Intellectual property related functions

1. Administration of intellectual property including the activities relating to registration

and post registration of marks, patents, industrial designs, layout designs of integrated
circuits and collective societies
2. Collection and dissemination of Intellectual property information.
3. Promotion of awareness in the subject of intellectual property.
4. Promoting the use of intellectual property system and the development process
5. Fulfillment of international and local obligations of company to intellectual

7.1 Intellectual Property

Intellectual Property means the rights resulting from the creations of the human mind. It
generally embraces the rights relating to literary and artistic works such as novels, poems and
plays, films, musical works, computer programs, databases, drawings, paintings, photographs
and sculptures, and architectural designs, performances of performing artists, sound
recordings and broadcast, inventions, industrial designs, trademarks, service marks,
commercial names and designations, protection against unfair competition and all other
rights resulting from intellectual activity in the industrial, scientific, literary and artistic fields
such as lay-out designs of integrated circuits, new varieties of plants, Geographical Indications
and undisclosed information including trade secrets.
The Intellectual Property representation is one of the most heavily negotiated
representations in a company, as evidenced by its variability. In the case of re-production,
covering intellectual property required to operate a business, the intellectual property
representation will typically represent that the party.
The last several years, more and more companies in the Sri Lanka have been looking at ways
of transferring the risks inherent in corporate mergers, acquisitions and divestitures.
Correspondingly, insurance products for those risks have developed to meet that demand.
It owns or has valid licenses to all its intellectual property and already taken adequate steps
to protect its intellectual property. There must be sufficient intellectual property necessary
to conduct its business and if it is not conducting its business in a manner that infringes the
intellectual property of others it leads to a legal matter later on ages. Because no one can use
the representing part of intellectual property rights. However, in the case of longer clauses
the range of clause elements and language is highly inconsistent.

7.1.1 Categories of Intellectual Property Claimed:

Proprietary Intellectual Property

Registered Intellectual Property
Commercial Intellectual Property (Out-Bound Licenses)
 Proprietary Operational Intellectual Property (developed and customized Intellectual
Property)
Conceptual Intellectual Property
Licensed Intellectual Property
Operational Intellectual Property (In-Bound Licenses)
Proposed Representations
Disclosure
Ownership
Commercial Intellectual Property and Out-bound Licenses
Operational Intellectual Property and In-Bound Licenses
Data Protection and Compliance
Utilizes technology as a critical part of its business operations requiring customized
technology systems because it required requiring representations regarding disclosure,
ownership, and licensing of Proprietary and Licensed intellectual property , or utilizes
technology as an operational part of the business managed mainly by commercially available
software requiring the standard representation, and others as necessary.

7.2 Roles and Responsibilities Governance by Intellectual Property

The primary responsibility of the Intellectual Property is general counsel, attorneys and
related support services. The Intellectual Property provides necessary guide to the intellectual
property unit of an organization.
A typical description for the Intellectual Property r role may include,
Provides legal guidance to the intellectual property unit of an organization and
maintains a portfolio of current patents and to proceed for new patents.
Oversees research on developments in Intellectual Property and patent law and
provides support in preparation and filing of patents.
Familiar with a variety of the field's new concepts, practices, and procedures.
Relies on experience and judgment to plan and accomplish goals.
Performs a variety of tasks.
Lead and direct the work of others.
A degree of creativity and latitude is expected.
Typically reports to board of directors.
 7.3 Steps in Company Registration

Step 01

Find the detail about the organization that is concerned with this is Department of the
Registrar of Companies (ROC).

Registrar General of Companies

Department of the Registrar of Companies
Samagam Medura
400, D. R. Wijewardena Mawatha
Colombo 10
Sri Lanka.
94-11-2689208, 2689209
94-11-2689211
registar@drc.gov.lk
www.drc.gov.lk

Step 02

Obtaining approval for registering a Name Any organization registered under the Company
Act No. 07 of 2007should get a business name reservation.

Search the database of the registered companies through information portal of ROC or search
annually the books kept on the information counter of ROC to check whether the same name
or similar names have been registered.

Step 03

Fill the Name search form through information portal or manually using the form collected
from the information counter of the ROC after verifying that the same name is not recorded
in the business names registry. If the name includes initials, please indicate what those initials
stand for.

Step 04

The form is examined at the public information counter (if you hand over the form). More
information may be requested depending on the manner in which the forms have been filled.
This may be done by e-mail if portal is used. Send a Name search application using portal
paying correct amount of fee.

