In today’s digital economy, computer and software programs are invaluable assets that require robust intellectual property (IP) protection. Businesses are increasingly adopting complementary IP strategies to safeguard these creations. This article, written by Anomi Wanigasekera, Partner, and Sabeera Shariff, Senior Associate at Julius & Creasy, explores the avenues for protecting computer and software programs in Sri Lanka under the Intellectual Property Act No. 36 of 2003 (IP Act).
In Sri Lanka, computer programs are protected as literary, artistic, or scientific works under the IP Act, aligning with international standards such as the Berne Convention. While there is no requirement to register copyright in Sri Lanka, it provides protection during the author’s lifetime and for 70 years after their death. However, copyright does not protect against independent creations, focusing instead on the expression rather than the algorithm.
Patent protection offers stronger safeguards for software programs by protecting their functionalities. Although business methods are excluded from patent protection in Sri Lanka, computer programs may be patentable if they meet the criteria of novelty, inventive step, and industrial applicability. The potential to secure a 20-year monopoly makes patent protection an attractive option, although its applicability to software programs remains open to interpretation under Sri Lankan law.
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Beyond copyright and patents, businesses can explore additional IP tools such as industrial designs to protect graphical user interfaces, trade secrets for proprietary information, and trademarks for branding. The evolving tech landscape in Sri Lanka underscores the importance of utilizing these tools to protect and capitalize on software developments. Anomi Wanigasekera and Sabeera Shariff
Conclusion
As the high-tech business world increasingly relies on software, exploring various IP protection strategies in Sri Lanka is crucial. By leveraging copyright, patents, and other IP tools, businesses can effectively safeguard their software programs and maintain a competitive edge in the market.
Please read the full article by Anomi Wanigasekera and Sabeera Shariff in Our Latest Edition of The Global IP Matix Magazine
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