Julius & Creasy > Colombo, Sri Lanka > Firm Profile

Julius & Creasy
No. 371, R. A. de Mel Mawatha
PO BOX 154
COLOMBO 03
Sri Lanka

Sri Lanka > Legal market overview

Sri Lanka > Banking and finance Tier 1

Julius & Creasy acts as local legal counsel for a sizeable number of foreign lenders on a broad spectrum of issues such as syndicated loans, leveraged financing and trade financing as well as regulatory matters. It also has substantial expertise in sub-custodianship issues. The team is vastly experienced in advising on local laws and issuing legal opinions on large loan transactions, including work with notable local financial institutions. Under the leadership of Janaki Kumaraguru and Priya Sivagananathan, the  group advises banks, investment banks and fund managers that are based outside Sri Lanka on trading in derivatives and on market access to products in the country. Aircraft leasing is a specialist area of expertise.

Key clients

Norton Rose Fulbright LLP

Work highlights

  • Advised Norton Rose Fulbright LLP on the laws that are applicable to guarantees in Sri Lanka

Sri Lanka > Corporate and M&A Tier 1

Julius & Creasy advises a significant number of local and foreign businesses and private clients on a broad array of corporate and commercial matters, often working with prestigious foreign law firms. Its first-rate team routinely advises on foreign direct investments, foreign exchange regulations as well as on the restructuring of conglomerates. Other strengths lie in advising on data protection issues on major cross-border deals. In addition it receives plaudits for its work in other areas such as advising most of the leading global telecommunications and social media companies on local regulatory compliance requirements. Team heads Amila Fernando and Anandhiy Gunawardhana lead the experienced team, which also has considerable expertise in carrying out compliance checks on listed companies and in other areas such as advising on depositary receipts.

Other key lawyers:

Testimonials

‘The greatest asset is its staff for their technical knowledge and availability even at a partner level to discuss matters at short notice’.

‘Anandhiy Gunawardhana definitely stands out for her amazing technical knowledge, ability to understand practical requirements of a business and provide legal advice that is practical and her humility and personality is just fantastic’.

‘Very professional. They have the expertise of the corporate law. Very friendly and helpful team‘.

Anandhiy Gunawardena is very professional and friendly. She has a vast knowledge about corporate issues including drafting corporate agreements. I am very satisfied with the way that she is handling the matters‘.

Key clients

Chevron Lubricants Lanka PLC

Corporate Managers & Secretaries (Pvt) Ltd

Vetrivel Group Lanka (Pvt) Ltd

Freshfields Bruckhaus Deringer LLP, London

Work highlights

  • Chevron Lubricants was contemplating on holding a virtual AGM for the year 2020 for which they retained Julius and Creasy to obtain legal advice on the formalities to be implemented for the said AGM and confirmation that they were in line with the applicable laws.
  • Conducted a company search on a target company in which the client was to acquire the majority stake. It also advised the client on the pre-requisites that the sellers of the shares as well as the target company ought to comply with, prior to its client acquiring a majority stake, to safeguard the interests of all the stakeholders.

Sri Lanka > Dispute resolution Tier 1

Julius & Creasy fields an excellent team that advises on a broad spectrum of contentious matters from civil and commercial litigation through to areas as diverse as white-collar crime, constitutional and administrative law and environmental matters. In addition the group has represented many clients in complex arbitrations involving governmental bodies and private companies, under ICC and UNCITRAL rules, among others. Anandhiy Gunawardhana is among the key members of the team along with SA Cader, who frequently represents clients in the Admiralty Court. Other major clients include various Sri Lankan listed companies and large international businesses.

Other key lawyers:

Key clients

Wildlife and Nature Protection Society of Sri Lanka (WNPS)

City Bank NA

Sabre Travel Network Lanka (Pvt) Ltd

International Committee of Red Cross

Hong Kong and Shanghai Banking Corporation (HSBC)

Chevron Lubricants PLC

Timemark Limited

DFCC Bank PLC

Reckitt Benckiser (Lanka) Limited

Medtronic Inc. USA and India Medtronic Private limited

Finlays Colombo Limited

SmithKline Beecham (Private) Limited

Lankem Ceylon PLC

KIA Motors (Lanka) Limited

Standard Chartered Bank

DFP Canada Limited

Sigiriya Village Hotels PLC

Euro Capital

Colombo Stock Exchange

Onally Holding PLC

Work highlights

  • Representing Sabre Group in several connected matters in seeking specific performance of an agreement which provides for damages in the event of breach.
  • Representing a foreign bank in the recovery of the funds belonging to the bank which had been remitted out by cyber criminals.
  • Representing an officer of the  International Committee of the Red Cross [ICRC] in a criminal action who has been falsely prosecuted for producing fabricated evidence.

