Intellectual Property Laws at Sri Lanka
Sri Lanka's intellectual property (IP) legal framework is governed by the Intellectual Property Act, No. 36 of 2003, which consolidates and updates previous legislation to provide comprehensive protection for various IP rights.
📜 Key Provisions of the Intellectual Property Act, No. 36 of 2003
1. Patents
Protection Scope: Inventions that are new, involve an inventive step, and are capable of industrial application
Duration: Up to 20 years from the filing date
2. Trademarks
Protection Scope: Signs capable of distinguishing goods or services
Duration: 10 years, renewable indefinitely
3. Copyright
Protection Scope: Original literary, artistic, and musical works
Duration: Life of the author plus 70 years
4. Industrial Designs
Protection Scope: The ornamental or aesthetic aspect of an article
Duration: Up to 15 years from the filing date
5. Geographical Indications (GIs)
Protection Scope: Names or signs used on goods that have a specific geographical origin and possess qualities or a reputation due to that origin
Recent Development: The Intellectual Property (Amendment) Act, No. 8 of 2022 established a national registration system for GIs, enhancing their protection both domestically and internationally
6. Traditional Cultural Expressions (TCEs)
Protection Scope: Expressions of folklore, including oral traditions, performing arts, and visual arts
Provisions: The Act protects TCEs against unauthorized reproduction, adaptation, and commercial exploitation
🏢 Administrative Body
The National Intellectual Property Office (NIPO) is the primary authority responsible for administering IP rights in Sri Lank. Established under the Intellectual Property Act, No. 36 of 2003, NIPO oversees the registration and enforcement of patents, trademarks, industrial designs, and copyright. It also plays a pivotal role in promoting public awareness and education regarding IP right.
⚖️ Enforcement Mechanisms
Sri Lanka has established several mechanisms to enforce IP right:
Criminal and Civil Penalties The Act provides for fines and imprisonment for offenses such as falsification of IP records and infringement of IP right.
Sri Lanka Customs The Intellectual Property Rights Enforcement Unit within Sri Lanka Customs is empowered to seize counterfeit goods at the border. The unit also works towards developing a trademark database to enhance enforcement effort.
Criminal Investigation Division (CID) A special anti-piracy and counterfeit unit within the CID addresses IP-related crimes, including piracy and counterfeiting.
🌐 International Engagement
Sri Lanka is a member of several international IP treaties, including:
Paris Convention for the Protection of Industrial Property (since 1991)
Patent Cooperation Treaty (PCT) (since 2002)
World Intellectual Property Organization (WIPO)
World Trade Organization (WTO) (since 1995), adhering to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS
These memberships facilitate the protection of Sri Lankan IP rights abroad and enable foreign IP holders to seek protection within Sri Lana.
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