Protection Status of Geographical Indications (GIs) in Agricultural Sector of Sri Lanka Compared to Other Developing Countries : Special Emphasis on India and Vietnam

Abstract

As a country of agricultural origin in the developing world, Sri Lanka has not adequately focused on the protection of Geographical Indications (GIs) to gain substantial economic returns. Presently, “Ceylon Tea” and “Ceylon Cinnamon” are protected under the Sri Lankan GI regime. India and Vietnam, although in the developing world, have gained considerable success in GI protection and therefore many lessons can be learned from them. The doctrinal and comparative research methodologies were adopted in this study using primary and secondary sources, to compare the GI systems with India and Vietnam. Recently, Sri Lanka has introduced a registration procedure under the sui generis system by an amendment to the Intellectual property (IP) Act. Yet, the efficiency can only be seen in the future, as this mechanism was only enforced from the 16th of March 2022. The same registration procedure is followed by India for a considerable period, and they have been successful in achieving agricultural development through proper enforcement. As per the Vietnamese system, it is necessary to increase the level of awareness in promoting GIs by training national experts, funding technical assistance and providing funds for implementation. They highlight adequate government interventions are necessary for the protection mechanism to be effective which Sri Lanka should look into in greater detail. The main reasons for the slow progress in obtaining protection for potential products are inadequate Government interventions and the recently introduced registration system being too new to assess the progress, as it takes time for the results to be seen. Keywords: Agricultural Sector; Developing Countries; Geographical Indications; Sui Generis System