Intellectual Property (Amendment) Act 2021

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

Official translationFrom Department of Government Printing, unchanged

s 1Short title

This Act may be cited as the Intellectual Property

(Amendment) Act, No. 8 of 2021.

s 2Amendment of section 5 of Act, No. 36 of 2003

Section 5 of the Intellectual Property Act, No. 36 of 2003 (hereinafter referred to as the “principal enactment”) is hereby amended as follows:—

(1)

by the insertion immediately before the definition of the expression “audiovisual work”, of the following definition:–

‘“accessible format” means a copy of a work in an alternative form or manner which gives a beneficiary person access to such work, including to permit such person to have access as feasibly and comfortably as a person without any disability which a beneficiary person has. The accessible format copy shall be used exclusively by beneficiary persons and shall respect the intergrity of the original work, taking into consideration of the changes needed to make the work accessible in the alternative format and of the accessibility needs of the beneficiary person;”.

(2)

by the insertion immediately after the definition of the expression “author” of the following definition:–

“ “beneficiary person” means any person who–

(a)

is blind;

(b)

has a visual impairment or a perceptual or reading disability which cannot be improved to give visual function substantially equivalent to a person who has no such impairment or disability and is unable to read printed works to substantially the same degree as a person without any such impairment or disability; or

(c)

is otherwise unable, through physical disability to hold or manipulate a book or to focus or move eyes to the extent that is acceptable for reading, regardless of any other disability;”.

s 3Insertion of new section 12A in the principal enactment

The following new section is hereby inserted immediately after section 12 of the principal enactment and shall have effect as section 12A of that enactment:–

12A. (1)

(a)

Notwithstanding anything contained in this Part, any authorized entity may adapt, reproduce and issue of copies of any work in an accessible format for the benefit of a beneficiary person in order to facilitate such beneficiary person to access such work including the sharing with any other beneficiary person of such work where the

“Fair use of a work by any authorized entity to facilitate a beneficiary person reproduction is made exclusively for the own use of the beneficiary person, his educational purpose or research and where the original format of such work prevents the enjoyment thereof by such person. Such adaptation, reproduction and issue of copies of any work by the authorized entity shall not be an infringement of copyright.

(b)

The provisions of paragraph (a) shall apply for any work only where such work is not commercially available in such accessible format under reasonable terms. In such event, the Minister shall deposit a notification with the Director-General of the World Intellectual

Property Organization declaring the limitations or exceptions, as the case may be, to such work.

(2)

An authorized entity shall–

(a)

be such persons or organizations as shall be prescribed by the Minister in consultation with the Director-General of Intellectual Property;

(b)

make available to any beneficiary person copies of any work in accessible format on non-profit basis recovering only the cost of the production of such work in an accessible format;

(c)

ensure that copies of any work in accessible format are used only by a beneficiary person and take reasonable steps to prevent its entry into ordinary channels of business;

(d)

limit the supply of copies of any work in accessible format only to adapt, reproduce and issue of copies of such work to the beneficiary persons or any other persons acting on behalf of the beneficiary person;

(e)

discourage the reproduction, distribution and making available of unauthorized copies of any work in acccessible format; and

(f)

maintain due care in, and records of its handling of copies of any work in accessible format while respecting the privacy of a beneficiary person.”.

s 4Sinhala text to prevail in case of inconsistency

In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.