National Intellectual Property Office responds to Daily FT article on ‘Accession to Madrid Protocol

National Intellectual Property Office Director General Geethanjali. R. Ranawaka has sent the following response to the Daily FT article titled ‘Accession to Madrid Protocol may worsen local IP registration issues say researchers’ published on 

1 February

The Daily FT article reports that “a premier research organisation” in the country known as ‘Verite Research’ (VR) has warned of the dangers of ad hoc implementation of the Madrid Protocol prior to addressing the issues in the local registration handled by National Intellectual Property Office (NIPO), despite Government initiatives to accelerate the process.

It also states that according to their research, Madrid Protocol accession is hindered due to delays in the local office i.e. NIPO. There are other purported information and statistics provided by an Executive Director of the said research organisation. In regard to the said allegations on delays and purported information given by the said Director of VR which has been published in your newspaper without verifying from this office, I wish to make following clarifications.

1. The said organisation had organised the said media conference without inviting NIPO or requesting any information from this office. The said Executive Director has specifically mentioned that “The research was not able to identify the bottlenecks within the registration process or other factors causing delays”, and the reason attributed for that lapse is “the researchers were not given access to the relevant data or other information”. 

This is completely false as there was absolutely no request for information from NIPO; there was no letter, e-mail or not even a telephone call from the said organisation requesting any information. The National Intellectual Property Office of Sri Lanka established under the Intellectual Property Act, No. 36 of 2003 is the only Government Institution mandated with the administration of the Intellectual Property System in Sri Lanka. 

It is shocking to note that Verite Research has given incorrect statistics and expressed unfounded and false opinions in a public forum in the presence of the Chairman of the Export Development Board and the President of the National Chamber of Exporters etc. and made public through wide coverage given by print media, absolutely without any verification from NIPO.

2. It has also been stated by the said Director that “Sri Lanka became a party to the Madrid Protocol in 2015, following requests made by the local business community”. This is clear evidence that the said research organisation had not done any research at all. Sri Lanka is not a party to the Madrid Protocol yet and as per the Action Plan drawn up by NIPO in 2016 following the guidelines of World Intellectual Property Organization (WI PO), Sri Lanka intends to become a party to the Madrid Protocol in 2018. 

The process has been accelerated consequent to the allocation of funds for this purpose in 2016 Budget. It is inconceivable how this organisation came to the conclusion that there is “ad hoc” implementation of Madrid Protocol, without even checking with NIPO as to the status of implementation as per its Action Plan.

3. It should also be mentioned that the process of accession to Madrid generally takes three to four years under normal circumstances as per the general guidelines of WIPO. However, I am proud to say that NIPO has undertaken the challenge to implement this process within two years, despite having issues in respect of resources. The Minister and the Secretary, Ministry of Industry and Commerce are currently taking all efforts to address the said issues. 

Currently, the Madrid Accession process is being implemented as per the Action Plan drawn up in 2016 and the allocation has already been utilised up to now for initiating e-NIPO project, upgrading of the NIPO website, outsourcing the human resources and building up infrastructure facilities of NIPO. 

4. Further as reported at the said media conference, National Chamber of Exporters Sri Lanka President Sarada Silva has accused NIPO “of being uncooperative and reluctant to obtain assistance from WIPO to upgrade the processes of NIPO”. It is indeed disheartening to note the said incorrect statement made without any basis as NIPO, Export Development Board (EDB) and The Spice Council in which Silva was the President, worked during 2013 to 2015 in coordination with WIPO in proposing draft amendments to the Intellectual Property Act in respect of Geographical Indications (GIS) granting specific protection for Ceylon Cinnamon and Ceylon Tea in Sri Lanka. These amendments have now been gazetted and will be tabled in Parliament for approval.

Further in 2016 itself, seven WIPO Expert delegations visited Sri Lanka from different sectors to assist NIPO in implementing WIPO/ NIPO Action Plan including two Madrid Sessions (Sarada Silva also was invited and attended these Sessions). Hence, it is evident that above mentioned parties who were present at this conference had tried to tarnish the image of NIPO and the Ministry. It would have been ethical if the print media journalists who were present there had inquired on NIPO’s notable absence at this venue. Had they verified with NIPO before publishing the article, accurate statistics and the progress of Madrid Project could have been shared. 

The journalist who spoke to me the day before the said article was published never revealed to me about the said media conference or the fact that she was publishing an article based on that media conference in your paper on the following day. Nevertheless, NIPO is thankful to her for calling me and obtaining some information about the progress of trademark registration and the Madrid Project. 

Further, I wish to correct some information which she had reported therein i.e. the report states that NIPO processes only 1,000 trademark applications per year which is incorrect. I clearly mentioned to her that NIPO send around 1,000 trademark applications to the Government Gazette per month for publication and per year the total published is around 11,000-12,000 depending on the availability of space in the Government Gazette. 

I further wish to inform you that in 2016, the number of trademark applications received stood around 10,000 and 3,200 certificates were issued. All the applications do not proceed up to registration as the said process depends on the acceptance of an application and the payment of publication or registration fee respectively by the applicant, thereafter.

The following list demonstrate the ongoing activities under the WIPO/ Government of Sri Lanka Action Plan for IP development drawn up in 2014 which is in addition to the finalising of around 35,000 Trademark applications during 2013-2016 which were in backlog for over 10 years due to the shortage of staff at NIPO.

• Establishing an IP policy for Sri Lanka and Integrating IP into innovation policy formulation by involving a wider base of stakeholders from relevant institutes.

• IP Human Resource Building by establishing a hub for IP education and development to accelerate innovation and technology transfer, (for Universities and Research Institutes) 

• Accession to WIPO Treaties/Protocols/Agreements

• Ratified Marrakesh Treaty – in October 2016 – Amendments to the law finalised.

• Madrid Agreement and Protocol: to be ratified by early 2018 – Amendments being drafted.

• Building a road map for the National IP Office (NIPO) to expedite the IP registration system of Sri Lanka through organisational development, backlog elimination and pendency reduction.

• Drafting of a national policy .on Traditional Knowledge (TK), Traditional Cultural Expressions (TCE) and Genetic Resources (GR) in order to protect them.

• Facilitate an IP-related initiative to increase the value and competitive advantage of Sri Lanka’s tourist industry through IP system - currently being implemented by Sri Lanka Tourism Development Authority (SLTDA), and NIPO took the initiatives.

• Establishment of a National Innovation Index for Sri Lanka

• Strengthening Collective Management Organisations (CMOs) and creative industries and making awareness among policy makers about the economic importance of protecting copyright and related rights.

• Origin-based branding initiative to increase the value and competitive advantage for Agricultural products of Sri Lanka - protection for Geographical Indications – proposed an amendment to the existing IP Law facilitating registration of Geographical Indications (GI) e.g. Ceylon Tea, Ceylon Cinnamon.

In view of the above, I kindly request you to give the same prominence to this article as well in your newspaper. I extend an invitation to all concerned to visit or call NIPO to obtain accurate information and if you need further information I can be contacted on my telephone No. 011-2669179.