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The Madrid System is a reliable, convenient and cost-effective solution for registering and managing trademarks in countries representing more than 80 percent of world trade. The Madrid System for the International Registration of Marks... more
The Madrid System is a reliable, convenient and cost-effective solution for registering and managing trademarks in countries representing more than 80 percent of world trade.  The Madrid System for the International Registration of Marks is governed by two treaties. The Madrid Agreement 1891 and the Protocol relating to the Madrid Agreement, which was adopted in 1898.  The Madrid system is administered by the International Bureau of the World Intellectual Property Organization (WIPO). Any state which is a party to the Paris Convention for the Protection of Industrial Property may become a party to the Agreement or the Protocol or both.  In addition, an intergovernmental organization  may become a party to the Protocol. Although Sri Lanka made the proposal to accede Madrid in November 2015, National Intellectual Property Office (hereinafter referred to as NIPO) has so far failed to institute such a process and stakeholders are presently not aware of the progress made in terms of accession.  This brief report discusses the aspects on how to enter into the Madrid System effectively.
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This research article examines the concept of biopiracy, which has become a major hidden mafia all over the world at present. Bio piracy challenge various aspects of intellectual property rights (IPR) in living organisms, as well as the... more
This research article examines the concept of biopiracy, which has become a major hidden mafia all over the world at present. Bio piracy challenge various aspects of intellectual property rights (IPR) in living organisms, as well as the benefits gain from 'genetic resources'. This article proposes to strengthen the necessary policies and regulations as well as subject specific laws which results in curbing bio piracy. The article will also encourage to have an eagle eye view on the existing legal principles regarding biopiracy and the way how an individual can use those laws to protect the unique bio diversity of Sri Lanka. It concludes by advising that, in order to properly understand how to address biopiracy, we must be prepared to move beyond the current narrow readings to develop a more complete picture of the term's influence in challenging how, and by whom. Also, this research paper thoroughly concerns about raising public awareness on bio piracy and a critical reflection on national and international legal framework.
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The rights of Migrant Workers, their Children and Families which almost at risk of violation are, those associated with family life, education, health, well-being, and freedom from abuse. Existing international instruments and national... more
The rights of Migrant Workers, their Children and Families which almost at risk of violation are, those associated with family life, education, health, well-being, and freedom from abuse. Existing international instruments and national policies provide comprehensive legal and policy frameworks for understanding these rights. While governments continue to encourage the migration of their nationals as migrant workers, it is essential that they implement effective support measures for children and their careers left behind. These reforms should be based on an understanding of the social costs of migration relative to the potential economic gains and provide a greater opportunity to realize development goals in a long-term and sustainable way that reduces, rather than exacerbates, negative impacts on those children and families affected by the migration process.
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The purpose of this research is to discuss whether and to what extent the patent rights to be implemented in times of an emergency with the requirement of accessing essential medicine around the world. To discuss the above, the researcher... more
The purpose of this research is to discuss whether and to what extent the patent rights to be implemented in times of an emergency with the requirement of accessing essential medicine around the world. To discuss the above, the researcher uses Comparative Legal Methodology along with the critical review of literature as the research methodology. The researcher elaborates on the importance of using TRIPS flexibilities and Compulsory Licensing during COVID-19 to grant access on the essential medicines to least developing countries. Further, the researcher analyzes the use of compulsory licensing in relation to three different jurisdictions i.e., Canada, South Africa and India and how it impacts the balancing of prolonged discourse on private profits and public health. Also, this research basically focuses on the information collected in relation to the topic during the pandemic period starting from 2019 to the period ending at December 2021 as the researcher believes that the topic is still growing. In terms of originality, to the best of author's knowledge, this is the first time in Sri Lanka, research is carried out analyzing access to medicine during COVID-19 pandemic.