Role of IP in facilitating the transfer of technology

IP: Is a set of rights resulting from human creative efforts which covers areas such as literary and artistic works, inventions, industrial designs, marks, geographical indications, new plant varieties and undisclosed information. Current Law in Sri Lanka: IP Act No: 36 of 2003

IP Ensures due acquisition of rights and management, protection and enforcement of the acquired rights.

Technology Can be either protected or non-protected. Patents is the primary mechanism for protection. Undisclosed information can be used but no remedy if independently identified.

Patent : Invention – a practical solution to a problem in technology (product or process) Invention: patentable if new, industrially applicable and involves an inventive step Rights : use, assign, license Period : 20 years from application

Rights (Exclusive) - to use, assign and license - third parties prohibited, without authorization from exploiting - infringement results in civil remedies/criminal liability

Non-protected Technology - Non-patented or patented but period of protection has lapsed - Can flow freely ……………….!

Protected Technology (patented) Belongs to the patentee/ owner of the patent Those who want to use must acquire right through due process

Transfer Assignment Licence

IP : helps promote creations, acquire rights and management, enforcement & dissemination of technology

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