Continuous Assessment Cover Sheet

Faculty of Engineering

Module Details
Module Code EC4901 Module Title Legal Framework and Sustainability in Electrical
Engineering
Program: Bsc.(Hons) Electrical &Electronic Name: Perera W.L.U. EN19161020
Engineering
Stream: (Civil/Electronics/Mechanical) Electronics

Assessment details

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GT/February 2014
 Legal Framework and Sustainability

Introduction to Intellectual Properties and Intellectual Property Law

Intellectual Property includes all the rights resulting from intellectual activity in the Industrial,
Scientific, Literary or Artistic Fields. Intellectual Properties are known as the property created by
the human mind, creative and unique items that an individual can come up in the day to day life.
Intellectual property can be divided into two main types as movable and immovable. Movable
properties are as of vehicles, items such as laptops, watches that belong to a person. Whereas the
immovable properties are fixed properties that a person can own such as land, apartments etc.
Movable properties can be further divided into Tangible and Intangible. Where the tangible
properties are the properties that can be touched such as vehicles etc. and intangible properties
are that cannot be touched but exists within a person such as reputation.

The Intellectual Properties can be further divided under the category of rights. They are
copyrights and related rights and industrial properties, Copyrights and Related Rights are for
artistic and literary properties and the Industrial Property Rights are for mainly scientific
properties. Further, there are three main principle characteristics of Intellectual Properties and
they are Intangible Property Rights, Territorial and Exclusivity. Intangible Properties have
unique features which differ from other properties, whereas the territorial as in nature since
granted under the National Legislation and Exclusivity for excluding others, the owners have
exclusivity since standing as a unique creature for each individual.

Intellectual Property Law is the law that governs the affairs of any intellectual property. This
varies from country to country. Sri Lanka consists of sets of laws to govern the affairs of
Intellectual Properties. These laws connect with the intellectual property rights that belong to the
areas such as novels, poems and plays. The law of Intellectual Properties in Sri Lanka was
renewed back in 2003 as of Act No:36 of 2003 to further provide an efficient procedure for
registration, control and administration than the Intellectual Property law in years 1904, 1908
and 1979. New Legal provisions are included in the act as to promote national creativity, to
protect the creative efforts, to attract more investment, to protect consumer interest etc. in 2003
Act No:36. The main parameters discussed in the Intellectual Property Law Act No:36 of 2003
are Administration, Protected Intellectual Property Rights, Acquisition of Intellectual Property
Rights, Management of Intellectual Property Rights and Enforcement of Intellectual Property
rights.
Context

Mode of Acquisition

There are two modes of acquisition of Intellectual Property Rights. They are by registration and
without formality. The registration is done to gain the exclusive owner of something that is been
invented or created which is beneficial to the society and people in the country. Further, if it is a
unique idea which is useful to the country. Industries involve in the registration are mostly
scientific. And a patent can be granted if applied in order to get beneficial by the useful creation
of the individual to the society. By the patent, maximum benefit to the creator can be gained
within the given period. Additionally, Trademarks, Trade Names and Service Names can be
obtained such as Nike, Adidas, Maliban and Munchee which are unique to the product which
benefits the society as a whole. Without Formality fact, is where the person can hold his/her own
copyrights or related copyrights of the unique product which belongs to the person. As examples
songs written by a person, recordings of sound, broadcasts, poems etc. which the idea was
initiated by the person would get the copyright and the others who supported, involved or used
them in their work would obtain the related copyrights.

Time Period of Protection

The time period of protection of two modes of acquisition varies from one another. The first
type is by registration and the time period of protection would be up to a twenty year if a patent
has been obtained. Additionally, for a trade mark, a ten year period, for a trade name a ten year
period can be guaranteed in Sri Lanka. The renewal fee shall be paid within twelve months
preceding the expiration date. Second type can be described as without formality which relates to
performance of artists, musicians, song writers and authors who can obtain the copy right
without requesting for formal acquisition. These copyrights would last until the person’s death
and thereafter a family member or a close relation of the person will gain it. These are intangible
assets and therefore the right of using, making, selling, distributing, importing, copying or
otherwise exploiting that asset is completely belong to the owner. The owner can perform these
within the valid period mentioned.
Protected Rights

The protected rights of Intellectual Property can be mentioned as copyrights, industrial designs,
patents, marks, layout designs of integrated circuits, Trade Names, rules against the acts of unfair
competition, undisclosed information and geographical indications. Copyrights are the rights
owned by the person who had the idea and started the design such as songs, poems, novels,
recordings etc. And related rights are the rights which will receive by other parties using the
owner’s design. And that is less compared to the owner such as putting music to the lyrics which
are already there. Drawing pictures for the book covers, Trade Names such as P & S are unique
by their symbol and color, books such as Jaanaki Sooriyarachchi, layout designs such as
designing switch circuits in telecommunication, the acts of unfair competitions such as
businesses alike against deceptive business practices, trade defamation, misappropriation of
business secrets comes when a person or an organization tries to steal or make the trade mark
similar to the existing mark in order to mislead customers and to get benefits.

These can be expressed through examples as painting fake branded shoes and items, selling food
with fake trademarks etc. For undisclosed information such as trying to obtain secret recipes
belong to an organization and altering them to get new products and sell, obtaining techniques of
processes by other organizations to make similar products etc. Geographical indications such as
the products related to specific area examples as Ruhuna and Thissamaharamaya Meekiri can be
protected by the rights by enhancing the reputation of their goods, building customer confidence.
Additionally, for protected rights, the right of using, making, selling, distributing, importing,
coping or otherwise exploiting that asset belongs to the owners’ rights.

Conclusion

By the Intellectual Property Act No:36 of 2003, the rights related to the fields of Industrial,
Scientific, Literary and Artistic fields are discussed and the efficient procedures for registration,
control and administration are given. Additionally, the parameters such as Modes of
Acquisitions, Time Period of Protection and Protected Rights are discussed to protect the
creative efforts, to attract more investments and to protect the uniqueness of products with
consumer interests, to enhance possibilities of integration of the national economy into the
knowledge driven global scenario are taken into consideration. These Intellectual rights should
be protected and promoted since human creativity is the foundation for civilization, protection of
creativity further enhances to develop creative ideas within an individual, creation of new
industries, industry revolutions, new point of views and technology can be further enhanced and
increment of the employment of life can be gained as advantages of preserving the intellectual
property law. For promotion, it can be introduced as a social and cultural development strategy.
Finally, the intellectual property system attempts to achieve a balance between the rights of the
creators and the interest of the society as a whole.