Dr. Sanath Sameera Wijesinghe

Senior Lecturer (Gr.II)

PhD (QUT - Australia), LL.M (Merit) Colombo, LL.B (Hons) Colombo

Legal Studies
Faculty of Humanities and Social Sciences
Website Twitter RG GS
Contact:

Central Campus, Faculty of Humanities and Social Sciences, The Open University of Sri Lanka, Nawala, Nugegoda, Sri Lanka

Office: 112881432, Ext: 649

E-mail: waswi@ou.ac.lk

Web: https://www.linkedin.com/in/sanath-sameera-wijesinghe-99699097/


Dr. Sanath Wijesinghe is a senior lecturer (Gr. II) in the Department of Legal Studies at the Open University of Sri Lanka, an Associate Fellow of the UK Higher Education Academy (AFHEA) and an attorney-at-law. He holds a Bachelor of Laws (LL.B) (Honours) and a Master of Laws (with merit pass) from the University of Colombo and a PhD from the Queensland University of Technology (Australia). He researches in health law and intellectual property law, focusing primarily on the intersection of the right to health and intellectual property rights and the role of global health governance. His doctoral thesis examined the approaches to enable low- and middle-income countries’ tobacco plain packaging measures through expanding international law and policy and the global community’s support

Areas of Specialization:

Health Law and Governance, Intellectual Property Law, Tobacco Control and Plain Packaging, International Economic Law

Research interests:

Health Law and Governance, Intellectual Property Law, Tobacco Control and Plain Packaging, International Economic Law

Affiliations:
  • Associate Fellow of the UK Higher Education Academy (AFHEA) (from December 2020) 
  • Attorney-at-Law, Supreme Court of Sri Lanka  (from December 2013)
Contributions:
  • Visiting Lecturer in Intellectual Property Law, Fundamentals of Commercial Law and Legal Theory, Master of Laws (LLM) Degree Programme, Faculty of Law, University of Colombo (August 2022 to up-to-date)
  • Visiting Lecturer in International Trade Law, Master of Business Administration in International Business  (MBA IB) Degree Programme, Faculty of Management and Finance, University of Colombo (June 2022 to up-to-date)
  • Visiting Lecturer in Constitutional and Administrative Law, Bachelor of Science Management (Public) (Special) Degree, Department of Public Administration, Faculty of Management Studies and Commerce, University of Sri Jayewardenepura (June 2022 to up-to-date)
  • Visiting Lecturer in Public International Law, Higher Diploma and PGD in International Relations, Bandaranaike Centre for International Studies (BCIS), Colombo (June 2022 to up-to-date)
  • Sessional Academic in Intellectual Property Law, Entertainment Law, and Journalism Law at the School of Law, Faculty of Law, Queensland University of Technology, Brisbane, Australia (June 2019 to up-to-date)
  • Visiting Lecturer in International Investment Law, Faculty of Law, General Sir John Kotelawala Defence University, Ratmalana, Sri Lanka. (2015 to 2016) 
  • Visiting Lecturer in Business Law, Department of Management and Organization Studies, Faculty of Management and Finance, University of Colombo, Sri Lanka (2016 to 2017) 
  • Visiting Lecturer in Industrial Relations and Labour Law, Department of Human Resource Management, Faculty of Management and Finance, University of Colombo, Sri Lanka (2015 to 2018)
  • Resource Person, Centre for Study of Human Rights, Faculty of Law, University of Colombo, Sri Lanka (2014 to 2015)
  • Visiting Lecturer in Law of Evidence, National Police Academy of Sri Lanka (2014 to 2018 & from 2021 to up-to-date)
  • Visiting Lecturer in Law of Evidence, Prison College of Sri Lanka (2016-2018)

 

Awards:
  • Best Research Paper Award, for the paper titled ‘Protection of Intellectual Property Rights and Advancing Public Health in the Time of the Global Pandemic: The Impact of the Increasing Use of Three-Dimensional (3D) Printing of COVID-19 Medical Equipment’ (with A.A.C.J. Adikari) in 18th International Conference on Business Management (ICBM) 2021, University of Sri Jayewardenepura, Sri Lanka. (December 09-10, 2021)
  • QUT Write-Up Scholarship (2021) – Queensland University of Technology (QUT), Brisbane, Australia
  • QUT Faculty of Business and Law Scholarship (2020) – Queensland University of Technology (QUT), Brisbane, Australia
  • National Centre for Advanced Studies in Humanities & Social Sciences – PhD Scholarship (2018)  – Ministry of Higher Education & Highways, Sri Lanka
  • HDR Tuition Fee Sponsorship 2018  – Queensland University of Technology (QUT), Brisbane, Australia
  • The Dean of the Faculty of Law Award for Jurisprudence, Gold Medal” for the best performance in “Jurisprudence” at the Bachelor of Laws, Year IV Examination, Faculty of Law, University of Colombo, held in 2012. 
  • First Class (Hons) Attorney-at-Law Final Examination, Sri Lanka Law College (October 2012)
Researches:

