WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/LKA/C/1
IP/N/1/LKA/I/1
12  November 2001
(01-5578)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
SRI LANKA
The present document reproduces the text1 of the Code of Intellectual Property Act Nº 52
of 1979 (as amended by Act Nº 30 of 1980, Nº 2 of 1983, Nº 17 of 1990, Nº 13 of 1997 and Nº 40
of 2000, as notified by Sri Lanka under Article 63.2 of the Agreement (see document IP/N/1/LKA/1).
Conseil des aspects des droits de propriétéintellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
SRI LANKA
Le présent document contient le texte
1 de la Loi n° 52 de 1979 sur le Code de la propriété
intellectuelle (modifiée par les Lois n° 30 de 1980, n° 2 de 1983, n° 17 de 1990, n° 13 de 1997 et
n° 40 de 2000), notifiée par Sri Lanka au titre de l'article 63:2 de l'Accord (voir le document
IP/N/1/LKA/1).
Consejo de los Aspectos de los Derechos de PropiedadIntelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
SRI LANKA
En el presente documento se reproduce el texto
1, de la Ley N° 52 de 1979, relativa al Código
de la Propiedad Intelectual (modificada por las leyes N° 30 de 1980, N° 2 de 1983, N° 17 de 1990,
N° 13 de 1997 y N° 40 de 2000), que Sri Lanka notificó de conformidad con lo dispuesto en el
párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/LKA/1).
                                                     
1 In English only./En anglais seulement./En inglés solamente.IP/N/1/LKA/C/1
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CODE OF INTELLECTUAL PROP ERTY ACT NO. 52 OF 1979
(AS AMENDED BY ACT NOS. 30 OF 1980, 2 OF 1983, 17 OF 1990,
13 OF 1997 AND 40 OF 2000)
AN ACT TO REVISE, CONSOLIDATE, AMEND AND EMBODY IN THE
FORM OF A CODE THE LAW RELATING TO COPYRIGHTINDUSTRIAL DESIGNS, PATENTS, MARKS, TRADE NAMES ANDUNFAIR COMPETITION AND PROVIDE FOR THE BETTERREGISTRATION, CONTROL AND ADMINISTRATION THEREOF ANDFOR MATTERS CONNECTED THEREWITH OR INCIDENTALTHERETO.
BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka
as follows :-
1. This Act may be cited as the Code of  Intellectual Property Act, No. 52 of 1979,
(hereinafter referred to as the “Code”) and shall come into operation on such date as theMinister may appoint by Order published in the Gazette (in this Code referred to as the
“appointed date”).
PART I
ADMINISTRATION
CHAPTER I
2. (1)  There may be appointed a person to be or to act  Appointment of
as Director of Intellectual Propert y of Sri Lanka                                Director of Intellect-
(hereinafter referred to as the “Director”).                            ual Property and
 his duties.
(2) The Director shall
      (a)  subject to the general direction of the
             Minister, be vested with the control and             superintendence of the registration and
   administration of Industrial Designs,
             Patents,  Marks and of any other matter,
         as provided by the Code and of all persons
   appointed for, or engaged in, the carrying
     out of the provisions of the Code; and”IP/N/1/LKA/C/1
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(b) take all necessary steps to promote and
encourage a national awareness of the subjectof copyright by the organization of exhibi-tions, contests, seminars and publications andby the setting up of societies for the protec-tion of copyright.
3. (1)  There may from time to time be  appointed a fit Deputy Directors
and proper person, or each of two or more such persons,                 andto be or to act as a Deputy Director of Inte llectual Property            Assistant
and such other Assistant Directors as the Minister may   Directors
consider necessary.
(2) Any person so appointed may exercise, perform or
discharge any power, duty or function expressly conferred
or imposed upon the Deputy Direct or or Assistant Director,
as the case may be, and may, subject to the directions  ofthe Minister and under the au thority and control of the
Director, exercise, perform or discharge any power, dutyor function conferred or imposed upon the Director byor under this Code.
(3) There shall be appointed such other officers and
servants as may be necessary for the administration ofthe Code.
