It is a contentious notion that an intellectual property (IP) system constitutes an effective way to enhance the economic development of a country. The relationship between intellectual property and economic development may be pursued through innovation policies, along with trade and competitiveness policies, which are formulated at the national level but are also subject to international pressures. Regarding its economic situation, each country should be realistic about the benefits that IP can bring—whether that be localized research and development, technological and commercial innovation, foreign direct investment, technology transfer, access to international production networks and export markets, international aid, the import of useful products, freedom to imitate, or otherwise.
The national IP law in Sri Lanka has been subject to international agreements such as the WTO TRIPS Agreement and the Patent Cooperation Treaty. Nevertheless, Sri Lanka is notable for the quite undeveloped state of its IP system, mainly, it can be hypothesised, because IP has not been linked to national or economic priorities. The preliminary evidence suggests that IP was not regarded by respective Sri Lankan governments as a driver of the economy up until, perhaps the most recent period. The absence of both internal and external pressures might explain this undevelopment. Of particular interest to my inquiry is the reasons for the lack of legal infrastructure and expertise locally. Moreover, IP appears not to have been on the political agenda locally. Interestingly, none of the economic, industrial and innovation policies in Sri Lanka in different periods has placed an emphasis on an IP policy as part and parcel of economic development. One consequence is that Sri Lanka has only partly implemented its international obligations, yet it has not been held to account for that.
The most recent government policy speaks for the promotion of national/local creativity and the protection of creative efforts, the enhancement of the possibility of the integration of the national economy into a knowledge-driven global scenario, the attraction of investment, and the protection of local producer and consumer interests. This would seem to be the basis for an IP policy suited to Sri Lanka’s needs. But that policy is still embryonic. How the policy makers intend to combine these objectives remains to be seen.
Against this background, my key inquiry is how Sri Lanka sees the IP system in Sri Lanka developing, both in its provision and administration. The best course for Sri Lanka depends on the objectives which are set for the IP system: whether they focus on encouraging local innovation or attracting foreign investors and importers, or whether they try to combine the two. It also requires the build-up of the capacity, legal and otherwise, to implement those objectives.
To pursue this inquiry, my methodology pursues both documentary research and interviews in the field, in Sri Lanka and abroad, with industrialists, farmers, government functionaries, politicians and others. This research is well underway.
