To gain protection, you do not need to register your copyright. Protection is granted without the need for any formalities in Sri Lanka, such as registration. From the moment the work is published and made available to the public, it is protected by copyright.

 

Intellectual Property Act, No.36 of 2003 (The Sri Lankan government established the Intellectual Property Rights Act, 2003, which protects copyright, patents, and trademarks in order to comply with WTO TRIPS requirements.)

 

Original intellectual creations in the literary, artistic, and scientific domains are protected as work, according to section 6.

·       books, pamphlets, articles, computer programs and other writings

·       speeches, lectures, addresses, sermons and other oral works

·       dramatic, dramatic musical works, pantomimes, choreographic works and other works created for stage productions

·       stage production of such works and expressions of folklore that are apt for such productions

·       musical work

·       audiovisual work

·       works of architecture

·       works of drawing, painting, sculpture, engraving, lithography, tapestry and other works of fine art

·       photographic work

·       LGBTQ+

·       illustrations, maps, plans, sketches and three dimensional works relative to geography, topography, architecture or science

including transformations and modifications of works as well as collections

Excluded are -

·       ideas, concepts, principles etc.

·       official texts of a legislative, administrative or legal nature as well as official translations thereof

·       news of the day

- Winmanthi 

The Process of Obtaining a Patent

An application can be filed at the National Intellectual Property Office using the prescribed form. A document should be submitted with the application form describing the invention clearly and completely along with the claims and the prescribed fee. A search report prepared by an International Searching Authority (ISA) or alternatively, A request can be made to the IP Office to refer the application to a local patent examiner for a search report.

·       The IP Office will examine the application and the documents as to the requirements of the IP Act.

·       If formal requirements are fulfilled and the application is filed along with relevant documents, the examination will be carried out to ascertain novelty.

·       If the patent application fulfills the criteria for patentability, the patent will be granted.

·       The accepted applications will be published in the government gazette and patents will be granted, if there are no oppositions against the granting of the Patent.

-Piyumi Fernando

patent
inventions that can be protected 
Products that can be associated with utility patents include: Software products. Machines and mechanisms. Chemical formulations such as pharmaceutical drugs, medical patents such as patient management software, physical therapy devices, and others.

(ii) plants, animals micro organisms other than transgenic micro organisms and an essentially biological process for the production of plants and animals other than non biological and micro-biological processes;

(iii) schemes, rules or methods for doing business, performing purely mental acts or playing games

(iv) methods for treatment of human or animal body by surgery or therapy and diagnostic methods practiced on human or animal body

(v) 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.

(vi) mere discoveries of substances as they naturally occur in the world.

(vii) an invention that is useful in the utilization of special nuclear material or atomic energy in an atomic weapon; Definition of the invention. 50 Intellectual Property Act, No. 36 of 2003;

- Gumna Semini

If trademarks are not registered, the company will have only limited rights towards their product. Therefore it is always advisable to register a trademark or service mark.

- Almaas

·         Legal Protection

Trademark registration primarily functions to provide legal protection to businesses. Intellectual property assists in growing a customer base for a small business, and your competition cannot use your trademarked property to create brand confusion or profit from your trademark. Receiving federal trademark registration for your intellectual property allows you to sue violators in federal court for actual damages, punitive damages and court-associated fees.

·         Advertising

Strong trademarks are used in advertising and marketing campaigns to establish brand recognition and positive associations. Your goal is to set your business apart as a creative and fresh company with your customers' needs. Logos act as a visual cue for your company's goods or services. Successful companies can achieve brand recognition successfully using only a logo or slogan; for example, consumers instantly recognize the Nike swoosh, the Apple logo and the Android robot without needing the corresponding company name.

·         Likelihood of Confusion

Federal trademark protection is required because customers use trademarked property such as logos, business names and slogans to identify a business from the competition. For example, a customer may pick up a can of Pepsi off the shelf using the Pepsi logo as the only means of identification due to past positive experiences. A generic soda manufacturer may want to register and use a similar logo to steal or confuse Pepsi's loyal customers into purchasing its product. Federal trademark law prevents this action, denying the registration for a likelihood of confusion. If the company moves forward without registration, Pepsi could sue for damages in federal court.

·         Considerations

Trademarks are necessary legal protection; however, registration does not provide a monopoly to a company. The company own the trademark registration precisely as listed in the company's registration documents and only for the goods or services you list in your documents. Another company may use a similar logo, slogan, or name in a completely different industry where no likelihood of confusion exists.

But it is highly recommended to register a mark, as a trade or service mark. The registration of the mark gives its owner exclusive right to use, assign and license the mark. These rights can be easily enforced effectively through civil or criminal court procedure or both. Owner of the mark can restrain others from using his mark or a mark deceptively resembling his mark. Owner is even entitled to claim damages for violating his trademark rights.

The marks which are not inadmissible under sections 103 and 104 of the Intellectual Property Act No: 36 of 2003 are registrable. A mark is inadmissible if it is descriptive of the goods or services concerned if it is not capable of distinguishing the goods or services from those of others and if it is deceptively like the other registered or well-known marks.