The Substantial Requisite of Stabilizing Rights for Academic Works; Intellectual Property Law Reflections

Abstract

Intellectual Property (IP) rights are recognized as a regime which had been established by law to safeguard the creativity of mankind, in the atmosphere of fast moving global economy. In the present context, all most all the IP rights holders are not hesitated to stand over their rights, in a case of infringement or in a situation of imminent infringement. Academia is a very significant, respected group in an every society, who contribute to the enrichment of the knowledge and philosophy in their respective discipline. The problem of this study is focused on whether there is any level of different treatment available for the academia in enjoying copyrights, comparing to the other copyrights holders, since the most frequently their studies been funded by the state institutions. Objective of this study is to, clarify the legal possibilities, measures available for the academia in order to obtain equal enjoyment of their rights comparing to other copy right holder categories. The study is largely based on qualitative approach which analyzes the contemporary legislations and relevant documentary sources in the area. The study reveals that, some provisions of the prevailing legislation, Intellectual Property Act No. 36 of 2003 and the Articles of the Constitution of Democratic Socialist Republic of Sri Lanka have indicated some of the substantial and/or technical barriers in enjoying copy rights, since they are remunerated and facilitated by the state entities to explore new knowledge. Further, the study recommends and highlights the necessity of introducing and adopting European equitable judicial approaches coupled with international standards, to minimize the exiting debate on theoretical imbalance of enjoying copyrights, in order to celebrate the creativity and compassion of this special group of intellectuals.