Refereed Journal Articles 

  • Sanath Wijesinghe, Chaminya Adikari & Ruwanthika Ariyaratna, The Proposal for Waiver of WTO’s TRIPS Agreement to Prevent, Contain and Treat COVID-19: Investigating the Benefits and Challenges for Low- and Middle-Income Countries, Journal of Intellectual Property Law & Practice, 2022 (Vol 17 | issue 2) pp 179-192 https://doi.org/10.1093/jiplp/jpab182
  • Charith Amidha Hettiarachchi, Sanath Wijesinghe & CD Attanayake, The Laws of Isolation and Its Legitimacy of Practice in Sri Lanka: A Judicial Review, Journal of the College of Community Physicians in Sri Lanka, 2021, Vol. 28. Issue 1, 2022, pp 541-554 DOI: http://doi.org/10.4038/jccpsl.v28i1.8466
  • A.A.C.J. Adikari and Sanath Sameera Wijesinghe, Making Intellectual Property a Common Good to Combat Global Pandemics and the COVID-19 Technology Access Pool (C-TAP): Responding the Challenges Exerted by Big Pharma and Some High-Income Countries, Vidyodaya Journal of Management, 2021 (Vol 7), Issue 2, 2021 pp 69-99
  • Charith Amidha Hettiarachchi, Sanath Wijesinghe & Alexandra Jones, Information Printed on Sugar-Sweetened Beverage Labels: A Comparative Analysis of Australian and Sri Lankan Legal Framework, OUSL Journal, (2021) Vol. 16, Issue 2, pp 9-26, http://doi.org/10.4038/ouslj.v16i2.7496
  • Charith Amidha Hettiarachchi, Belinda Reevee & Sanath Wijesinghe, A Comparative Doctrinal Analysis of Food Advertisement Laws in Sri Lanka with Selected Jurisdictions, Journal of the College of Community Physicians in Sri Lanka, (2021) Vol. 27. Issue 2, pp 339-349, https://doi.org/10.4038/jccpsl.v27i2.8393
  • Charith Amidha Hettiarachchi & Sanath Wijesinghe, Food-Medicine Interface and its Application in International Level, Comparative Jurisdictions and Sri Lankan Legal Context, World Nutrition, Vol. 12. Issue 1, 2021, pp 103-111, https://doi.org/10.26596/wn.2021121103-11
  • B.A.R.R. Ariyarathna & W.A.S.S. Wijesinghe, Protecting Copyrights and Related Rights in the Digital Dilemma: Some Challenges, Journal of Business Management and Economic Research (JOBMER), 2018 (Vol. 02. Issue), pp 44-55, doi: 10.29226/TR1001.2018.20
  • Sanath Sameera Wijesinghe, Patenting Software-Related Inventions in Sri Lanka: Comparative Analysis with Reference to United States of America, United Kingdom and European Union, South East Asia Journal of Contemporary Business, Economics and Law, Volume 12 (April 2017) Issue (02), pp 67-75.
  • Sanath Sameera Wijesinghe, The Protection of Geographical Indications in Developing Countries: The Case of Ceylon Tea, BALANCE – International Multidisciplinary Law Journal / Symbiosis Law School Hyderabad, India, Volume 1 (December 2015) pp 07-25.

Non-Refereed Journal Articles 

  • Sanath Sameera Wijesinghe, Human Link Between Sustainable Development Tobacco Control: Gro Harlem Brundtland’s Contribution to Sustainable and Tobacco Free World. Junior Bar Law Journal, 2022 (Vol 13) 142-149.
  • Sanath Sameera Wijesinghe, ප්‍රකාශන සහ සම්බන්ධිත අයිතිවාසිකම් සාමුහිකව කළමනාකරණය සම්බන්ධ ශ්‍රී ලංකාවේ නීතිය පිළිබඳ තුලනාත්මක විග්‍රහයක්, Kurunegala Bar Association Law Journal, 2022 (Vol 01) pp 114-128.
  • Sanath Sameera Wijesinghe, Is the Jurisdiction of International Criminal Court an Extension of National Criminal Jurisdiction? Some Dilemmas, Junior Bar Law Journal, 2018 (Vol X) pp 205-210.
  • Sanath Sameera Wijesinghe, The Applicability of the Principles of Traditional Contract Law in the Sphere of Online Contracts: A Sri Lankan Perspective, Junior Bar Law Journal,  2016 (Vol.07) pp 233-239.
  • Sanath Sameera Wijesinghe, The War against Bio-Piracy and Protection of New Plant Varieties in Sri Lanka, ‘Meezan’ Annual Law Journal, Sri Lanka Law College, (50th edition) June 2016, pp 148-162
  • Sanath Sameera Wijesinghe, Dichotomy of International and Non-International Armed Conflicts in International Humanitarian Law: Contemporary Application, Manurawa Human Rights Law Journal, Sri Lanka Law College, Vol. 01, 2016, pp 131-138

