The Asian intellectual property (IP) system has emerged as a significant player in the global IP landscape. However, most discussions regarding Asian IP are centred on Southeast Asia, driven by regional economic integration, which has made IP law and practice vibrant in the region. In South Asia, while India’s innovation and IP practice are evolving and moving positively towards it becoming an IP export country, the narratives, struggles, and good practices of other South Asian countries often go unheard. Many less developed countries in the region and beyond continue to struggle to develop an IP system that encapsulates their social and economic status. Despite the World Trade Organization (WTO) Agreement of Trade-Related Aspects of Intellectual Property Rights (TRIPS) existing for more than 25 years, much of the discussion at the international level, such as that within the World Intellectual Property Organization (WIPO), primarily focuses on technical support that encourages developing countries to maximise the flexibilities provided by the TRIPS Agreement. This seems straightforward to organisations based in Geneva, but the reality on the ground is different. Developing countries face many challenges, some of which are depicted in the reviewed book, which offers fresh insights into the struggles of implementing international minimum IP norms, while equally emphasising how Sri Lanka’s successes in innovation, literature, and trade have occurred without a modern-day IP system.
The book covers patents, trademarks, geographical indications, copyright, plant varieties, and traditional cultural expressions, with the first part providing the rationale and approach taken by the authors. They argue that “by focusing on Sri Lanka, a unique opportunity is presented to consider some of the fundamental challenges faced by many developing nations” (p. 9) and adopt a comparative approach to analyze and reframe those key challenges. The second chapter provides a succinct overview of Sri Lanka’s international IP obligations and informs readers how these obligations can be implemented at the national level without due consideration to local needs. To this end, the authors draw on Sri Lanka’s experience to highlight best practices in implementing treaty obligations domestically, a key takeaway being that many countries in South Asia have implemented minimum IP obligations at the domestic level without understanding domestic needs backed by evidence-based studies and offer insights on achieving legislative reforms. For example, in chapter seven, the authors bluntly argue that “copyright law in Sri Lanka is not truly a home-grown model” (p. 246), suggesting that the country must revise its copyright law to address societal needs rather than merely copying laws to comply with international obligations. Further, a major contribution of the book is that it allows other South Asian Association for Regional Cooperation (SAARC) countries, which are exploring ways to graduate from their developing/least developed countries status, to learn from Sri Lanka’s experiences and develop IP policies of their own. The conclusion reflects the harsh reality in many developing countries where IP offices do not seem to play an influential role in shaping IP norms. The book is well-presented and written in an eminently readable manner, allowing for both its reflection on the thought-provoking recommendations and advocacy for IP reforms in Sri Lanka that align with local needs and ethos.
Competing interests
The author declares none.