Utilizing Traditional Knowledge for Development in Sri Lanka: a Legal Analysis With a Special Emphasis on Intellectual Property Law

Abstract

Traditional Knowledge was not originally recognized as a part of the realm of intellectual property rights as its unique attributes did not align with the theoretical underpinning of intellectual property rights. Nevertheless, an emerging trend occurred with Traditional Knowledge becoming susceptible to unauthorized appropriation by third parties without sharing benefits with the knowledge holder, which was commonly referred to as biopiracy. Consequently, developing nations, along with indigenous communities, started advocating for an expansion of the scope of intellectual property law to protect and preserve Traditional Knowledge. Sri Lanka, often renowned for its cultural and biodiversity richness, is a treasure trove of Traditional Knowledge. However, the absence of an adequate legal framework addressing Traditional Knowledge, coupled with a number of failed Legislative attempts such as the Genetic Resources – Access and Benefit Sharing Act of 2000 and 2009 Bill has placed Sri Lanka in a disadvantageous position. Therefore, it is the objective of the researcher to introduce a comprehensive legal framework related to Traditional Knowledge, under IP law, considering the rights of the knowledge holders and the potential for commercialization to achieve the development of the country. This study looks at international standards and Indian laws and policies to gain insights on enhancing the Sri Lankan legal framework. Consequently, the researcher proposes several defensive and positive measures that can be implemented to strengthen the legal framework pertaining to Traditional Knowledge in Sri Lanka. The researcher finds that Sri Lanka could benefit from a sui generis law that takes into account the dual objectives of creating value from Traditional Knowledge and safeguarding the rights of knowledge holders, thereby promoting the country's development.