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INTELLECTUAL PROPERTY RIGHTS

What is an Intellectual Property?

With compared to real property, Intellectual Property is NOT tangible because it is not a product of human skill but of human intellect. Therefore it is said that “it is a fruit of human intellect”.

Why Intellectual Property Rights are important?

Although it is a fact that the power of thinking or the Power of mind cannot be stolen by a powerful third party, it is equally true that “ Intellectual Property Rights “ are being violated all over the globe. Intellectual Property Law is the branch of Law that provides protection for this valuable result of human endeavor. In the process of the development of the world as it stands today, the human mind: the intellect played the major role which nobody can deny. Therefore every country has given a prominent place to this special branch of Law for the sake of economic development.

What are the governing bodies and Acts of Intellectual Property Rights?

Intellectual Property Act No.36 of 2003 is the frame work within which the Intellectual Property Rights are currently protected within SRI LANKA which is a member state of World Intellectual Property organization (WIPO) and a party for the International Treaties/Agreements such as (PCT) Patent Co-operation Treaty, TRIPS Agreement and Berne convention.

The National Intellectual Property Office of Sri Lanka is the ONLY Government body established for the full control of IP related matters including Registration and Administration of IP rights in the country.

Classifications of Intellectual Property Rights

According to the Act, IP can be classified under several headings. Such as, Copy right and related rights, Industrial Designs, Patents, Marks & Trade Marks, Collective marks, Certification Marks, Trade Names and Layout Designs of Integrated Circuits.

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