What is Intellectual Property?
Intellectual Property means the rights resulting from the creations of the human mind. It generally embraces the rights relating to:-
- literary and artistic works such as novels, poems and plays, films, musical works, computer programs, databases, drawings, paintings, photographs and sculptures, and architectural designs;
- performances of performing artists, sound recordings and broadcasts;
- inventions;
- industrial designs;
- trademarks, service marks, commercial names and designations;
- protection against unfair competition and
- 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 (plant breeders’ 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 neighbouring 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.
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 encourages further creations, enhances investment, and stimulates transfer of technology and strengthening economic growth of the country. Protection of intellectual property thus creates new industries and more employment opportunities whilst enhancing the quality and enjoyment of life. 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.
International Dimensions
The World Intellectual Property Organization (WIPO), a specialized agency in the United Nation’s System, is mandated to promote the protection of Intellectual Property rights in all the member states. WIPO currently administers 26 international conventions on Intellectual property. By December 2018 WIPO has 191 member States. WIPO is based in Geneva, Switzerland and its website is http://www.wipo.int.
In addition, there are other international organizations, which administer certain areas of Intellectual Property such as UNESCO (Universal Copyright Convention), World Trade Organization (the Agreement on Trade Related Aspects of Intellectual Property Rights- the TRIPS Agreement) and the International Union for the Protection of New Varieties of Plants (International Convention for the Protection of New Varieties of Plants).
In Sri Lanka
The current intellectual property legal regime in Sri 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 only Government Department, which is responsible for the administration and control of the intellectual property system in Sri Lanka.
Regulations made under the Intellectual Property Act have been published in,
- the Gazette Extraordinary No. 1415/18 of 10th October 2005
- the Gazette Extraordinary No. 1455/10 of 17th May 2006
- the Gazette Extraordinary No. 1527/18 of 13th December 2007