Copyright Law and Translation: Access to Knowledge in Developing Economies

255 Pages·2021·1.831 MB·English

by  Chamila S. Talagala

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 developing economies and a lack of expertise and general lack of
awareness surrounding copyright law in the developing world.
Highlighting the need to reform international copyright law to promote the
needs and interests of developing countries such as Sri Lanka, the book points to
a possible way forward for developing countries to achieve this and to address the
problem of striking a proper and delicate balance in their copyright laws between
the protection of translation rights and the ability of people to access translations
of copyright protected scientific and technical learning materials.
Chamila S. Talagala is a member of the Australian Centre for Intellectual
Property in Agriculture and an Attorney-at-Law of the Supreme Court of Sri
Lanka.
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Copyright Law and
Translation
Access to Knowledge in
Developing Economies
Chamila S. Talagala
First published 2021
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
and by Routledge
605 Third Avenue, New York, NY 10158
Routledge is an imprint of the Taylor & Francis Group, an informa business
© 2021 Chamila S. Talagala
The right of Chamila S. Talagala to be identified as author of this
work has been asserted by him in accordance with sections 77 and 78
of the Copyright, Designs and Patents Act 1988.
All rights reserved. No part of this book may be reprinted or
reproduced or utilised in any form or by any electronic, mechanical,
or other means, now known or hereafter invented, including
photocopying and recording, or in any information storage or retrieval
system, without permission in writing from the publishers.
Trademark notice: Product or corporate names may be trademarks
or registered trademarks, and are used only for identification and
explanation without intent to infringe.
British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging-in-Publication Data
Names: Talagala, Chamila S., author.
Title: Copyright law and translation : access to knowledge in
developing economies / Chamila S. Talagala.
Description: Milton Park, Abingdon, Oxon ; New York, NY :
Routledge, 2021. | Series: Routledge research in intellectual
property | Includes bibliographical references and index.
Identifiers: LCCN 2020049282 (print) | LCCN 2020049283
(ebook) | ISBN 9780367861063 (hardback) | ISBN
9781003165446 (ebook)
Subjects: LCSH: Copyright—Translations—Developing countries. |
Copyright, International. | World Intellectual Property
Organization Copyright Treaty (1996 December 20) | Agreement
on Trade-Related Aspects of Intellectual Property Rights (1994
April 15)
Classification: LCC K1447.7 .T35 2021 (print) | LCC K1447.7
(ebook) | DDC 346/.17240482—dc23
LC record available at https://lccn.loc.gov/2020049282
LC ebook record available at https://lccn.loc.gov/2020049283
ISBN: 978-0-367-86106-3 (hbk)
ISBN: 978-0-367-76094-6 (pbk)
ISBN: 978-1-003-16544-6 (ebk)
Typeset in Galliard
by Apex CoVantage, LLC
To my parents, Susiri Talagala and Indrani Talagala

Contents
Acknowledgements ix
List of abbreviations x
Table of international treaties, conventions and other instruments xii
Table of statutes and bills xiv
Table of cases xvi
I Introduction 1
1.1. Objective and scope of the book 1
1.2. Importance of access to knowledge 3
1.3. Developing countries and access to knowledge 6
1.4. Translation 13
1.5. Copyright 17
1.6. Structure of the book 24
II Access to scientific and technical knowledge, translation
and copyright in Sri Lanka 27
2.1. Introduction 27
2.2. Importance of access to scientific and technical knowledge 27
2.3. Issues with regard to access to scientific and technical
knowledge 31
2.4. Importance of translation 46
2.5. Copyright law and translation in Sri Lanka 58
2.6. Conclusion 68
III The British model of copyright law and translation
[1908–1979] 69
3.1. Introduction 69
3.2. British model of copyright in Sri Lanka 70
3.3. British copyright and translation 73
3.4. Conclusion 120
viii Contents
IV WIPO model of copyright law and translation [1979–2003] 121
4.1. Introduction 121
4.2. Background to the WIPO model of copyright law 122
4.3. Translation under the WIPO model of copyright law 123
4.4. Reason for the way in which the WIPO model of copyright
law protected translation rights 125
V TRIPS model of copyright law and translation [2003–2020] 159
5.1. Introduction 159
5.2. The TRIPS model of copyright law 159
5.3. Trade and investment concerns: the primary reason for
the TRIPS model of copyright law 163
5.4. Lack of awareness, transparency and ignorance 198
VI Conclusion and the way forward 202
6.1. Conclusion 202
6.2. The way forward 211
Bibliography 215
Index 230
Acknowledgements
I owe an enormous debt of gratitude to Professor Brad Sherman, who sparked
my interest in the topic of this book. As the first Principal Supervisor of my
PhD at Griffith University, he supported, guided and encouraged me immensely
towards the completion of the thesis and this book. Without his support, this
book could not have seen the light of day. I also express my deepest gratitude
to Professor Leanne Wiseman, who was the second Principal Supervisor of my
PhD, for her endless support and guidance. She has been a constant source of
encouragement and inspiration. I am also grateful to my other PhD Supervisor,
Professor Charles Lawson, and others who have helped and supported me in
numerous ways, particularly Dr DM Karunaratna, Dr Tissa Hemaratne, Professor
Shironica Karunanayaka, Dr Kanchana Kariyawasam, Mr Gayan Jayaweera. Pro-
fessor WD Lakshman and the late Professor Buddhadasa Hewavitharana. Last,
but certainly not least, I wish to extend my deepest appreciation to my parents,
to whom I dedicate this work.