4. (1)  The Minister may by notification in the Gazette Office
establish an office called the National Intellectual Property andOffice of Sri Lanka (hereinafter referred to as the “Office”) maintenancewhich shall be the only office in Sri Lanka for the ofregistration  and administration of  industrial designs, registers.
patents and marks and any other matter as provided
by the Code.
(2) All registers required to be kept and maintained
under the provisions of this C ode shall be kept and main-
tained under the supervision of  the Director at the Office
and such registers shall be the only legally recognizedregisters for the registration of industrial designs,patents and marks in Sri Lanka and in respect of any other
matters as provided by the Code.IP/N/1/LKA/C/1
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PART II
COPYRIGHT
CHAPTER II
6.  For the purposes of this Part- Inter-
pretation.
“broadcasting” means the transmitting, for reception by
the general public, by wireless or by meansof wire, of sounds or of images and sounds;
“computer” means an electronic or other device having
the capability of strong and processing information ;
“computer program” means a set of instructions
expressed in words, codes,  schemes or in any other
form, which is capable, when incorporated in amedium that a computer can read, of causing thecomputer to perform or achieve a particular task orresult ;
“folklore” means all literary and artistic works created
in Sri Lanka by various communities, passed onfrom generation to generation and constitutingone of the basic elements of the traditionalcultural heritage;
“performance” means a public performance or
delivery of a work by any means whatsoever;
“published works” means works published in any
manner whatsoever with the consent of theirauthors provided that the number of copies sopublished are sufficient to satisfy the reasonablerequirements of the public, having regard to the
nature of the work;
“reproduction” means the maki ng of one or more copies
of a literary, artistic or scientific work, in anymaterial form including any sound or visualrecording;
“works first published” means works first published in
Sri Lanka, or works first published abroad butalso published in Sri Lanka within thirty days fromthe earlier publication;IP/N/1/LKA/C/1
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“work of joint authorship” means a work created by
two or more authors in collaboration, in which the
individual contributions ar e indistinguishable from
each other.
7. (1)  Authors of original literary, artistic and scientific Works
works shall be entitled to protection of their works under protected.this Part.
(2) Literary, artistic and scientific works shall include in
particular-
(a) books, pamphlets and other writings;
(b) lectures, addresses, sermons and other works of the
same nature ;
(c) dramatic and dramatico-musical works;
(d) musical works, whether or not they are in written
form and whether or not they include accompanyingwords ;
(e) choreographic works and pantomimes ;
(f) cinematographic, radiophonic and audio-visual works;
(g) works of drawing, painting, architecture, sculpture,
engraving, lithography and tapestry ;
(h) photographic works, including works expressed by
processes analogous to photography ;
(i) works of applied art, whether handicraft or produced
on an industrial scale ;
(j) illustrations, maps, plans, sketches and three-
dimensional works relative to geography, topogra-phy, architecture or science ;
  (k)  computer programs.
(3) Works shall be protected irrespective of their quality
and the purpose for which they were created.
8. (1)  The following shall also be protected as original Derivative
works- works.
(a) translations, adaptations, arrangements and other
transformations of literary, artistic or scientificworks ;
(b) collections of literary, artistic or scientific works, such
as encyclopaedias and anthologies which, by reasonof the selection and arrange ment of their contents,
constitute intellectual creations ; andIP/N/1/LKA/C/1
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(c) works derived from Sri Lanka folklore.
(2) The protection of any work referred to in subsection
(1) shall be without prejudice to any protection of a pre-
existing work utilized for the making of such work.
9. Notwithstanding the provisions of sections 7 and 8, Works not
Protection shall not extend to - protected.
(a) laws and decisions of c ourts and administrative
bodies, as well as to offici al translations thereof ;
and
(b) news of the day publishe d, broadcast or publicly
communicated by any other means.
10. Subject to the provisions of sections 12 to 16 the Economic
author of a protected work sha ll have the exclusive right rights.
to do or authorize any other person to do the following actsin relation to the whole work or a part thereof-
(a) reproduce the work;
  (b)  make a translation, adaptation, arrangement, or other
         transformation of the work ;
(c) communicate the work to the public by performance,
broadcasting, television or any other means.
