1. Introduction to Intellectual
Property for SLIM PGDip
Maxwell Ranasinghe

2. • Intellectual property is an intangible property
• It has its unique features
• It is created by human intellect
• It cover ideas, inventions, literary creations,
unique names, models, logos, industrial
processes, computer software programs etc.
• It can have a monetary value
• It can be owned, transferred, sold or licensed
to another person to use
• It is governed in SL by Intellectual Property
Act No 36 of 2003

3.  IPA covers three main important areas
as to intellectual property
◦ Patent Rights
◦ Copy Rights
◦ Trade and Service Marks
◦ We will briefly identify Patent Rights and
Copy Rights but will discuss little detail on
Trade Marks and Service Marks as it is
directly involves with branding a major
component of Marketing.

4. • Patent Rights
• Patent rights are given for products or
processes of technological nature
• A technological invention is patentable if it is
–
-new or
- involves and inventive step and
- is industrially applicable
e.g.. New machine to pluck tea leaves,
coconuts, new engine developed to run on
waste oil, new drug to cure aids, new process
to improve extraction of cinnamon oil, new
process of eliminating mosquitoes

5. • Rational underlying patents
–To encourage inventors to publicize their
inventions upon a guarantee that
inventors are given an exclusive right to
use it for a specific period.
–A social contract where state grants a
monopoly for the inventor to profit from his
or her invention in return for making the
product available for general use and for
enabling further research and
development

6.  Validity of patents
◦ A patent is valid for 20 years after the
filing date of application at the Patents
Office
◦ After two years from the date of grant, it
must be renewed each year until the
expiration of the term of patent

7.  Rights of the owner of patents
◦ Exclusive right to
Exploit the patented inventions
Assign the patent to another one
License the patent to another one to
use
( Law relating to Patents is extensive
and one has to a study it in detail to get
a good knowledge about it)

8. Copy Rights
 The Law governing copyrights are
now included in the Intellectual
Property Act
 Works of authors of Sri Lanka, works
first published in Sri Lanka and all
works (even foreign) which by virtue of
treaties entered into by SL are to be
protected.
 Even SL folklore are protected under
the Act

9.  Duration of copy rights
◦ Economic rights
 Author’s lifetime plus 50 years after his death
 Joint work - during the life time of the
surviving author plus 50 years after his or her
death
 Work published anonymous or pseudonym
50 years from the date of publication
 Cinema, radio, TV 50 years from the date of
broadcasting or public presentation
 Photographic works – 25 years

10. ◦ Moral rights
 Moral rights can be exercised by
author and by heirs after the
authors death for 50 years
 Moral rights can be exercised even
if the author or heirs do not have
economic rights ( E.g.. Even after
transferring of economic rights)

11.  Enforcement of copyrights
◦ An injunction could be obtained from court
( Commercial High Court) for prohibiting
the infringement and also can claim
damages
◦ Infringement of copyright is a crime
punishable by a Magistrate
◦ ( Law relating to copy rights are extensive
and one has to study in detail to have a
good knowledge)

12. • Trade Marks and Service
Marks
These are governed by Intellectual Property Act
Definitions of Trade Marks and Service Marks
A trademark is any visible sign serving to
distinguish the goods of one enterprise from
those of others enterprises.

13. A service Mark is any visible sign to
distinguish the services of one
enterprise from those other
enterprises
Trade marks are attached to products
and Service marks are attached to
services.
Other than that there is no practical
difference in both. Same principles of
Law are applicable for both.

14. • Functions of a trade mark
– It serves to distinguish goods or services of
different enterprises .
– It indicates the source and quality of the
goods and services to the consumer
– It enables the owners to individualize the
mark and promote the product to consumers
– It allows the owner to improve the quality of
the product bearing the mark to have an
advantage over the competitive products.
– Marks significantly assists consumer to make
their choices

15. • Exclusive right to a mark
• Upon proper registration one will get an
exclusive right to use the mark
• The law does not make registration
compulsory
• Even a non registered mark may seek
legal redress under other laws such as
unfair competition. Under Common law
“Passing off”( pretence of one person
that his goods are those of another).
• But it is always better to be registered
under IPA to get better protection and
rights

16. • What constitutes a mark { sec 102(3)}
• Any visible sign capable of distinguishing goods
or services of different enterprise can generally
constitute a lawful mark. A mark may consists of
– Arbitrary or fanciful designations
– Names
– Geographical names
– Slogans
– Devices
– Letters
– Numbers
– Labels
– Combination or arrangements of colours and shapes
of goods or containers etc.

