and are more vulnerable to toxins than other sectors of society. Strict IPR enforcement ensures that our medicines and food supplies are safe.

Development of a society that both protects and benefits from a high quality IPR enforcement system takes time. In order to accommodate this transition period, the World Trade Organization created the Trade Related Aspects on Intellectual Property Agreement (TRIPA), which allows countries until 2016 for full compliance on some property rights. While this is over a decade away, today is the time to start enforcing intellectual property rights.

Ultimately Sri Lanka, with its natural resources and the industriousness and creativity of its people stands to gain from a world-class IPR ethic and enforcement structure; yet the desire must come from Sri Lanka's citizens. The development of the nation rests upon all its citizens, its consumers, its voters, its business leaders and its politicians.

Benefits of Intellectual Property Protection at a Glance

Some of the advantages that developing countries acknowledge as having directly resulted from increased enforcement of the intellectual property laws are: Stimulation of creativity and inventiveness in society, thereby contributing to a country's development.

Provision and protection of the infrastructure necessary for the growth of production, manufacture, and distribution within the cultural, educational, and entertainment industries.

Creation of an environment conducive to attracting domestic and foreign private sector investment in the copyright industries.

Protection - in view of emerging technologies - of expressions of folklore and live performances through the enhanced legal protection of performers' rights.

For more information on intellectual property rights, please visit http://usinfo.state.gov/products/pubs/intelprp/http:
//usinfo.state.gov/products/pubs/intelprp/

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