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This book is a reflection on domestic intellectual property
lawmaking from a developing country's perspective. It focuses on
Sri Lanka-a South Asian jurisdiction with a socio-economic,
cultural, and political landscape similar to other developing
nations in the region, but the intellectual property regime of
which has been less explored. The aim of this book is to address
the discrepancies, gaps, and flaws in the national intellectual
property legal framework of Sri Lanka. In doing so, the book
considers Sri Lanka's obligations under TRIPS and other related
intellectual property treaties to which the country is a party. The
book also examines approaches adopted by developing countries in
the region and beyond, as well as other more developed nations, in
calibrating Sri Lanka's domestic intellectual property regime to
better address the country's domestic needs and national interests.
The approach adopted in this book is of relevance, more generally,
to policymakers, legislators, legal academics, scholars, jurists,
legal practitioners and judges who are keen on exploring the extent
to which domestic intellectual property legislation complies with
international intellectual property norms and standards and, more
importantly, the extent to which domestic law makes use of the
flexibilities under international law in addressing domestic needs
and national interests.
Arguing that the translation of scientific and technical learning
materials, and the publication of these translations in a timely
and affordable manner, is crucially important in promoting access
to scientific and technical knowledge in the developing world, this
book examines the relationship between copyright law, translation
and access to knowledge. Taking Sri Lanka as a case study in
comparison with India and Bangladesh, it identifies factors that
have contributed to the unfavourable relationship between copyright
law and the timely and affordable translation of scientific and
technical learning materials, such as colonisation, international
copyright law, the trade interests of the developing economies and
a lack of expertise and general lack of awareness surrounding
copyright law in the developing world. Highlighting the need to
reform international copyright law to promote the needs and
interests of developing countries such as Sri Lanka, the book
points to a possible way forward for developing countries to
achieve this and to address the problem of striking a proper and
delicate balance in their copyright laws between the protection of
translation rights and the ability of people to access translations
of copyright protected scientific and technical learning materials.
Arguing that the translation of scientific and technical learning
materials, and the publication of these translations in a timely
and affordable manner, is crucially important in promoting access
to scientific and technical knowledge in the developing world, this
book examines the relationship between copyright law, translation
and access to knowledge. Taking Sri Lanka as a case study in
comparison with India and Bangladesh, it identifies factors that
have contributed to the unfavourable relationship between copyright
law and the timely and affordable translation of scientific and
technical learning materials, such as colonisation, international
copyright law, the trade interests of the developing economies and
a lack of expertise and general lack of awareness surrounding
copyright law in the developing world. Highlighting the need to
reform international copyright law to promote the needs and
interests of developing countries such as Sri Lanka, the book
points to a possible way forward for developing countries to
achieve this and to address the problem of striking a proper and
delicate balance in their copyright laws between the protection of
translation rights and the ability of people to access translations
of copyright protected scientific and technical learning materials.
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