Refereed Full Papers/Extended Abstracts/Abstracts and Panel Presentations 

  • Sanath Sameera Wijesinghe, ‘The Normative Value of the Doha Declaration Beyond Patents: Lessons from the Landmark WTO Rulings on Australia-Tobacco Plain Packaging measures’ [full paper] Diamond Jubilee International Research Conference (DJ IRC) 2022, Faculty of Law, University of Colombo, Sri Lanka (2022 December 03) https://law.cmb.ac.lk/djirc-2022/conference-proceedings/
  • Sujeewa Kumari, Deepthi Wrikramasinghe & Sanath Sameera Wijesinghe, ‘A Critical Analysis of the Legal Regime for e-Waste Management in Sri Lanka'[full paper] Diamond Jubilee International Research Conference (DJ IRC) 2022, Faculty of Law, University of Colombo, Sri Lanka (2022 December 04)
  • Sanath Sameera Wijesinghe & A.A.C.J. Adikari, Protection of Intellectual Property Rights and Advancing Public Health in the Time of the Global Pandemic: The Impact of the Increasing Use of Three-Dimensional (3D) Printing of COVID-19 Medical Equipment [full paper] 18th International Conference on Business Management (ICBM) 2021, University of Sri Jayewardenepura, Sri Lanka (2021, December 09-10)
  • Sanath Sameera Wijesinghe, Public Health and Trademark Debate: A Proposal to Develop a Policy Coherence in Sri Lankan IP Law in the Context of Proposed Tobacco Plain Packaging Measures [full paper] 17th WIPO-WTO Colloquium for Teachers of Intellectual Property organised by the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO) Geneva, Switzerland. (November 4, 2021) 
  • Sanath Sameera Wijesinghe & A.A.C.J. Adikari, Making Intellectual Property a Common Good to Combat Global Pandemics: The COVID-19 Technology Access Pool (C-TAP) and the Role of Big Pharma,  [full paper] 17th International Conference on Business Management (ICBM) 2020, University of Sri Jayewardenepura, Sri Lanka. (December 12, 2020)
  • Sanath Wijesinghe, Chaminya Adikari & Ruwanthika Ariyaratna, The Interplay Between Public Interest and Individual Rights During the COVID-19 Outbreak in Sri Lanka: A Comparative Legal Analysis with Selected Jurisdictions  [extended abstract] The Open University Research Sessions 2020, Open University, Sri Lanka. (November 11, 2020) 
  • Sanath Sameera Wijesinghe & A.A.C.J. Adikari, You should Establish Guard, Ward and Protection According to Dhamma: The Constitutional Mandate of the Executive Presidency and the Buddhist Teachings of Kingship [extended abstract] The Open University Research Sessions 2019, Open University, Sri Lanka. (October 30, 2019)
  • Sanath Sameera Wijesinghe, The Evidentiary Value of the World Health Organization Framework Convention on Tobacco Control in Defending Plain Packaging Measures in the WTO Disputes[full paper] Intellectual Property and Trade Conference 2019, School of Law, Queensland University of Technology, Brisbane, Australia. (April 10, 2019)
  • Sanath Sameera Wijesinghe, Legitimization of Tobacco Plain Packaging based on its Public Health Objectives under WTO Laws: An Analysis of the Australia – Tobacco Plain Packaging Decision [full paper] Intellectual Property (IP) Academics Conference Australia – 2019, University of Tasmania, Hobart, Australia. (February 12 & 13, 2019)
  • Sanath Sameera Wijesinghe, Stopping Silent Salesman: An Appraisal of the Implementation of Graphic Health Warning Regulations of Tobacco Products in Sri Lanka [extended abstract] Open University International Research Sessions (iOURS 2018), The Open University of Sri Lanka. (November 29, 2018)
  • Sanath Sameera Wijesinghe, The Impact of Healthy Lifestyle Regulations on Intellectual Property Rights: A case of Tobacco Control in South Asia [full paper] in 70th Anniversary International Legal Research Conference, Faculty of Law, University of Colombo, Sri Lanka. (November 16, 2018)
  • Sanath Sameera Wijesinghe, Tobacco A Threat to Development: Tobacco Control, Intellectual Property and Sustainable Development [full paper] in Intellectual Property and Sustainable Development Symposium, Intellectual Property and Innovation Law Programme, Faculty of Law, Queensland University of Technology, Brisbane, Australia. (September 06, 2018)
  • Sanath Sameera Wijesinghe, Comparative Analysis of Collective Management Organizations of Copyrights and Related Rights; With Special Reference to Sri Lanka [extended abstract] in Opening Minds: Research for Sustainable Development, The Open University Research Sessions, Open University, Sri Lanka. (November 12, 2017)