Sri Lanka > Shipping Tier 1

Julius & Creasy handles dry and wet shipping cases, including vessel arrests and cargo claims, as well as salvage work and enforcement of ship mortgages. Senior partner and head of team Sakeen Cader advises many local and foreign clients, including numerous P&I Clubs, charterers and ship-managers.

Practice head(s):

Sri Lanka > Intellectual property Tier 2

Anomi Wanigasekera leads the intellectual property division at Julius & Creasy. It advises on diverse matters from patent, trade mark and copyright issues to industrial design and domain names. It handles a whole host of other issues in sectors such as biotechnology, health care, pharmaceuticals and software. The group advises various multinational companies including some Fortune 500 companies and also acts for several leading Sri Lanka conglomerates. In addition, the practice is regularly instructed by some of the leading trade mark agents based overseas.

Practice head(s):

Key clients

Baker & McKenzie

Mars Incorporated

Bajaj Auto Ltd

Unilever

PLCCPA Global

Fross Zelnick

Toyota Technical

TATA Motors

Apple Inc

Honda Motor Co. Ltd

Hayleys PLC

Astra Zeneca

Abbott

Novartis

Shangri La

HyattMarriot

Sri Lanka > Private client Tier 2

Sri Lanka > Tax Tier 2

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PhotoNamePositionProfile
Anomi Wanigasekera photoMrs Anomi WanigasekeraPartner

Memberships

  • Council Member – Asia Patent Attorneys Association
  • Trademark Committee Member – Asia Patent Attorneys Association
  • Joint Secretary – Asia Patent Attorneys Association, Sri Lanka Group
  • Member – International Trademark Association (INTA)
  • Member – Institute of Trademark Attorneys, UK (ITMA)
  • Member – American Chamber of Commerce
  • IPR Committee Member – American Chamber of Commerce
  • Life Member – Bar Association of Sri Lanka
  • Life Member – Colombo Law Society
  • Examiner Sr Lanka Law College

Publications

  • Parallel Imports and some aspects of Trademark Law (co-authored) 2008 BASLJ p.49
  • Trademark Conflict on the Internet
  • Enforcement of Intellectual Property Rights in Sri Lanka
  • Comparison of Hague-Visby and Hamburg Rules
  • Women in Intellectual Property Law
  • Patent Protection in Sri Lanka
  • Comparison of Hague-Visby and Hamburg Rules

2020

Award Publication/Awarding Body/Miscellaneous

Intellectual property, Asialaw Profiles, Anomi Wanigasekera, Julius & Creasy
Best overall firm by aggregate score, Asialaw Profiles, Julius & Creasy
Asia’s top women in law, Asia Business Law Journal, Anomi Wanigasekera

2019

Award Publication/Awarding Body/Miscellaneous

Winner – Sri Lanka – Patents 2019, Asia IP Awards, Anomi Wanigasekera

Law Firm of the Year, Sri Lanka, Corporate LiveWire 2019 Global Awards –

Leading Adviser Awards – Leading Intellectual Property Attorney of the Year, Sri Lanka Acquisition International, Anomi Wanigasekera

Intellectual Property Law firm of the Year in Sri Lanka, Global Law Experts Annual Awards – 2019, Anomi Wanigasekera

Certificate of Excellence for outstanding performance in: Full Service Law, Advisory Excellence, Anomi Wanigasekera

2018

Award Publication/Awarding Body/Miscellaneous

Certificate of Excellence for outstanding performance in: Intellectual Property Law Advisory Excellence, Anomi Wanigasekera

Excellence in IP Law Services CorporateLiveWire Innovation & Excellence Awards 2018, Anomi Wanigasekera

IP Lawyer of the Year 2018 – Sri Lanka IP Excellence Awards 2018, Anomi Wanigasekera

2017

Award Publication/Awarding Body/Miscellaneous

Best IP Law Firm 2017 – Sri Lanka Acquisition International Excellence Awards 2017, Anomi Wanigasekera

Acquisition International Excellence Award 2017 Best IP Law 2017 – Sri Lanka, Anomi Wanigasekera

Intellectual Property Law Firm of the Year in Sri Lanka 2017 CorporateINTL Global Awards 2017, Anomi Wanigasekera

2015

Award Publication/Awarding Body/Miscellaneous

2015 Asia IP Awards Sri Lanka trademarks firm of the Year Sri Lanka copyright firm of the Year, Anomi Wanigasekera

Intellectual Property Law Firm of the Year in Sri Lanka 2015 Corporate International Magazine Legal Award, Anomi Wanigasekera


SC. Appeal 92/2019 – Unilever Sri Lanka Limited vs. Nature’s Beauty Creations Limited

We act on behalf of the Plaintiff-Appellant. We have filed action on behalf of our clients against the Defendant-Respondent for publishing / airing disparaging advertisements against our clients in contravention of Section 160 of the Intellectual Property act No. 36 of 2003. Although, the Hon. Commercial High Court made Order refusing the Interim Injunction prayed by us, The Supreme Court has granted leave to our clients in appeal of the said Order. Supreme Court further granted an Interim Order restraining the Defendant-Respondent from publishing / airing the three specific advertisements. The said Appeal has been fixed for Argument.