11. (1)  The author of a protected work shall have the Moral
right- rights.
(a) to claim authorship of hi s work, in particular that
his authorship be indicated in connection with anyof the acts referred to in section 10, except whenthe work is included incidentally or accidentallywhen reporting current events by means of broad-casting or television ;
(b) to object to, and to seek relief in connection with, any
distortion, mutilation or other modification of, andany other derogatory action in relation to, hiswork, where such action would be or is prejudicialto his honour or reputation.IP/N/1/LKA/C/1
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   (2)  The rights referred to in subsection (1) shall subsist
for the life of the author and fifty years thereafter.  Afterhis death, the said rights shall be exercisable by his heirs.
(3) The rights referred to in subsection (1) shall be
exercisable even where the author or his heirs do not havethe rights referred to in section 10.
   (4)  The rights referred to in subsection (1) shall not be
transferable.
12. (1)  In the case of works of Sri Lanka folklore, the Works of
rights referred to in sections 10 and 11 (1) shall be exercised Sri Lankaby the Minister in charge of the subject of Culture. folklore.
     (2)  Works of Sri Lanka fo lklore shall be protected by all
means available under this Pa rt, without limitation in time.
(3)  Copies of works of Sri Lanka folklore made abroad
and copies of translations, adaptations, arrangements, or
other transformations of work s of Sri Lanka folklore made
abroad, without the authorizati on of the Minister in charge
of the subject of Culture, shall be neither imported nor
distributed.
13. Notwithstanding the provisions of section 10, the Fair use.
following  uses of a protected work, either in the originallanguages or in translation, sh all be permissible without the
author’s consent-
(a) in the case of any work that has been lawfully
published-
(i) the reproduction, translation, adaptation,
arrangement or other transformation of suchwork exclusively for the user’s own personaland private use ;
(ii)  the inclusion, subject to mention of the source
      and the name of the author, of quotations      from such work in another work, provided      that such quotations are compatible with      fair practice and their extent does not exceed      that justified by the purpose, including      quotations from newspaper articles and      periodicals in the form of press summaries ;IP/N/1/LKA/C/1
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(iii)the utilization of the work by way of illustra-
       tion in publications, broadcasts or sound or       visual recordings for teaching to the extent       justified by the purpose, or the communication       for teaching purposes of the work broadcast       or televised fo r use in schools, education,
       universities and professional training :
        Provided that such use is compatible with
   fair practice and that the source and the   name of the author are mentioned in the   publication, broadcast, television broadcast   or recording ;
(b) in the case of any article published in newspapers or
periodicals on current economic, political orreligious topics, and in the case of any broadcastor televised work of the same character, the re-production of such article or  such work in the press,
or the communication of it to the public, unless thesaid article when first pub lished, or the said broad-
cast or televised work when  broadcast or televised,
was accompanied by an express condition prohibit-ing such use, and that the source of thework when used in the said manner is clearlyindicated ;
(c) for the purposes of reporting on a current event
by means of photography, cinematography orcommunication to the public, the reproduction ormaking available to the public, to the extent justi-fied by the informatory purpose of any work thatcan be seen or heard in the course of the saidcurrent event ;
(d) the reproduction of works of  art and of architecture
in a film or television broadcast, and the communi-cation to the public of the works so reproduced, ifthe said works are permanently located in a placewhere they can be viewed by the public or areincluded in the film or television broadcast only byway of background or as incidental to the essentialmatters represented ;
(e) the reproduction, by sound recording, photographic
or similar process, by public libraries, non-commercial documentation centres, scientific insti-IP/N/1/LKA/C/1
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tutions and educational establishments, of literary,
artistic or scientific works which have alreadybeen lawfully made available to the public :
   Provided that such reproduction and the number
of copies made are limited to the needs of theiractivities, do not conflict with the normal exploita-tion of the work and do not unreasonably prejudicethe legitimate interests of the author ;
(f) the reproduction in the press of-
(i)  any political speech delivered in public or any
       speech delivered during legal proceedings, or
(ii)  any lecture, address, sermon or other work of
       the same nature  delivered in public, provided
       that the use is exclusively for the purposes of       current information,
the author retaining the right to publish a collec-
tion of such works.
