BUSINESS BRIEF: SRI LANKA
BUSINESS BRIEF: SRI LANKA
Patents How do you register or secure patent rights, and is national or international coverage most appropriate? In Sri Lanka intellectual property is protected by the provisions of the Intellectual Property Act No. 36 of 2003, which replaced the Code of Intellectual Property Act No. 52 of 1979. The procedure for patent
contained in chapter XIII of the existing act. An application must be filed at the National Intellectual Property Office of Sri Lanka (NIPO). It must contain a description of the patent, its claims, any drawings, an abstract, details of any pending foreign applications
filed for the same invention,
and a declaration that the applicant has not obtained a prior patent abroad for the identical invention. Once granted, a patent is valid for 20 years
from the date of application and is renewable up to the 20th year. Priority may be claimed over an earlier national, regional or international application. Sri Lanka is a party to the Patent Cooperation Treaty.
patents in your jurisdiction? It is possible to conduct a search for information on existing patents at the NIPO directly. Tere is no online patent database.
Trademarks How do you register or secure trademark rights and what protection do they grant? Te procedure for registration is contained in chapter XXI of the existing IP act. An application must be filed at the NIPO. It must contain the name, address of the applicant, a representation of the mark, a specification of the goods/services in a single class, and must be signed by the applicant or agent with a signed power of attorney. For a foreign language mark
registration is
a translation, certified by a sworn translator, must be given. Priority may be claimed over an earlier
application filed within the previous six months in a state signed up to the Paris Convention, or any member of the World Trade Organization (WTO) or any state party to bilateral relations with Sri Lanka, for reciprocal IP protection. Tis also applies where goods bearing the
mark are exhibited at an official international exhibition, if the trademark application is made within six months of such an exhibition. Te date of application is the date of the first exhibition of the goods bearing the mark. Rights conferred by
registration are
harmonious to those granted by the TRIPS Agreement. Registration shall not preclude third parties from using their bona fide names, addresses, geographical names, or other descriptive terms if such use has no trademark significance; or from using marks in relation to goods lawfully manufactured, imported or sold under the mark. Only visible signs are capable of registration
under the present legal regime; 3D marks are permitted. A registered mark can be cancelled if it is not used for a period of five consecutive years immediately
preceding the date of
instituting court action. Once a mark is registered in Sri Lanka, the
110 World Intellectual Property Review Annual 2015
date of registration is the date of application and the mark is renewable every ten years.
What are the key threats to trademark owners and what is the best strategy for dealing with infringement? Te presence of counterfeit and lookalike brands is a major challenge. In cases of small-time infringers, transmission of cease- and-desist letters is effective. Institution of legal action is advised for large-scale infringers. Complaints can also be lodged with the
anti-piracy and counterfeiting division of the Criminal Investigation Department
of Sri
Lanka’s police, which is empowered to raid premises involved in such activities.
What are the most common mistakes trademark owners make? Failure to detect potential infringement in the market is observed. Prolonged uncontested infringement will impair the trademark owner’s ability to claim interim injunctive relief if court action is instituted.
Counterfeiting What are the best strategies for dealing with the problem? Sri Lanka’s customs officials have the power
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