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Intellectual Property Law

Mrs.Thushani Shayanthan
[LL.B(Hons), LL.M(SAU)]AAL
Lecturer, Department of Law,
UOJ
What is intellectual
property?
It is a creation of human mind.
It includes patent, copyright and
other related rights, trademark,
industrial design, layout designs of
integrated circuits, geographical
indications, trade name, trade secret
and undisclosed information.
Related legal documents
Intellectual Property Act of Sri Lanka No 36 of 2003
Agreement on Trade Related Aspects of Intellectual
Property Rights of 1994 (TRIPS Agreement)
Paris Convention for the Protection of Industrial
Property of 1883
Berne Convention for the Protection of Literary and
Artistic Works of 1886
Rome Convention for the Protection of Performers,
Producers of Phonograms and Broadcasting
Organizations of 1961
Patent
Patent can be granted for product or process. (S.62)
Patent can be granted to any field of technology. (S.62)
Patent grants protection to inventions which consist of
novelty, involving an inventive step and industrial
application. (S.63)
Novelty is meant as new and such invention claiming
patent should not be a prior art. (S.64)
At least one inventive step should be involved in the
claimed invention and such inventive step would not
have been obvious to a person having ordinary skill in
the art.(S.65)
Such invention shall be industrially applicable.(S.66)
Grounds for non-
patentability
Discoveries, scientific theories and mathematical methods
Plants, animals and other micro organism other than transgenic micro
organism and an essential biological process for the production of
plants and animals other than non-biological and micro-biological
processes.
Schemes, rules, or methods for doing business, performing purely
mental acts or playing games.
Methods for the treatment of the human or animal body by surgery or
therapy and diagnostic methods practiced on the human or animal
body
An invention which is useful in the utilization of special nuclear material
or atomic energy in an atomic weapon
Any invention, the prevention within Sri Lanka of the commercial
exploitation of which is necessary to protect the public order, morality
including the protection of human, animal or plant life or health or the
avoidance of serious prejudice to the environment.
Rights of a patent holder
Right to exploit the invention
Right to conclude license agreements
However the right to exploit the
invention is subject to doctrine of
exhaustion.
Duration of Patent
Patent Rights are protected for the
period of 20 years.
How to apply for getting
patent
National Intellectual Property Office
of Sri Lanka handles the matters of
intellectual property.
Application for patent is available in
the office.
Procedure is given in Section 71 of
IPA.
You can also see in
http://www.nipo.gov.lk/images/patent-
chart.gif
Inventions made by an employee or
pursuant to a commission
It is a general presumption that if an
employee makes an invention in the
performance of his or her contract of
employment, such work shall be
accrued to his or her employer
unless the contract of employment
provides rules contrary to general
rule.
Copyright
Copyright gives protection to original
works done by the author.
There is no formalities to be followed to
enjoy copyright. (i.e.Registration)
Vasantha Obeyasekera v A.C.Alles, the
Court of Appeal was of the view that the
originality relates to the expression of
thoughts and that the expression need
not be original nor in a novel form.
Protected Works
Literary, Artistic or Scientific Works based on the
sole facts of their creation ( Books, pamphlets,
articles, computer programs, other writings,
musical works, audio-visual works, works of
applied art, photographic works, illustrations,
maps, plans, sketches and three dimensional
works relative to geography, topography,
architecture or science. (S.6)
Derivative Works (translations, adaptations,
arrangements and other modifications, collections
of works and collections of databases. (S.7)
Non-protected works
Idea, procedure, system, method of
operation, concept, principle,
discovery or mere data, even if
expressed, described, explained,
illustrated or embodied in a work
Official text of legislative,
administrative or legal nature as well
as official translation
News published or broadcasted or
telecasted
Rights for Copyright holder
Economic rights
Moral Rights
Economic Rights
reproduction of the work ;
translation of the work ;
adaptation, arrangement or other transformation of the work ;
the public distribution of the original and each copy of the work by sale,
rental, export or otherwise ;
rental of the original or a copy of an audiovisual work, a work embodied in
a sound recording, a computer program, a data base or a musical work in
the form of notation, irrespective of the ownership of the original or copy
concerned ;
importation of copies of the work, (even where the imported copies were
made with the authorization of the owner of the copyright) ;
public display of the original or a copy of the work ;
public performance of the work ;
broadcasting of the work ; and
other communication to the public of the work.
Section 9
Moral Rights
to have his name indicated prominently on the
copies and in connection with any public use of
his work, as far as practicable ;
the right to use a pseudonym and not have his
name indicated on the copies and in
connection with any public use of his work ;
to object to any distortion, mutilation or other
modification of, or other derogatory action in
relation to, his work which would be prejudicial
to his honour or reputation.
Section 10
Duration
Lifetime plus 70 years from the year
of death.
Limitation for copyright
protection
Fair use
Reporting events
Teaching
Research Activities
Section 11
Determining factors
Purpose for multiplying copies whether
commercial or non-commercial
No of copies reproduced whether substantial
or not
Plagiarism

Acts of plagiarism constitute


turning in someone elses work as the persons work,
copying words or ideas from someone else without giving
credit,
failing to put a quotation in quotation marks,
giving incorrect information about the source of a
quotation,
changing words but copying the sentence structure of a
source without giving credit and
copying so many words or ideas from a source that it
makes up the majority of the persons work, whether the
person give credit or not.
However it is not an exhaustive list of acts.
Avoiding Plagiarism

The appearance of plagiarism can be


avoided by always citing sources.
Industrial Designs
It consists of any composition of lines
of colours of any three dimensional
form which gives a special
appearance to product of industry or
handicraft and is capable of serving
as a pattern for a product of industry
or handicraft. (S.30)
The protection shall be given only to
new industrial designs.
Relationship of Industrial Design with
other intellectual property rights
Industrial Design patent
Industrial Design copyright
Industrial design - trademark
Duration
5years
Procedure for registration
Making application in the prescribed
form issued by the NIPO.
Procedure is given in section 40.
Layout Designs of Integrated
Circuits
The protection is given by registration to any
layout design which is original.
Layout Design is original if it has not been
produced by the mere reproduction of another
layout design or of any substantial part and it
is the result of an intellectual effort of a
creator. (S.147)
The protection can be limited for the purpose
of non-commercial activities such as teaching,
research, evaluation, analysis, etc. (s.148(2))
Duration
The protection is given from the date
of first commercial exploitation to the
end of ten years.
Protected rights
Right to reproduce
Right to exploit for commercial
purpose.
Application of International law in
the domestic context
Sri Lanka most probably complies with
international treaties, conventions and
multilateral agreements in the context of
intellectual property law.
The rationale behind complying with
international law is that the TRIPS
Agreement consists of effective
implementation and enforcement
mechanism under World Trade
Organization.
Thank you