14. Notwithstanding the provisions  of section 10, any Ephemeral
broadcasting or television organiza tion may make, for the recordings.
purpose of its own broadcasts or television broadcasts and
by means of its own facilities, an ephemeral recording, inone or several copies, of an y work which it is authorized
to broadcast or televise.  All copies of such recording shall
be destroyed within six months of the making thereof orwithin any longer period agreed to by the author:
     Provided, however, that where such recording has an
exceptional documentary character, one copy of it maybe preserved in official arch ives, without prejudice to the
application of the provisions of section 11.
15. Where any work has not been published in Sinhala Limitation
or Tamil within ten years from its  having been published of right of
for the first time in its original language, it shall be law- translation.ful to translate the said work into Sinhala or Tamil, as thecase may be, and to publish such translation, even withoutthe authorization of, and without any payment to, theowner of the copyright of the work, without prejudiceto the application of the provisions of section 11.IP/N/1/LKA/C/1
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16. (1)  Where the owner of the copyright in a musical Limitation
work has already authorized a person to make a sound of rightrecording of the performance of the work, any other person of soundmay, if he cannot agree with the owner to make a sound recording andrecording of a performance of the same work, make a new broadcasting.
sound recording of a performance of the said work withoutthe authorization of the owner, provided that such otherperson pays to the owner an equitable remuneration whichamount shall be fixed by the Secretary to the Ministry ofthe Minister in charge of the subject of Culture.  The fore-
going provisions shall apply also to any words accompanyingthe music.
   (2) Where any public broadcasting or television
organization operating in and from Sri Lanka cannot agree
with the owner of the copyright in any work which itwishes to transmit by broadcasting or television on theconditions on which the work ma y be broadcast or televised,
it shall be entitled to proceed to such broadcasting ortelevision even without the authorization of the owner,
provided that it pays to the owner an equitable remunera-tion which amount shall be fixed by the Secretary to theMinistry of the Minister in  charge of the subject of
Culture.
   (3) The provisions of subsections (1) and (2) shall be
without prejudice to the app lication of the provisions of
section 11.    (4) The mode and manner of the assessment and paymentof remuneration under subsecti ons (1) and (2) shall be as
prescribed.
17. (1)  The rights protected under this Part shall be Ownership of
owned in the first instance by the author or authors who copyright.created the work.  The authors of a work of joint author-ship shall be co-owners of the said rights.
     (2) In the absence of proof to the contrary, the author
of a work is the person under whose name the work isdisclosed.
     (3)In the case of a work created by an author for any
person or body of persons corporate or unincorporate inthe course of his employment under a contract of service,
or of a work commissioned from the author by such personor body of persons, the rights mentioned in section 10 shall,IP/N/1/LKA/C/1
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in the absence of contractual provisions to the contrary,
be deemed to be transferred to the employer or to theperson commissioning the work.
18. (1)  The rights referred to in section 10 shall be Transfer of
transferable in whole or in part. copyright.
     (2)  Any transfer, other than by operation of law, of a
right referred to in section 10 shall be in writing signedby the transferor.
    (3)  A transfer, in whole or in part of any right referred
to in section 10, shall not include or be deemed to includethe transfer of any other rights referred to therein.
(4) When a contract provides for the total transfer of
one of the rights referred to in section 10, the scope of suchcontract shall be limited to the exercise of such rights asare provided for in the contract.
(2) The transfer of ownership of the only copy or of one
or several copies of a work sh all not imply or be deemed to
imply the transfer of the copyright in the work.
19. (1)  Unless expressly provided otherwise in this Duration of
part, the rights referred to in section 10 shall be  protected economic
during the life of the author and for fifty years after his rights.death.
    (2)  In the case of a work of joint authorship the rights
referred to in section 10 sha ll be protected during the life
of the last surviving author and for fifty years after hisdeath.
  (3)  In the case of a work published anonymously or
under a pseudonym, the rights referred to in section 10shall be protected until the expiration of fifty years fromthe date on which such work was first lawfully published :
       Provided that where, before the expiration of the said
period, the author or the author’s identity is revealed or isno longer in doubt, the provisions of subsection (1) or sub-section (2) shall apply as the case may be.
