Legal and Regulatory Mechanisms of Protecting Intellectual Property (IP) Rights in Sri Lanka: Challenges and Adaptation in the AI Era

Abstract

This study comprehensively analyses the legal and regulatory frameworks governing intellectual property rights (IPRs) in Sri Lanka, with a particular focus on the Sri Lankan Intellectual Property Act, No. 36 of 2003. This Act is the primary legislation governing the acquisition, management and enforcement of intellectual property. The analysis elucidates the foundational elements of this Act, including its alignment with international conventions such as the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Previous studies identify several critical deficiencies within the current legal landscape, especially when compared to the more dynamic intellectual property regimes of developed nations. These shortcomings encompass challenges in enforcement, ambiguities in patentability standards, and an urgent need for adaptation to address the complexities introduced by emerging technologies, notably artificial intelligence-generated content. The discussion underscores that the Act, while robust for its time, faces increasing pressure to evolve to remain effective in a rapidly changing global technological environment. This study proposes necessary amendments and strategic adjustments to enhance the safeguarding of intellectual property rights against infringement and intellectual theft, ensuring Sri Lanka's framework remains relevant and equitable in the digital era.