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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 in the region and beyond, as well as other more developed nations, in calibrating Sri Lanka’s domestic intellectual property regime to better address the country’s domestic needs and national interests. The approach adopted in this book is of relevance, more generally, to policymakers, legislators, legal academics, scholars, jurists, legal practitioners and judges who are keen on exploring the extent to which domestic intellectual property legislation complies with international intellectual property norms and standards and, more importantly, the extent to which domestic law makes use of the flexibilities under international law in addressing domestic needs and national interests.
The second thematic volume in the series Studies in Private International Law – Asia looks into direct jurisdiction, that is, the situations in which the courts of 15 key Asian states (Mainland China, Hong Kong, Taiwan, Japan, South Korea, Malaysia, Singapore, Thailand, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Sri Lanka, and India) are prepared to hear a case involving cross-border elements. For instance, where parties are habitually resident abroad and a dispute has only some, little or no connection with an Asian state, will the courts of that state accept jurisdiction and hear the case and (if so) on what conditions? More specifically, the book's chapters explore the circumstances in which different Asian states assume or decline jurisdiction not just in commercial matters, but also in other types of action (such as family, consumer and employment disputes). The Introduction defines terminology and identifies similarities in the approaches to direct jurisdiction taken by the 15 Asian states in civil and commercial litigation. Taking its cue from this, the Conclusion assesses whether there should be a multilateral convention or soft law instrument articulating principles of direct jurisdiction for Asia. The Conclusion also discusses possible trajectories that Asian states may be taking in respect of direct jurisdiction in light of the COVID-19 pandemic and the political tensions currently besetting the world. The book suggests that enacting suitable rules of direct jurisdiction requires an Asian state to strike a delicate balance between affording certainty and protecting its nationals. At heart, direct jurisdiction involves sometimes difficult policy considerations and is not just about drawing up lists of jurisdictional grounds and exceptions to them.
‘Colombo Hilton Hotel Construction’ – ‘Fraud on Sri Lanka Government’ – ‘Sri Lanka’s First Derivative Action in Law’, startlingly unravels the major fraud on the Government of Sri Lanka by reputed multi-nationals, colluding with socio-politically influential, endeavouring to fraudulently ‘siphon out a large scale of foreign exchange on government guarantees’, , which was successfully prevented through injunctions affirmed by the Supreme Court of Sri Lanka. ‘On sovereign guarantees of the Government of Sri Lanka, the Colombo Hilton Hotel was to be constructed, equipped and furnished, on a ‘turnkey fixed price basis’ by a Japanese consortium comprising Mitsui & Co. Ltd., and Taisei Corporation, supervised and designed by Kanko Kikaku Sekkeisha Yozo Shibata & Associates, with technical assistance in planning and construction from Hilton International, United States of America, who were to operate and manage the Hotel. During construction a staged fire allegedly destroyed all plans and documents, and surreptitiously the original plans substituted, and the hotel constructed with two floors short and without the basements contrary to the original plans, based upon which Sri Lanka Government guarantees had been obtained. ‘The book essentially reveals the process of litigation by one minority shareholder, single-handedly combating socio-politically powerful influential fraudulent miscreants; lucidly narratively setting out pleadings, counter-affidavits, further pleadings, interrogatories, pre-trial processes, objections, written submissions, District and Appeal Court orders, and the landmark historic judgment by the Supreme Court of Sri Lanka, demonstrating its independence in pronouncing – ‘in the given circumstances the Government could not be indifferent’, – resulting in the Japanese multi-nationals writing-off a colossal sum of US $ 207 million in 1995. ‘This is an invaluable and indispensable research book for both academics and professionals of law, particularly on the rights of minority shareholders in corporates, and for those interested in the combat of fraud and corruption at the highest levels in a country.
Study covers the period 1796-1977.
This Book contains shocking revelations, on how third world developing countries become subservient to economically powerful giants, even having to cover-up major frauds perpetrated on sovereign States and its impoverished people. Author discovers fraud in the construction of Colombo Hilton Hotel, by Japanese companies, Mitsui & Co. Ltd., Taisei Corporation, and Architects, Kanko Kikaku Sekkeisha Yozo Shibata & Associates, with technical assistance from Hilton International USA. Author successfully establishes a strong case of fraud before the highest judiciary, with Japanese unable to answer Interrogatories ordered by Court. Attorney Generals and Secretaries of Finance, at the behest of successive Presidents of the country, require such fraud to be settled, without prosecution. Consequently Author insists and obtains write-offs of US $ 207 million in June 1995 on fraudulent claims of the Japanese on State Guarantees. Author persists on several conditions, which the Government agrees, including an undertaking by the State to take legal action against Members of Securities & Exchange Commission (SEC) for dereliction of duties on inaction on such fraud in a public company, notwithstanding Author’s complaints. This condition affected Justice Minister, subsequently Minister of External Affairs, as a former SEC Member, resulting in him precipitating perverse controversies, causing colossal loss to the company and the State, frustrating the settlement, resulting in the Author suing him, and a courageous Justice ruling in Author’s favour in striking-out the Answer of his own Minister, for duplicitous stances; the courageous Justice later being gunned down by a drug cartel. Author in his crusade, risking his life, to combat corruption at highest echelons of society, faces malicious capricious actions, with vexatious litigations, resulting in him applying to Court to wind-up the company, and the Government arbitrarily unilaterally enacting law to acquire the company !
This is the most controversial Book, containing complex shocking revelations, in the series of Books by the Author, wherein most difficult topics are excellently and diligently dealt with, exposing realities in politics, and non-dispensation of justice, with judiciary acting sans jurisdiction, ultra-vires the Constitution, denying natural justice, making a mockery of the `rule of law', paying scant regard to United Nations Conventions on Human Rights. The range of cases and topics dealt with is indeed amazing making exhorbing reading. Commencing with his own exposure to politics, paying high tribute to minority Tamils in Sri Lanka, the Author brings out stunning prevalent reality. Makes startling disclosures on Sri Lanka's most controversial Presidential Election of 2010, and incarceration, as a villain, a Presidential Candidate, a trusted Army General, once hailed, as the `best Army General in Asia', having led the country's armed forces to crush one of the most feared terrorists organizations, internationally banned, Liberation Tigers of Tamil Elam. The most difficult and delicate subject of `judicial bias and disqualification' at highest levels of the judiciary is dealt with, including the controversy which reverberated on the endeavour by the Legislature to impeach a Chief Justice, whose husband, having held high profile political office, was impleaded in a dubious share scandal, involving the country's leading Savings Bank. Author incisively delves into an important case of abduction of a Tamil businessman, and the horrendous anonymous allegations of trading in human body parts, during the war against the terrorists, allegedly with Indian and Israeli connections. Author analyses real case studies, involving foreign investments, demonstrating classic instances of dubious judicial processes, including subversion of action, vis--vis, fabricated forged documents of public officers tendered to Court, involving questionable professional conduct, and indifference by law enforcement authorities, including Attorney General, Chief Law Officer of the State.