Intellectual property law and e-commerce in Sri-Lanka: towards a jurisprudence based on constitution, Roman-Dutch law and Buddhist principle

Abstract

Modem developments in technology, connnerce and the cultural industries pose problems for intellectual property in Sri Lanka, as everywhere. Case law may be used for judicial guidance but there are comparatively few reported cases from the Sri Lankan courts. By examining Sri Lanka's juridical history and Constitution, together with constitutionally recognised Buddhist principles, it is possible to suggest further sources of guidance for judges. Using the proposed framework, it may be possible for the judges to apply existing law to new situations and avoid the need for constant legislative change in an attempt to keep up with developments and comply with Sri Lanka's international obligations. The extent to which such guidance may be useful is explored by looking at specific issues, which have caused difficulty in other jurisdictions. It is hoped that the proposed techniques could be used to build up a body of Sri Lankan jurisprudence. Ms may prove more stable and effective than incremental legislation. 'Status juris - 'Mis study (unless otherwise stated) based on material available as at 0 1.12.2004 and the law in force on that date.