INFORMATION AND

COMMUNICATION TECHNOLOGY
LAW BY

Aparrajitha Ariyadasa
( LLM in IP Law, IT Law & ICA, Post.Att.dip.in IP Law, B.Sc (OUSL),
B.Sc (Jpura))
Attorney-at-Law, Notary Public, Company Secretary, Patent and Trade Mark
Agent

LECTURE -01

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INTRODUCTION
Inventions
Globalization
International Treaties
WTO, TRIPS, WIPO

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IMPORTENCE OF LEARNING THE
LAW RELATED TO ICT LAW FOR A
SOFTWARE ENGINEER
1. Getting Knowledge about the Illegal acts
2. Protect yourself from the danger of becoming a
victim from offences
3. Understand your rights

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 OVERVIEW OF THE LEGISLATIVE ENACTMENTS
RELEVANT TO THE FIELD OF ICT IN SRI LANKA

Bernwell Vs. Republic of Sri Lanka

is the first judgment which changed the Sri Lankan
law.

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ACTS IN RELATION TO ICT
The Evidence Special Provisions Act No.14 of 1995
The Information and Communication Technology Act
no.27 of 2003
Payment and Settlement Systems Act No.28 of 2005
Payment Devices and Frauds Act No.30 of 2006
The electronic Transaction Act No.19 of 2006
Computer Crimes Act No.24 of 2007
Telecommunications Act no.25 of 1991
Telecommunication Regulations Act No.27 of 1996
Interconnection Rules 2003 (On international Traffic by
pass Control Rules of 2003)
Intellectual Property Act No.35 of 2003
Contract Law
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EVIDENCE SPECIAL PROVISIONS
ACT NO.14 OF 1995
PREAMBLE
to provide an admissibility of audiovisual
recordings and of information contained in
statements produced by computers in civil
and criminal proceedings and to provide for
matters connected therewith or incidental
thereto

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THE INFORMATION AND COMMUNICATION
TECHNOLOGY ACT NO.27 OF 2003

To provide provisions for the establishment of the

national committee on ICT in Sri Lanka and to provide for
the setting out of national policy on ICT and for the
preparation an action plan, the appointment of task force
for ICT, the establishment of the ICTA of Sri Lanka
charged with the implementation of the national policy in
both the public and private sectors and for the matters
connected therewith or incidental thereto therefore
information Communication Technology Agency

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PAYMENT AND SETTLEMENT
SYSTEMS ACT NO.28 OF 2005
Facilitate the electronic presentment of of
cheques
Electronic presentment of cheques is the
electronic transmission by a banker of an
image and payment information of the
cheque to the banker to whom it is drawn.

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PAYMENT DEVICES AND FRAUD
ACT NO.30 OF 2006
Fraudulent transactions that have taken
place in connection with electronic devices

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THE ELECTRONIC TRANSACTION ACT NO.19 OF 2006

Recognize and facilitate the formation of

contracts
Creation and exchange of data messages
Electronic documents
Electronic records
Other communications in electronic form.
Appointment of certification Authority.
Accreditation of certification service
providers and matters connected thereto

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COMPUTER CRIMES ACT NO.24 OF 2007

To provide for the identification of computer

crime and to provide the procedure for the
investigation and prevention of such crimes
and to provide for related matters therewith.

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 Telecommunications Act no.25 of 1991

Telecommunication Regulations Act No.27 of 1996

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INTERCONNECTION RULES 2003 (ON
INTERNATIONAL TRAFFIC BY PASS
CONTROL RULES OF 2003)

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INTELLECTUAL PROPERTY ACT NO.35 OF 2003

Copyright of computer programmes

Trade marks

Software patents
Industrial Designs

Integrated Circuits

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ICT LAW DEVELOPMENT IN UK
UK Computer misuse Act 1990
Trade Marks Act 1994
Defamation Act 1998
Copyright and related rights regulations 1996
Electronic Communications Act 2000
Telecommunications Regulations 1999
The consumer protection Regulations
(distance selling) 2000
CDPAct

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INDIA
Neighboring Country has further
developments in cyber Law
Enactment of IT Rules 2000
IT Certifying authorities Rules 2000, 2001
The Cyber Regulations Appellate Tribunal
(procedure) Rules 2000
The Cyber Regulations Appellate Tribunal
(procedure for investigation of ) Rules 2000

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INDIA
The Cyber Regulations Appellate Tribunal (Procedure for
Investigation of Misbehavior or Incapacity of Presiding
Officer) Rules (2003). The Information Technology (other
powers of Civil Court vested in Cyber Appellate Tribunal)
Rules (2003) , The Information Technology (other
Standards) Rules (2003), The Information Technology
(Qualifications and Experience of adjudicating, offers and
manner of holding inquiry) Rules (2003) , The Cyber
Regulations Appellate Tribunal (Salary), allowances and
other terms and conditions of service of presiding
Officers) Rules (2003), Ministerial order on blocking of
websites, The Information Technology (use of electronic
records and Digital signatures) Rules (2004), The
Information Technology (Security Procedure) Rules (2004).

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INTELLECTUAL PROPERTY RIGHTS
FOR WORK IN INFORMATION AND
COMMUNICATION TECHNOLOGY

What is Intellectual Property?

What are the Key areas of IP?
Copy right
Patents
Confidential Information
Designs
Trade marks
Integrated circuits
Unfair competition and passing off
Undisclosed information

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RAPID GROWTH OF IT AND
RELATED SOFTWARE INDUSTRY
Increment of disputes
Piracy
Catching
Hacking
Streaming
Copying
Etc Development of IP law plays a vital role in
protection of people who are involved in IT
industry. Further encouraged them to design,
invent new things or methods or software to
the world.
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HISTORY AND BACKGROUND OF
IP RIGHTS IN SL
British Inventors ordinance 1888
Designs Ordinance 1904
Patents Ordinance 1906
Trade Marks Ordinance 1925
Copyright Act 1911
WIPO Model Law
Code of IP Act 52/1979
IP Act 36/2003 covered the computer
programmes, webcasts and broadcasting of
programmes.
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HISTORY AND BACKGROUND OF
COPYRIGHT IN COMPUTER
PROGRAMMES
Trade Related Aspects of Intellectual Property Rights (TRIPS)
WIPO copyright treaty
Berne Convention
EU Directives
UK CDPA 1988
EU Directives (software directive, Electronic commerce,
Directive on the harmonization of the copyrights and the
related rights in the information society, directive for software
patents etc.
USA Software patents Apple Computer Associates Vs. Altai

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TRIPS
What is copyright? Sec 6 of the IP Act
literary, artistic and scientific work
TRIPS (Article 10) computer programmes both in
source code or object code are protected as literary
work under Berne Convention (1971)
Compilation of data or other material, whether in
machine readable or other form, by reason of the
selection or arrangement of their contents constitute
intellectual creation shall be protected as such. Such
protection, which shall not extend to the data or
material itself, shall be without prejudice to any
copyright subsisting in the data or material itself
Article 36- protect integrated circuits, semiconductor
chips
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WIPO COPYRIGHT TREATY
Preamble-The contracting parties desiring to
develop and maintain the protection of rights of
authors in their literary and artistic work in a
manner as effective and uniform as possible, and
include computer programmes
Article -04- parties have agreed to protect
Computer Programmes as literary work within
the meaning of Article 2 of the Berne Convention
Article 11- obligations concerning Technological
measures.
extend copyright protection to work in digital
form in an electronic medium.

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IP ACT NO.36 OF 2003
Sec. 6 (1)- Copyright
Computer fonts have been registered as
industrial designs to in proof that the literary
work is protected under ID as well

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