(4) In the case of a cinematographic, radiophonic or
audiovisual work, the rights referred to in section 10 shallbe protected until the expiration of fifty years from theIP/N/1/LKA/C/1
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making of the work or, if the work is made available to the
public during such period with the consent of the author,fifty years from the date of its communication to the public.
(5) In the case of a photographic work or a work of
applied art, the rights referred to in section 10 shall beprotected until the expiration of twenty-five years from themaking of the work.
(6) Every period under the preceding provisions of this
section shall run to the end of the calendar year in whichit would otherwise expire.
20. (1)  The lawful maker of any sound recording shall, Sound
for a period of fifty years from th e first publication of the recording.
sound recording, have the exclusive right to reproduce orauthorize the reproduction of the sound recording.
    (2)  The provisions of sections 14, 18, 19 (6), and 21 shall
apply to sound recordings.
21. (1)  Any person who infringes any of the rights Infringe-
protected under this Part may be prohibited by injunction ments andfrom continuing such infringement and may also be liable sanctions.in damages.
    (2)  The provisions of Chapter XXXII relating to in-
fringements shall apply, mutatis mutandis,  to the rights
protected under this Part.
22. This Part shall apply to- Fields of
Application.
(a) works of authors who are nationals of, or have their
habitual residence in, Sri Lanka; and
(b) works first published in Sri Lanka, irrespective of
the nationality or residence of their authors; and
(c) all works which, by virtue of treaties entered into by
Sri Lanka, are to be protected, as well as to worksof Sri Lanka folklore.
23. No copyright, or right in the nature of copyright, Abrogation
shall subsist otherwise than by virt ue of this Part or of of common
any other enactment made in that behalf. law rights.IP/N/1/LKA/C/1
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24. The provisions of this Part shall not affect any rights Rights
hereinbefore acquired under the common law or any other under
law. other laws.
PART III
INDUSTRIAL DESIGNS
CHAPTER III
Scope of this Part and Definitions
25. The protection of industr ial designs provided under
this Part shall be in addition to and not in derogation of any
other protection provided under any other written law, inparticular under Part  II of this Code.
26. The protection provided under this Part shall- Conditions
for protection.
(1) apply only to new industrial designs ;
(2)  not apply to an industr ial design which consists of
      any scandalous design or is contrary to morality      or public order or which, in the opinion of the      Director or the Court, is likely to offend the religious      or racial susceptibilities of any community.
27. For the purposes of this Part any composition of lines Definition
or colours or any three dimensional form, whether or not ofassociated with lines or colour s, that gives a special industrial
appearance to a product of industry or handicraft and is design.capable of serving as a pattern for a product of industryor handicraft shall be deemed to be an industrial design :
     Provided that anything in an industrial design which
serves solely to obtain a technical result shall not beprotected under this Part.
28. (1)  For the purposes of this Part a new industrial Definition
design shall mean an industrial de sign which had not been of novelty.
made available to the public anywhere and at any timewhatsoever through description, use or in any other mannerbefore the date of an applic ation for registration of such
industrial design or before the priority date validly claimed
in respect thereof.IP/N/1/LKA/C/1
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(2) An industrial design sha ll not be deemed to have
been made available to the pub lic solely by reason of the
fact that, within the period of six months preceding thefiling of an application for registration, it had appeared in anofficial or offici ally recognized international exhibition.
(3) An industrial design shall not be considered a new
industrial design solely by reason of the fact that it differsfrom an earlier industrial desi gn in minor respects or that
it concerns a type of product different from a productembodying an earlier industrial design.
CHAPTER IV
Right to protection of industrial design
29. (1)  The right to obtain protection of an industrial Ownership
design belongs to its owner. and right
to protection
(3) Subject to section 31 the owner of an industrial of industrial
design is its creator or his successor in title. design.
(4) Where two or more persons have jointly created an
industrial design, the right to  obtain protection shall belong
to them jointly :
     Provided that a person who has merely assisted in the
creation of an industrial desi gn but has made no contri-
bution of a creative nature shall not be deemed to be thecreator or a co-creator of such industrial design.
