ARCHIVAL INSIGHTS

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ARCHIVAL INSIGHTS

Insights & Jurisprudence

Intellectual Property Act Proposed to Be Amended to Include Geographical Indications
08 MARCH 2022

Intellectual Property Act Proposed to Be Amended to Include Geographical Indications

Proposed Bill to amend the Intellectual Property Act with a registration system on Geographical Indications in Sri Lanka The Bill to amend the Intellectual Property Act No 36 of 2003, to introduce a system to register Geographical Indications (“GI”) has been presented to Parliament in Sri Lanka. The intention behind the proposed amendment is primarily to protect and promote the interests of local exporters. GI refers to any indications in the form of a name or sign used on marketing of goods,

Hasanthie Manukulasooriya
Supreme Court Decision On Prescriptive Rights
05 JANUARY 2022

Supreme Court Decision On Prescriptive Rights

The Supreme Court recently delivered an interesting judgement pertaining to the matter of establishing prescriptive title on the basis of long use. The dispute concerned two individuals who were related to each other and the premises in dispute was an ancestral home in which the plaintiff and the defendant had been residing as a family. The plaintiff claimed title by virtue of a final partition decree obtained from Balapitiya courts while the defendant sought to establish ownership by way of p

Hiruni Perera
Minimum Investment Requirements Foreign Investment in Sri Lanka
09 NOVEMBER 2021

Minimum Investment Requirements Foreign Investment in Sri Lanka

On 26th October 2021, the Registrar General of Companies announced that the Ministry of Finance proposes to amend the Foreign Exchange (Classes of Capital Transactions Undertaken in Sri Lanka by a Person Resident Outside Sri Lanka) Regulations No. 2 of 2021 (“Fx Regulations”) to mandate a minimum investment threshold of USD 50,000 for companies incorporated with foreign shareholding in Sri Lanka. Such restriction will not be applicable to Tech start-ups, IT/TES and BPM businesses and companies t

Ushara Ratnayake
Age of Retirement to be Regulated
26 OCTOBER 2021

Age of Retirement to be Regulated

<p>Presently, Sri Lankan law does not provide for a minimum retirement age that is applicable to the private sector. The first of its kind, the ‘Minimum Retirement Age of Workers Bill 2021’ (“Bill”) has been presented to Parliament.</p> The said Bill has proposed that the minimum age of retirement for an employee in the private sector should be 60 years. Once passed it will negate and/or override any other written law, contract of service, collective agreement or any other form of contract th

Nadine Puvimanasinghe
Termination on Grounds of Misconduct - Case of the "Barberyn Reef Hotel"
13 SEPTEMBER 2021

Termination on Grounds of Misconduct - Case of the "Barberyn Reef Hotel"

The prevailing labour laws and industrial relations provide for various types of disciplinary measures an employer is permitted to take in Sri Lanka (e.g. dismissal, suspension without pay, demotion transfer stoppage of increment, deferment of increment, reduction of bonus, warning, fine), in the event an employee commits an offence/misconduct which disrupts the smooth functioning of the business. When determining the type of the disciplinary measure to be used, an employer is required to take

Gayani Rambukwella
Domestic Violence Part II
02 AUGUST 2021

Domestic Violence Part II

‘A woman, a dog, and a walnut tree, the more you beat ’em, the better they be’ - The Sri Lankan legal framework for prevention of domestic violence and abuse, a crisis in the age of the pandemic: The Legal framework in Sri Lanka for the prevention of and punishment for acts of domestic violence is, mainly found within the Penal Code Ordinance No. 2 of 1883 (the ‘PC’), the Code Criminal Procedure Act No. 15 of 1979 (referred to as the ‘CPC’) and the Prevention of Domestic Violence Act No. 34 of

Manjula Sirimanne
Domestic Violence
30 JULY 2021

Domestic Violence

A woman, a dog, and a walnut tree, the more you beat ’em, the better they be’ - The Sri Lankan legal framework for prevention of domestic violence and abuse, a crisis in the age of the pandemic: The United Nations provides that - ‘Domestic abuse or "domestic violence" or "intimate partner violence" can be defined as a pattern of behavior in any relationship that is used to gain or maintain power and control over an intimate partner. Abuse constitutes physical, sexual, emotional, economic or psy

Manjula Sirimanne
Summary of measures announced by the government of Sri Lanka in response to the COVID-19 Pandemic
08 JULY 2021

Summary of measures announced by the government of Sri Lanka in response to the COVID-19 Pandemic

<p>The following measures have been announced by the Government as at 01.07.2021.</p> Banking and Finance: The Monetary Board of the Central Bank of Sri Lanka [CBSL] by Circular No.4/2020 dated 24.03.2020 has directed Financial Institutions (i.e. Licensed Commercial Banks, Licensed Specialized Banks & Leasing companies) to: * Implement a debt moratorium (Capital & Interest) on – 1. Lease rentals of specified vehicles operated by the self- employed for 6 months. 2. Personal lo

Dasuni Wijayasriwardena
Digitalisation of Court of Appeal Hearings
01 JULY 2021

Digitalisation of Court of Appeal Hearings

Rules Governing Virtual Hearings The Court of Appeal (Electronic filing and urgent digital virtual hearings) (Special Provisions) Rules, 2021 was published in the Extraordinary Gazette 2216/08 dated 23rd February 2021. The Rules empower the Court of Appeal to hold digital virtual hearings as an interim measure to address difficulties in conducting court hearings in a physical setting, due to prevailing covid related restrictions. Though the Rules were published in February of this year, they ar

Dasuni Wijayasriwardena
Construction & Projects Global Guide
30 JUNE 2021

Construction & Projects Global Guide

D. L. & F. De Saram is proud to announce the publishing of its Construction and projects in Sri Lanka: an overview in collaboration with Thomson Reuters Practical Law. The Q&A is part of the global guide to construction and projects. Areas covered include trends and significant deals, the main parties, procurement arrangements, transaction structures and corporate vehicles, financing projects, security and contractual protections required by funders, standard forms of contract, risk allocation,

Aloka Nandasena