HC (Civil) 26/2019/IP – Watawala Tea Ceylon Limited vs. Harrisons (Colombo) Limited and International Cosmetics (Private) Limited

We represented the Defendants in this matter. The Plaintiff instituted action against our clients obtaining an Enjoining Order at the first instance, restraining our clients from using, packing, supplying, advertising, promoting, marketing and selling their “Apê Thê” brand of tea. However, we have successfully defended our clients which resulted in the Hon. Court vacating the Enjoining Order against the Defendants and further refusing the Interim Injunction prayed for by the Plaintiff. As a result, the Plaintiff withdrew the action. A separate action has been initiated by the defendants against the plaintiff claiming damages for the loss caused during the operation of Enjoining Order..

HC (Civil) 37/2019/IP – Maharaja Entertainments (Private) Limited vs. Independent Television Network Limited

We represent the Plaintiff in this matter. Our client holds the exclusive territorial license in respect of the film “ASTERIX: The Secret of the Magic Potion” for commercial exploitation in the territory of Sri Lanka. This action was instituted against a television channel based in Sri Lanka for wrongfully, unlawfully and without authorization from our clients, broadcasting the said film in Sri Lanka in violation of client’s copyright and related rights. This case is fixed for Interim Injunction Inquiry by way of Oral Submissions.

HC (Civil) 03/2020/IP – CONSTANCE CARROLL Spolka Z Ograniczona Odpowiedzialnoscia Spolka Komandytowa vs. British Cosmetics (Pvt) Ltd

We act on behalf of the Plaintiff – a Polish company who are the owners of the “CONSTANCE CARROLL” mark, used in relation to its world famous cosmetic products. We have instituted action on behalf of our clients against the former local distributor of the said products for engaging in Unfair Competition and violating our client’s rights under Section 144 of the Intellectual Property act No. 36 of 2003. We also represent our client in connected inquiries against the defendants at the National Intellectual Property Office and the National Medicines Regulatory Authority.

HC (Civil) 06/2020/IP – Minor International Public Company Limited and MHG IP Holding (Singapore) Pte. Ltd. vs. Dr. Anoma Jayasinghe and Mr. Rohan Jayasinghe

We represent the Plaintiffs who operate several hotels and resorts worldwide under the name and style of “AVANI”. We have filed action on behalf of our clients against the owners of boutique hotel carrying on business under the name and style of “ARVANI” VILLA. We have pleaded that the said act amounts to Unfair Competition in terms of Section 160 and trademark infringement under Section 121 of the Intellectual Property act No. 36 of 2003.

Anomi Wanigasekera, Partner

Anomi heads the Intellectual Property division at Julius & Creasy.

What has been your greatest achievement, in a professional and personal capability?

My greatest achievement would be balancing the role of being a mother and a successful lawyer in a country that has set gender roles that are not conducive to the career development of women. More specifically, being able to give off my time and attention to the role of the mother that I play in my family as well as the role of the career woman whilst staying current in the ever evolving society.

What do you do differently from your peers in the industry?

What sets me apart from my peers is patience and professionalism in which I handle both clients and circumstances. In an industry/ profession that is increasingly becoming competitive many professionals are seen going out of their way to secure clients and opportunities, at times resorting to unethical and unprofessional practices. I have always believed in doing the right thing and sending out good, positive vibes out, which has been well rewarded.

What advice would you give to your younger self?

I would advise my younger self to expect the unexpected and stay positive.

Can you give me a practical example of how you helped a client add value to the business?

Unprecedented COVID 19 pandemic situation has affected the global community and has had a drastic impact on the national as well as international trade and economy. Looking ahead to the next 12 months, we all got to work hard and be prepared to assist and support clients in responding to the economic slowdown due to the pandemic situation. We all have to be strong and positive in these difficult times and do everything possible to maintain good relationships with clients.

Within your sector, what do you think will be the biggest challenge for clients over the next 12 months?

I always advice and encourage clients to protect their brands, new designs and inventions by registering with the authorities. As Intellectual Property is an intangible asset which can fetch a high value to product/service as well as the business A subsidiary of Hayleys Group of companies registered their brand names, Designs and Patents in Sr Lanka as well as in foreign jurisdictions and was successful in enforcing their rights in Sri Lanka as well as in other jurisdictions such as India, UK. USA.