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One of the main objectives of the World Trade Organization (WTO) is to facilitate the world’s trade and production. It enforces legally binding multilateral agreements on trade in goods, services, and trade-related aspects of intellectual property rights to manage global trade efficiently. At the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) in 1994, the Trade Related Intellectual Property Rights (TRIPS) agreement was implemented to regulate standards of Intellectual Property (IP) regulations in WTO member countries. Being a member of the WTO and a signatory to the TRIPS agreement, it is compulsory for Sri Lanka to formulate its IP regulations to comply with the TRIPS agreement by the year 2006. There are seven types of intellectual properties which are protected by the TRIPS agreement and it establishes minimum universal standards concerning copyrights and related rights, trademarks, geographical indicators, industrial designs, patents, layout designs of integrated circuits and undisclosed information. Section 5, Article 27 is the most important provision involving the agricultural sector.

By Dilani Hirimuthugodage
One of the main objectives of the World Trade Organization (WTO) is to facilitate the world’s trade and production. It enforces legally binding multilateral agreements on trade in goods, services, and trade-related aspects of intellectual property rights to manage global trade efficiently. At the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) in 1994, the Trade Related Intellectual Property Rights (TRIPS) agreement was implemented to regulate standards of Intellectual Property (IP) regulations in WTO member countries. Being a member of the WTO and a signatory to the TRIPS agreement, it is compulsory for Sri Lanka to formulate its IP regulations to comply with the TRIPS agreement by the year 2006. There are seven types of intellectual properties which are protected by the TRIPS agreement and it establishes minimum universal standards concerning copyrights and related rights, trademarks, geographical indicators, industrial designs, patents, layout designs of integrated circuits and undisclosed information. Section 5, Article 27 is the most important provision involving the agricultural sector.
According to the agreement Sri Lanka had to provide legal protection to plant varieties and farmers traditional knowledge via patents or by an effective sui generis system or by both, by the said year 2006. However, the agreement provides for each country to determine and adopt a suitable procedure to implement the provisions of the agreement within its legal system and practices.
Sri Lanka passed its Intellectual Property Rights Act No.36 to comply with the TRIPS agreement in the year 2003. However, this Act does not directly provide protection for plant varieties and farmers’ traditional knowledge as it does not allow patenting of plants. Prior to the IPRs Act in 2003, Sri Lanka drafted a protection of new plant varieties (Breeders rights) Bill in 2001; which is still at the initial bill stage.
Due to several reasons such as; lack of demand from civil society, poor legal system, lack of properly established institutional system, etc., Sri Lanka was unable to build an effective intellectual property rights regime complying with the agreement, especially for the agricultural sector. Further, due to delay in establishing relevant rules and regulations to comply with the agreement, the Sri Lankan agricultural sector has to face several difficulties especially in international trade and also it has lost a number of opportunities to use its own plant varieties for the benefit of future generation due to loss of patentability in plant varieties and farmers traditional knowledge.
The TRIPS agreement has given flexibility to all countries in selecting the protection methods and techniques for plant varieties and farmers traditional knowledge. Thus, most of the developed countries have adopted well-built intellectual property regimes using strong patent systems and plant breeder’s rights. The main reason for developed countries to choose patents for protection is due to their technological capabilities and the immense financial benefits that a patent system is expected to generate. Whereas, developing countries have weak regimes due to lack of financial and technical support.
The perception survey and face to face interviews amongst key stakeholders attempted to identify the best possible method for Sri Lanka to adopt in order to protect plant varieties and farmers traditional knowledge. Simultaneously, it suggested several techniques and methods that could be followed in implementing intellectual property right rules in agriculture in order to promote investments and accelerate trade internationally.

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