Browsing by Author "Ariyadasa, A."
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- ItemA Challenge from Humanoid Bots: An Analysis of the Legal Regime in Sri Lanka on Artificial Intellegence(NSBM Green University, 2019-11-22) Ariyadasa, A.Sofia, the world’s best-known humanoid bot has challenged legal regimes in the world. Rapid and unregulated development of Artificial Intelligence (AI) has major repercussions for Legal personality. AI which is a specialized area of Information Technology (IT), focuses on the simulation of human intelligence processes by machines has become an important area in the ongoing global fourth industrial revolution. This new development has created opportunities as well as the challenges everywhere in the global society, has not been sufficiently investigated in Sri Lanka. In this Back drop, this paper explores current legislation, policies and legal regulations of AI in Sri Lanka with two other jurisdictions in order to sort the solutions to the research problem which questions the sufficiency of the legislation to protect AI status of BOTS in order to reach its main objective to examine the challenges of AI on the legal regime paying special emphasis to Sri Lanka. The research rested on qualitative approach to study by usage of primary and secondary sources, materials included national and international legislation, academic and media data. The study stood on the comparative legal analysis, integrated legal interpretation and modeling. In addition to that, key informants were interviewed where necessary to construct strong arguments and balanced conclusions or recommendations. This research argues that special emphasis should be laid to the prospective of treating AI as an autonomous legal personality and separate subject of law and control. The article identifies major approaches in legislation and practice on national regulation of AI and explores a number of current options: AI as a subject of law introduced into national legislation without prior background, AI as a subject of law equal to a person, and regulated or not regulated by separate rules of law, etc. Findings laid grounds to conclude that Sri Lanka has not still been prepared for the challenges posed by AI within the legal system of the country. Some awareness and preparedness are visible in exploiting the opportunities offered by the AI. The legal educational institutions are slowly working to expand the AI components to their study programs. Infrastructural facilities for AI are insufficient at legal institutions in the country and for preliminary recommendations on legal drafting with regard to AI status as that of autonomous legal personality. Policy recommendation can be suggested that, it is essential to introduce accelerated programs to bridge the existing gaps in the AI in the country. Awareness programs would be useful at the initial stage covering all important layers of the legal system in the country. Some basic components should be introduced to the school curriculum to make people aware of the implications of AI on legal system of the country. Sufficient public funds should be allocated with proper planning horizons in this exercise and they can be used for development of national legislation and further research on legal aspects of robotic AI.
- ItemPoster Presentation: Is the Law Sufficient to Protect Consumers Against the Manufacturers Marketing Immotions By Unfair Advertising A Comparative Analysis Of The Competition Law In Sri Lanka(NSBM Green University, 2018-08-25) Ariyadasa, A.“Exaggerated claims of quality and selective discussion of the position attributes of a product or service are common and expected advertising practices (J.P.Nehf)”. Given the importance of the multiple mechanisms in the consumer protection Jurisprudence, this essay discusses the legal framework of advertising with examples in lite of consumer protection Jurisprudence. Advertising plays a key role in the modern consumer society. While advertising makes available to consumers information which the advertiser wishes the consumer to have, it raises certain fundamental questions concerning its objectives and the techniques that are used. It is also alleged that advertisements tend to promote consumption by playing with consumers emotions and provide little information that are useful for evaluating competing products. It is therefore assumed that it is essential to regulate advertising. It is hereby critically evaluated that the above statement in the light of competition law and policy based on the legal regimes that is prevailing in Sri Lanka with that of Germany. It seeks to further scrutinize whether the advertising strategies are in line with the Competition Law and policy. Legislation and regulations, their effectiveness, inefficiencies and limitations to provide adequate protections to the consumers. It is further analyzed misleading, deceptive, false, comparative advertising and Unfair Competition to observe whether the present advertising strategies play out with emotions of the consumers other than providing appropriate information and proper comparisons. It is hereby promotes fair comparative advertising to increase a healthy competition which can be adopted to protect consumers and for them to provide information that are useful for evaluating competing products. Anticompetitive advertising in the present day context in Sri Lanka and is compared with the German Unfair Competition Act (UWG) for a better contrast and conclusion. The necessary data and information are simple surveys, discussions, Published articles, books, journals and decided cases and relevant Acts have been used and analyzed to conduct this essay. In addition, many internet articles and web sites are referred to this work.
- ItemProtection of Copyright Owners & Authors Rights in the Internet: A Comparative Analysis of IP Law in Sri Lanka and European Directives(NSBM Green University, 2019-11-22) Nishshanka, I.S.B.; Ariyadasa, A.Protection of copyright of original intellectual Creations has become an uphill task under the prevailing highly connected and complicated global environment with the digitalization and the internet. This paper scrutinizes the effectiveness of the copyright protection of the current legal regime in Sri Lankain a comparative analysis with the European Union Directives in order to seek the answer for the research gap to conclude whether the Sri Lankan Intellectual Property (IP) regime is sufficient to safeguard the rights of the copyright owners and authors with the rapid involvement of the internet. This study is expedient due to lack of investigation in the Sri Lankan academia. The exploration rested on secondary sources and data was analyzed by a qualitative approach. Materials included national and international legislation, academic and media data. The study stood on the comparative legal analysis, integrated legal interpretation and modeling. In addition to that, key informants in the field were interviewed as a supplementary primary source of information. The research findings suggest the free riders are exploiting the existing loopholes of the legal systems and law enforcement areas. Therefore, a special emphasis should be paid to the protection of intellectual property rights on the internet. The article identifies major approaches in legislation and practice on EU regulations and explores a number of current options: IP enforcement as a harmonized and regulated or not regulated by separate rules of law, Digital Single Market etc. The research findings laid grounds for preliminary recommendations on legal drafting with regard to IP status as that of harmonized and autonomous legal personality. It could be concluded that the Sri Lankan IP Legislation consist of many lope holes to safe guard their copyright of the Owners and Authors due to the territorial nature of enforcement, lack of harmonization and lack of proper regulations and awareness. In order to prevent those problems, it is suggested various options such as development and amendments of the national legislation, introduce IT-IP regulations, introduction of the data privacy Act etc. further research could be recommended to discover the challenges for IP law in artificial Intelligence.