19. • Admissibility of a mark
• A mark is admissible if it is not
inadmissible under section 103 and
104
–103 under objective grounds
• Shapes and forms imposed by inherent nature
e.g.. Head as the trade mark for a cap
•
• Sec 103 (1) b

20. • Generic signs or indications
– If a mark resembles a sign that has become in the
current language or established trade in SL , a
customary designation of the good. Then it cannot be
given as an exclusive trade mark.
– E.g.. All soft drinks sold by roadside venders on
pavement are generally called “Saruwath”. One may
not be able to register “Saruwath” as his or her trade
mark under this provision, as it is the customary
designation of the goods.
– Word does not become non descriptive by being
misspelt. E.g.. Electrix for electical apparatus
– However, descriptive word with other elements
association of the product may be given . E.g..
Mobitel , Celltel, Dialog etc.

21.  Marks incapable of distinguishing
goods or services
A mark should always have a
distinctive character. If not it cannot
serve as a mode of distinguishing the
goods or services of different
enterprises. E.g.. Invented word will
create a distinctive character.

22.  Immoral, scandalous and antisocial
marks
◦ Scandalous design
◦ -contrary to morality
◦ Offend racial or religious susceptibilities
◦ e.g.. Ghandi Samba, a cross or a
Buddha’s image, a sign or image
considered by the general society as
vulgar may not be registered as of this
provision.
◦ Fcuk him Fcuk her ( brand name of

24.  Misleading marks
◦ Mark will not be registered if it is likely to
mislead the public or the trade as to the
 Nature
 Source
 Manufacturing process
 Characteristics
 Suitability for the purpose of goods/services
concerned

25. • Names of individuals and enterprises
names can be registered subject to
certain rules but it should be of actual
persons living or an existing
organisation. ( a mark which doe not
represent in a special or particular
manner the name of an individual or
enterprise shall not be registered. )
•

26. • Geographical names and surnames
Generally( according to its ordinary
significance =normal understanding) a
geographical name or surname is not
allowed to be registered as a trade mark.
However, if it can be proved that name or
place is of significance for the trade
name to distinguish the product it should
be possible to register.
• E.g.. Wickremarachchi Ayurveda Drugs
• Jinadasage Talaguli

27. • If a name to be registered as a trade mark it
should be special and particular manner
where it could serve as a mark of
distinction. Therefore, simply printed, type
written or written in ordinary hand may not
be treated as special or particular manner.
Surnames alone cannot be registered
generally, therefore, name here denotes the
whole name or at least two names together.
• E.g.. Maxwell Ranasinghe

28.  Admissibility of Mark under section
104
This section deals with marks inadmissible
due to 3rd party rights
1. A Mark which is likely to misleading
resemblance to other lawfully filed or
registered marks ( sec 104 (1))
◦ ( likely – not necessarily involve an
intention to deceive. Merely causing
confusion would be sufficient)

29. • 2. A mark which resembles in a such
a way that is likely to mislead the
public of an unregistered mark used in
SL by 3rd party in the past and the
applicant could not be aware of it.
• Duration of registered mark
• Registration is valid for 10 years. On
the expiration of the period, it could be
renewed for further periods of 10
years

30. Registration
 Trade marks, Patents, Industrial designs
(other than copy rights) have to be
registered as per the IPA
 Once the application is filed, the trade Mark
, Patent or Industrial Design will be
gazetted. Objections can be made within 3
months to Director General Intellectual
Property
 If no objections are made it will be
registered.
 If objections are not made but found later by
the original owner still he can go to court for

31. Read Chapter XXXII on Unfair
competition
 160 (1) (a) IPA
 Any act or practice carried or
engaged
in, in the course of industrial or
commercial activities, that is
contrary to honest practice shall
constitute an act of unfair trade

32.  Any act or practice carried or engaged
in, in the course of industrial or
commercial activities, that causes, or
is likely to cause, confusion with
respect to another’s enterprise or its
activities, in particular, the products or
services offered by such enterprise,
shall constitute an act of unfair
competition.
( there are 9 subsections under this Sec 160 as to unfair competition
and undisclosed information and u requested read the know more
about it)