Step 05

The Name verification document is sent to the database administrator who will run a search
for similar names which he will list and submit to the Registrar General of Companies. The
Registrar General of Companies (or his Officers) has the sole discretion to approve the name
or delegate authority to approve the same. He may approve the name OR request more
information OR may suggest a change to the proposed name. If the name is approved, the
Approval Number can be collected over the information counter of ROC or if sent through the
portal will be e-mailed the following day.

Fill Form Nos. 1, 18 and 19 together with two copies of Articles of Association prepared (on
A4 paper). All forms should be printed or typewritten. (Hand written forms will not be
accepted.)

Form 1 REGISTRATION OF A COMPANY

Form 18 CONSENT AND CERTIFICATE OF DIRECTOR

(Should be filled by each Director)

Form 19 CONSENT AND CERTIFICATE OF SECRETARY /

SECRETARIES
Note:
Articles of the Association
May be prepared, according to the First Schedule (Model Article) in the Companies Act No. 7
of 2007. Articles of association set out in the First Schedule applies in respect of any
company other than a company limited by guarantee, except to the extent that the
company adopts articles which exclude, modify or are inconsistent with the model articles.
The articles of a private company shall include provisions which
(a) Prohibit the company from offering shares or other securities issued by the company
to the public; and
(b) Limit the number of its shareholders to fifty, not including shareholders who are,
(i) Employees of the company; or
(ii) Former employees of the company who became

7.4 Company Trade Mark Registration

Trademark or service mark- is a visible sign that is capable of distinguishing the goods or
services of different enterprises. A trademark relates to goods whereas a service mark
relates to services. In addition, there are two more kind of marks certification marks and
collective marks. A certification mark is a mark which meets a defined standard of the goods
or services as certified by the owner of the mark who licenses others to use it. A collective
mark is a mark serving to distinguish the origin or any other common characteristic of goods
or services of different enterprises which use the Mark under the control of the registered
owner.

A mark may consists of a word, a symbol, a device, letters, numerals, a name, surname or
geographical name, a combination or arrangement of colors and shapes of goods or
containers etc. The visible sign must always be capable of distinguishing the goods or
services of different enterprises.
It has several functions such as:

(a) Distinguishes the goods or services of its owner from those of others.

(b) indicates the source of the goods or services.

(c) Individualizes the goods or services of the owner.

(d) Enables the owner to reach the customers.

(e) Helps the consumers to make the choice in the market etc.

A registered mark is a mark registered under the law and with National Intellectual Property
office. You can use a mark even without registration. Unregistered marks can be protected
under the unfair competition law or common law action for passing off.

The marks which are not inadmissible under sections 103 and 104 of the Intellectual
Property Act No: 36 of 2003 can be registered. A mark is inadmissible if it is, for example,
descriptive of the goods or

services concerned, if it is not capable of distinguishing your goods or services from those of
others and if it is deceptively similar to the other registered or well-known marks.

It is highly recommended that you register your mark. The registration of the make gives its
owner exclusive right to use it, assign it and license it. You can enforce these rights easily
and effectively through court- civil or criminal or both. You can retrain others from using
your mark or a mark deceptively resembling your mark. You are even entitled to claim
damages.

The registration is valid for a period of 10 years from the date of application and is
renewable on the payment of the fee for further periods of 10 years

7.4.1 Steps in Registration

Make the application using the Form M1. The processing of the application involves a number
of work steps. The mark is examined to see whether it complies with formal requirements
and whether it is not inadmissible under sections 103 and 104 of the Act. If the IP Office
refuses it you can make submissions against the decision and ask for a hearing within one
month from the refusal. If it is still refused, you can challenge the decision in Court.
The mark is first accepted for the publication in the Gazette. A period of 3 months is given to
the public for opposition after the publication. If there is any opposition, the IP Office will
send you a copy of it. You are required to forward your observations of the grounds of
opposition. The IP Office will conduct an inquiry into the opposition with the participation of
you and the opponent. After on the inquiry, your mark may be accepted or refused. If it is
refused you can challenge the decision in Court. If it is accepted the registration will be
affected upon the payment of the registration fee. (Refer to Part V of the Act and regulations
made under that Act.)
7.5 Intellectual Property Ordinance in Sri Lanka
The current Intellectual Property system in Sir Lanka is governed by the Intellectual Property
Act No 36 of 2003 which makes provisions for a variety of Intellectual Property rights and their
acquisition, management and enforcement. The National Intellectual Property Office of Sri
Lanka established under this law is the government department, which is responsible for the
administration of the intellectual Property System in Sri Lanka.

