Traditional Knowledge Laws: Sri Lanka
Title | Intellectual Property Act, No.36 of 2003 |
Subject Matter | Traditional Cultural Expressions |
Issue(s) | Subject Matter of Protection; Scope of Protection; Exceptions and Limitations |
Type(s) of Legislation | IP Law |
Subject Matter of Protection
Section 24(5) - "Expression of folklore"
A group oriented and tradition based creation of groups or individuals reflecting the expectation of the community as an adequate expression of its cultural and social identity, its standards and values as transmitted orally, by imitation or by other means, including folktales, folk poetry, and folk riddles, folk songs and instrumental folk music;folk dances and folk plays, and productions of folk arts, in particular, drawings, paintings, carvings, sculptures, pottery, terracotta, mosaic, wood work, metal ware, jewellery, handicrafts, costumes and indigenous textiles.
Scope of Protection
Section 24(1) - states:
Subject to the provision of subsection (4) of this section expressions of folkore shall be protected against:
(a) reproduction;
(b) communication to the public by performance, broadcasting, distribution by cable or other means;
(c) adaptatioin, translation and other transformations, when such expressions are made either for commercial purposes or outside their traditional customary context.
Exceptions and Limitations
Section 24(2):
provides that the rights in s. 24(1) do not apply to uses such as personal use, reporting current events, face-to-face teaching, criticism, comment and research.