Intellectual Property Law


(1) Intellectual Property?


   Intellectual Property means the rights resulting from the creations of the human mind. 

   It generally embraces the rights relating to
(a) literary and artistic works such as novels, poems and plays, films, musical works, computer programs, databases, drawings, paintings, photographs and sculptures, and architectural designs;
(b)  performances of performing artists, sound recordings and broadcast;
(c)  inventions;
(d) industrial designs;
(e) trademarks, service marks, commercial names and designations;
(f) protection against unfair competition and
(g) all other rights resulting from intellectual activity in the industrial, scientific, literary and artistic fields such as lay-out designs of integrated circuits, new varieties of plants (breeder’s rights), Geographical Indications and undisclosed information including trade secrets.

  

Intellectual Property is traditionally divided into two categories
:

(i) Industrial Property which includes patents for inventions, trademarks and service marks, industrial designs and Geographical Indications and

(ii) Copyright which covers literary and artistic works. The rights of performing artists, producers of sound recordings and broadcasting organizations are known as the related rights or neighboring rights.

Intellectual Property rights share the characteristics of other property rights – they can be owned, alienated and licensed. They allow the creator or owner of a patent, trademark, or copyright etc. to benefit from his or her own creative work. These rights have been recognized in several international conventions on Intellectual Property.

(2) Why promote and protect intellectual property ?

There are several compelling reasons such as: Human creativity is the foundation of human civilization, progress and well-being. The protection of creative efforts encourage further creations, enhances investment and stimulates transfer of technology and spurs economic growth, creates new industries and employment, and enhances the quality and enjoyment of life. Thus, an efficient and equitable intellectual property system can effectively contribute to the economic, technological, social and cultural development. The intellectual property system attempts to achieve a balance between the rights of the creators and the interest of society as a whole, thereby introducing an environment where the creativity in every sphere of human endeavor can flourish, to the benefit of all.

The current Intellectual Property system in Sir Lanka is governed by the Intellectual Property Act No 36 of 2003 which makes          provisions for a variety of Intellectual Property rights and their acquisition , management and enforcement. The National                Intellectual Property Office of Sri Lanka established under this law is the government department, which is responsible for the        administration of the intellectual Property System in Sri Lanka.

     This link is for the   Intellectual Property Act, No. 36 of 2003 .

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