Regulations made under the Intellectual Property Act have been published in Gazette
Numbers; 1415/18 of 10th October 2005 (Sinhalese, Tamil, English), 1445/10 17th May 2006
(Sinhalese, Tamil, English) and 1527/18 13th December 2007 (Sinhalese)
7.6 SWOT Analysis for Intellectual Property Management
7.6.1 SWOT analysis with strategic actions

STRENGTHS STRATEGIC ACTION

Company has established a good reputation Contact with good reputed organization
with good directors involvement. and people.

Innovative design Encourage inventers to contribute

innovation.

Multi purpose and versatile Keep versatility

Patentable concept and design good company reputation can be used to

get contract with patents

Standard design to fit nearly all existing Invoke trust and willingness to accept to
Mechanical applications. our products.

Easy operation and user friendly Keep marketing and educating

customers

Convenient and Durable Differentiate the product as a special in

all and compare

Easy to carry around. Portability is further Plan about modification to reduce

optimized weight

Saves money as it is multi-purpose Product comparatively and strategically

Advertise along financially

Improves efficiency Studying the Customers feedbacks

Saves times and Easy to store Educate and marketing

Attractive price for a single product Educate and marketing

The product addressing problem is common for

majority Educate and marketing
WEAKNESSES STRATEGIC ACTION

Total new product for the market.
People are not yet familiar about the company.
Approach current supplier for special
prices.
Look for alternative raw material
suppliers
Advertised the product based on its
strengths to assure customers that the
product is a worthy investment at its
current price as the material has other
numerous advantages to its name.

Traditional cob web cleaner become Extend attractive marketing campaign.

competitors

Marketing is not enough. Extend attractive marketing campaign.

Every electronic component has a Finite Used only good quality, reliable
lifetime. electronic component and always test
outsourced components. Provide one
additional battery with the spanner to
replace the first one when it dies and
increase lifespan to a minimum of 2
years.
Consider using a higher power battery
and compare.

Storage and endurance time assurance Research ways to minimize weight and
difficulty. life time to turn this in to strength.

High initial investment The ensure productivity and efficiency,

have training seasons for employees and
hire supervisors who are adept at
managing such Operations.
Consider automating the assembly line.
High rental coasts
Competitors traditional products are cheep
THREATS
Competitors can produce with similar features.
Change is customer needs before the product Act according to market research and plan
lifecycle changes for new product.
Product refuses by the customer due to competitors Educate and marketing
and more automation
Usable time interval is high
OPPORTUNITIES
More sophisticated for large pleases like school,
hotels and hospitals.
Reusable parts can sell and earn money.
Production can be increase
High expected count of local and international
customers
Ability to export to any country
Raw materials supplies and cost analysis
Product branding and advertising must
be done on a scale big enough to ensure
the market become familiar with the
brand and associates it with quality and
reliability.
STRATEGIC ACTION
Fulfill the market and launch of new product
at the correct time
Plan multi duty like replace head and
change to a mob
STRATEGIC ACTION
Marketing programs in such a places
Approach bank for loans and invest on
spare part, increase sale.
Carry out mass production accordingly.
Adopting the right marketing methods to
specifically target this division
concentrating on the versatility.
Researching other multi-purpose ideas.
Heavily advertise on an individual and
industry level.
Focus thoroughly on product branding and
start putting up the trademark everywhere
so it becomes it own identity.
 Ability to change the design if it is not marketable
No similar alternative products in the market.
Increasing the number of electrical devises
More customers influence by female.
Exploit that portion of the market that
wants to be different from the rest by
taking the product to their door-step.
Research new add-ons and aesthetic
considerations so that when the product
reaches
Its maturity stage and improved design can
be offered to the market before
competitors can.
Being in the thick of a high- visibility zone
presents the opportunity to attract
customers and traders so campaigns can
be conducted right outside the company.
Company contacts can be approached for
investments. Extend attractive marketing
campaign.

7.7 Appendixes Relate for Intellectual Property Management

Following attachments are lined up at Appendix 4

1. form 01-registration of a company

2. Consent and certificate of engineering and manufacturing director
3. Consent and certificate of intellectual property director
4. Consent and certificate of finance director
5. Consent and certificate of marketing director
6. Consent and certificate of secretaries
7. Copy of industrial design application for registration
8. Copy of payment for design publication