The Hon. (Mrs.) Nilusha Lakmali Gamage

¶ 01 Hon. Deputy Chairperson of Committees, I am grateful for the opportunity to join the debate on the regulations made under the Intellectual Property Act, No. 36 of 2003, for the registration of Geographical Indications.

¶ 02 First, we must consider what a Geographical Indication (GI) is. The Intellectual Property Act, No. 36 of 2003, defines a GI. According to it, a GI is an indication that identifies a good as originating in a country, region, or locality where a given quality, reputation, or other characteristic of the good is essentially attributable to its geographical origin. Thus, it is necessary to recognize that a product originated in a particular area—province, district, village, ecological zone—or even the whole country. GIs may apply to food, agricultural products, handicrafts, gems, and other goods. The key is the link to the geography, because distinctive qualities or attributes depend on the location and its traditions, methods, know-how, and natural foundations.

¶ 03 These rights are protected under domestic law, regional agreements, and international frameworks such as the WTO TRIPS Agreement. Sri Lanka, as a WTO member, acceded to TRIPS and enacted the Intellectual Property Act, No. 36 of 2003, providing the basic legal system for GIs.

¶ 04 The Intellectual Property (Amendment) Act, No. 8 of 2022, introduced provisions for the registration of GIs, permitting registration of both domestic and foreign GIs in Sri Lanka and helping address numerous issues faced by producers, exporters, and importers. Since GIs certify quality, nature, and reputation, consumers gain confidence and are willing to pay premium prices. Studies show GI goods can fetch 20% to 50% higher prices than comparable non-GI goods. In the EU, GI products command especially high prices. This benefits producers via higher export revenues and protection against counterfeits that threaten genuine products.

¶ 05 An important point: an individual cannot apply alone to register a GI; it must be a collective application. In this era of economic revival, as we pivot from a rent-seeking economy to a production economy under the National People’s Power policy framework of “A Prosperous Country, a Beautiful Life,” such laws and regulations are crucial. Owing to our biodiversity, cultural heritage, and traditional craftsmanship, Sri Lanka has many potential GI products. Our archetypal primary GIs include Ceylon Tea—renowned for unique taste, aroma, and quality—and Ceylon Cinnamon, which already has GI recognition. There is potential for cashew, pepper, and unique crafts like Ambalangoda masks to obtain GI certification.

¶ 06 As an MP for Ratnapura, I must mention the gem industry. Sri Lankan gems, due to their colour and density, draw strong attraction in global markets. Gems could also be registered under a GI, expanding benefits to more people. Within the designated GI geography, beneficiaries receive advantages: support to small-scale producers, easier marketing, higher exports, better income distribution among primary producers, and growth in tourism to those areas. Thus, GI registration contributes to economic, political, legal, and social development.

¶ 07 Registration should be through a GI association; an individual cannot hold it alone. Any qualified person within the chosen geographic area can be a member. All members hold collective rights and share benefits along the value chain. Unlike patents or trademarks, which require periodic renewal and fees, GI rights do not need renewal, yielding further economic advantage. Therefore, these regulations under the 2003 Act meet a contemporary need.

¶ 08 Thank you for the time granted; I conclude.