  • Sanath Sameera Wijesinghe, Intersection of Trademark Rights, Right to Health and Principle of Proportionality: A Sri Lankan Perspective [full paper] Asian Society of International Law Regional Conference-2016, ‘International Law and a Dynamic Asia’, Hanoi, Vietnam. (June 12-16, 2016)
  • Sanath Sameera Wijesinghe, The Protection of Geographical Indications in Developing Countries: The Case of Ceylon Tea [full paper] First International Multidisciplinary Law Conference- 2015, ‘Interdisciplinary Integration for Legal Enrichment’, Symbiosis Law School, Hyderabad, India. (October 9 & 10, 2015)
  • Sanath Sameera Wijesinghe & Ruwanthika Ariyaratna, Applicability of International Humanitarian Law in a Context of Non-International Armed Conflicts: An Overview [extended abstract] Annual Academic Sessions, the Open University of Sri Lanka, Sri Lanka (November 14, 2016)
  • Sanath Sameera Wijesinghe, Application of the Concept of Trusteeship for the Sustainable Management of Natural Resources: Reception of Ancient Wisdom in the sphere of Environmental Law [extended abstract] Second International Conference on Interdisciplinary Legal Studies 2015, Colombo, Sri Lanka, Organized by International Center for Research & Development/Canada (February 25 to 27, 2015)
  • Sanath Sameera Wijesinghe, Protection of Cultural and Natural Heritage of Sri Lanka: A Legal Perspective [extended abstract] Second International Research Symposium, Rajarata University of Sri Lanka, Sri Lanka. (October 25, 2015)
  • Sanath Sameera Wijesinghe & B.A.R.R. Ariyaratna, Balancing Trademark Rights against Right to Health: An Analysis with Reference to the Recent Case of Ceylon Tobacco PLC v. Minister of Health’ [extended abstract]  Annual Academic Sessions, the Open University of Sri Lanka, Sri Lanka, (November 18, 2014) 
  • Sanath Sameera Wijesinghe, The Buddhist Teachings on the Concept of Trusteeship on Natural Resources: Reception in International Environmental Law and its Influence on Domestic Law [extended abstract] Second National Conference, Bhiksu University of Sri Lanka, Sri Lanka. (February 15, 2014)
Ongoing Research:
  • Tobacco control and plain packaging 
  • Sustainable development and intellectual property
  • Intellectual property and access to medicine in the COVID-19 pandemic 
  • Health law, technology and governance 
Research Supervisions:
  • MPhil/PhD supervisor and examiner, MPhil/PhD Degree Programme, Faculty of Law, University of Colombo, Sri Lanka 
    • Reforms for the Computer Crime Act in Sri Lanka: A Comparative Legal Analysis with United Kingdom, Singapore and the United States of America (MPhil/ongoing) 
    • A Comparative Study of Collective Management of Copyright and Related Rights with Special Reference to Music Industry in Sri Lanka (PhD/ongoing)
    • Unravelling the Devolution of Legislative Power in Sri Lanka: A Comparative Perspective (MPhil/ongoing)
  • MPhil/PhD supervisor and examiner, MPhil/PhD Degree Programme, Faculty of Graduate Studies, University of Colombo, Sri Lanka 
    • Escaping the Deprivation of Medicine by Igniting Synergy between Parallel Importation and Compulsory Licensing in Sri Lanka (MPhil/ongoing)
  • MPhil supervisor, M. Phil. Degree in the Dept. of Zoology & Environment Sciences, Faculty of Science, University of Colombo, Sri Lanka 
    • A Comparative and Analytical Environmental Law Approach Towards a Robust ‘e-Waste’ Legal Regime for Sri Lanka. (MPhil/ongoing)
  • LLM dissertation supervisor and examiner, Masters of Laws in Criminal Justice Administration Degree Programme, Department of Legal Studies, the Open University of Sri Lanka 
  • MHRD dissertation supervisor and examiner, Master of Democratisation and Human Rights, Centre for Study of Human Rights (CSHR), Faculty of Law, University of Colombo, Sri Lanka 
  • Dissertation supervisor and examiner, LLB Degree Programme, Department of Law, University of Peradeniya 

 

Publications:
  • An Effective Legal Regime for Protecting Geographical Indications: The Sri Lankan Experience The Open Quarterly iii/2017, pp13-14
  • Sri Lankan Symbol of International Law – An Appreciation of Late Judge C.G. Weeramantry – The Open Quarterly ii/2017, pp21-22

 

 

 

 

 

 

 

 

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