WIPO model of copyright law and translation [1979–2003]

This chapter focuses on how and why the ‘WIPO model of copyright law’ which was in force in Sri Lanka from 1979 to 2003 protected translation rights. In particular, this chapter demonstrates that the Code of Intellectual Property Act 1979 (IP Code), which exclusively determined the copyright law of Sri Lanka during this period protected translation rights extensively and, as a result, did not facilitate the translation of copyright protected scientific and technical books and learning materials. The reason that the IP Code protected translation rights extensively was because it was based on the WIPO Model Law on Copyright for Developing Countries, which was, in turn, based on the obligations of the Berne Convention. More specifically, at the time Sri Lanka enacted the IP Code, it was a member to the Berne Convention which requires Member Countries to protect translation rights rigorously. The WIPO Model Law on Copyright for Developing Countries is a model law which was prepared in 1976 for the benefit of developing countries who need to comply with the obligations of the Berne Convention but lack necessary expertise in formulating copyright laws on their own. Because Sri Lanka did not have the required expertise to formulate its copyright law on its own, it adopted the provisions of the WIPO Model Law on Copyright for Developing Countries in the IP Code.