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Intellectual Property Debates in South Asia
This book brings together leading scholars from South Asia and beyond to examine the development of intellectual property (IP) law within the national legal systems in South Asia. It is the first comprehensive effort to consolidate the region's IP practices and narratives within a single edited volume. Highlighting diverse approaches in countries such as India, Pakistan, Sri Lanka, Nepal, Bangladesh, and Afghanistan, the book embraces local legal ethos and promotes comparative studies at regional and international levels. Structured in three parts, Part 1 addresses IP through development and social justice lenses, covering IP theory, geographical indications, technology transfer, and de-colonisation. Part 2 examines recent legislative and judicial developments across the region. Part 3 offers comparative insights with a focus on institutions, courts and practices. Each contribution addresses innovative IP practices and emerging challenges in South Asia, offering a platform for further discussion among scholars, policymakers, and stakeholders.
Free Speech in the Puzzle of Content Regulation
This book explores the intersection of law and technology, focusing on online speech regulations and their complex interplay with free speech in the digital age. It identifies three primary regulatory models – self-regulation, external regulation, and co-regulation – and examines how each model presents recurring challenges in both content moderation and the protection of free speech. The study delves into the regulation of harmful speech, including defamation, violence, misinformation, and propaganda, highlighting the tensions between regulating prohibited content and preserving free speech online. Additionally, the book addresses digital authoritarianism and its manifestation in regula...
Asian Yearbook of International Law, Volume 29 (2023)
Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold: First,...
New Developments in EU and International Copyright Law
More than a source of income and a means of protection for creators, rightholders, and the creative and entertainment industries, copyright is also a vehicle for technological advances and economic development. In the European Union, industries with intensive emphasis on intellectual property rights (mainly copyright) generate more than a quarter of employment and more than a third of economic activity. Yet copyright continues to be plagued by problematic attempts to balance the interests of rightholders, the public, consumers, intermediaries, collecting societies, different national legal traditions, and other forces, European and global. This book draws a comprehensive picture of current, ...
Copyright Law and Translation
Arguing that the translation of scientific and technical learning materials, and the publication of these translations in a timely and affordable manner, is crucially important in promoting access to scientific and technical knowledge in the developing world, this book examines the relationship between copyright law, translation and access to knowledge. Taking Sri Lanka as a case study in comparison with India and Bangladesh, it identifies factors that have contributed to the unfavourable relationship between copyright law and the timely and affordable translation of scientific and technical learning materials, such as colonisation, international copyright law, the trade interests of the dev...
Reframing Intellectual Property Law in Sri Lanka
This book is a reflection on domestic intellectual property lawmaking from a developing country’s perspective. It focuses on Sri Lanka—a South Asian jurisdiction with a socio-economic, cultural, and political landscape similar to other developing nations in the region, but the intellectual property regime of which has been less explored. The aim of this book is to address the discrepancies, gaps, and flaws in the national intellectual property legal framework of Sri Lanka. In doing so, the book considers Sri Lanka’s obligations under TRIPS and other related intellectual property treaties to which the country is a party. The book also examines approaches adopted by developing countries ...
Mistaken Payments
Due to the common misconception that moneys in bank accounts are owned by their account holders (who are usually the bank customers), and, the complicated nature of the principles of banking law, sometimes, it may be thought that a mistaken payment resulting from an erroneous credit entry in a customer account is a free gift from the bank to its customer. However disappointing it may be for the customers, this is not so. The purpose of this article is to examine this position with reference to the remedies provided in both civil law and criminal law of Sri Lanka. More specifically, Part I of this article will examine the civil law remedy of “action for money had and received”, which would be available to banks to recover money that has been mistakenly paid to their customers, and, its application in Sri Lankan law. Part II of this article will examine the applicability of criminal law, in particular, the offences of theft and criminal misappropriation under the Penal Code of Sri Lanka, in situations where customers have obtained mistaken payments from their banks with dishonest intention.
