BUSINESS BRIEF: SRI LANKA
BUSINESS BRIEF: SRI LANKA
Te protection of intellectual property in Sri Lanka is governed by the Intellectual Property Act No. 36 of 2003 which came into force on November 12, 2003. Te act provides for the law relating to IP and for an efficient procedure for registration control and administration thereof.
Patents
How do you register or secure patent rights, and is national or international coverage most appropriate?
Te law relating to patents is provided in Part IV of the act and to secure a patent registration in Sri Lanka an application has to be submitted in the prescribed form with a title of the invention, description and a detailed specification, to the National Intellectual Property Office (NIPO).
Te right of the patent belongs to the inventor; where two or more persons have jointly made an invention the right to a patent belongs to them jointly. Te right to a patent for an invention made in the performance of a contract or in the executions of such work is accrued to the employer or the person who commissioned the work. Te application will be examined as to the form and substance. If the invention is new, involving an inventive step and industrially applicable such invention will be granted patent rights.
Product patents as well as process patents are protectable in Sri Lanka. Discoveries, scientific theories, business methods, mathematical methods for doing business, etc, are excluded from patentability in Sri Lanka.
Sri Lanka is a party to the Patent Corporation Treaty. It is encouraged for patent holders to register their patents in the region where they propose marketing the products and hence international coverage is appropriate in addition to national registration.
What are the costs for obtaining a patent, and what are the costs of defending it?
Te cost of registration of patent will depend on the time spent for draſting the patent and would depend on each matter. Te official fee for the initial lodgment of the application with the NIPO is $121.
Where can you find information on existing patents in your jurisdiction?
Information on existing patents in our jurisdiction can be obtained from the NIPO on making a formal request. Te validity of a patent in Sri Lanka is 20 years from the date of application and annuities to be paid from the second year up to the 20th year. Te annuities can be paid up front for the whole period if the patent holder so desires.
When a company is an applicant to a patent the applicant should bear in mind to file a proper statement of justification obtained from the actual inventor at the time of making the application to the NIPO. Te company should also be aware of the annuity deadlines to keep the patent valid during its life time.
What are the key threats to patent owners, and what is the best strategy if you suspect someone is infringing your patent?
Patent infringement is not common within the country. In the event of an infringement, there is provision under the act to institute proceedings.
Tere have been no changes to the patent law in Sri Lanka for the last 12 months.
Trademarks
How do you register or secure trademark rights, and what protection does it grant? In Sri Lanka it is not mandatory to register a trademark in order to use same within the territory. Tere is provision under the act to register a trademark and there are certain statutory rights which flow from registration.
130 World Intellectual Property Review Annual 2013
A registered owner of a trademark has exclusive rights to use, assign or conclude a licence agreement in relation to the mark; without the consent of a registered owner of a mark third parties are precluded from using a mark which closely resembles it or which would mislead the public.
What are the costs for registering a trademark, and what are the costs of defending it?
The cost of registration of a mark will depend upon the registrability and if an application proceeds to registration without any objection the total cost up to the time of registration may be in the region of $750 to $1,000. The cost for defending a trademark would depend upon the circumstances of each matter. A mark could be defended at the NIPO when published in the government gazette by way of opposition.
What are the key threats to trademark owners, and what is the best strategy for dealing with infringement?
Trademark infringement is very common in Sri Lanka. Tere is provision under the act to institute infringement proceedings. Any person who wilfully infringes the rights of any registered owner shall be guilty of an offence and shall on conviction aſter trial before a magistrate be liable to a fine not exceeding $9,300 or to imprisonment for a term not exceeding six months or to both.
What are the most common mistakes trademark owners make?
Te trademark owners should be vigilant as to the market activities that take place on a day-to-day basis in order to be aware of any infringement.
Copyright In Sri Lanka copyright operates automatically by virtue of its creation. No registration is required
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