(5) Subject to sections 30 and 31 the person who makes
the first application for the registration of an industrial
design or the person who first validly claims the earliestpriority for his application sha ll be deemed to be the creator
of such industrial design.
30. Where the essential elements of an industrial design, Usurpation :
the subject of an application fo r registration, have been Judicial
unlawfully derived from an industria l design for which the assignment of
right to protection belongs to another person, such other applicationperson may apply to Court for an order that the said orapplication or registration be assigned to him : registration.
     Provided that where, after an application for the regis-
tration of an industrial design  has been filed, this personIP/N/1/LKA/C/1
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to whom the right to protection belongs gives his consent to
the filing of the said application, such consent shall, for allpurposes, be deemed to have been effective from the dateof filing of such application.
31. (1)  In the absence of any provision to the contrary Industrial
in any contract of employment or  for the execution of work, design
the ownership of an industrial desi gn created in the per- created by
formance of such contract or in the execution of such work an employeeshall be deemed to accrue to the employer, or the person or pursuantwho commissioned the work, as the case may be : to a commission.
     Provided that where the industrial design acquires an
economic value much greater than the parties could reasona-bly have foreseen at the time of concluding the contractof employment or for the execution of work, as the casemay be, the creator shall be entitled to equitable remune-ration which may be fixed by the Court in the absence ofagreement between the parties.
(2) Where an employee whose contract of employment
does not require him to engage in any creative activitycreates, in the field of activitie s of his employer, an indus-
trial design using data or means placed at his disposalby his employer, the ownership of such industrial designshall be deemed to accrue to the employer in the absenceof any provision to the contrary in the contract ofemployment :
    Provided that the employee shall be entitled to equitable
remuneration which, in the absence of agreement betweenthe parties, may be fixed by the Court taking into account
his emoluments, the economic va lue of the industrial design
and any benefit derived from it by the employer.
(3) The rights conferred on the creator of an industrial
design by subsections (1) and (2) shall not be restricted bycontract.
32. (1)  The creator of an industrial design shall be Naming of
named as such in the registration, unless by a declaration creator of
in writing signed by him or on his behalf and submitted to anthe Director he indicat es that he does not wish to be so industrial
named. design.
    (2) The provisions of subsection (1) shall not be
modified by the terms of any contract.IP/N/1/LKA/C/1
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CHAPTER V
Requirements of application and procedure for registration
33. (1)  An application for registra tion of an industrial Requirements
design shall be made to the Director in the prescribed form ofand shall contain- application.
(a) a request for registration of the industrial design ;
(b) the name, address and de scription of the applicant
and, if he is resident out side Sri Lanka, a postal
address for service in Sri Lanka ;
     (c) a specimen of the article embodying the industrial
design or copies of a photographic or graphicrepresentation of the indus trial design, in colour
where it is in colour, or drawings and tracings ofthe design ;
(d)       an indication of the kind of products for which the
industrial design is to be used and, where theregulations make provisi on for classification, an
indication of  the class or classes in which such
products are included ;
           (e)         a declaration by the applicant that the industrial
design is new to the best of his knowledge.
(2) The application for registration may be accompanied
by a declaration signed by the creator of the industrialdesign giving his name a nd address and requesting that
he be mentioned as such in the registration.
(3) Where the applicant is not the creator of the industrial
design the application shall be accompanied by a statementjustifying the applicant’s right to obtain registration.
(4) The Director shall send a copy of the statement
referred to in subsection (3) to the creator of the industrialdesign who shall have the right to inspect the applicationand to receive, on payment of the prescribed fee, a copythereof.IP/N/1/LKA/C/1
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(5) Where the application is filed through an agent, it
shall be accompanied by a power of attorney granted tosuch agent by the applicant :
      Provided that legalization or certification of the applicant’s
signature shall not be necessary.
(6) An application may be made for the registration of
any number of industrial designs not exceeding fiftyprovided that they are of the same class or kind.
34. The applicant for registration of an industrial design Right of
who wishes to avail himself of th e priority of an earlier priority.
application filed in a conventi on country shall, within six
months of the date of such earlier application, append to his
application a written declaration indicating the date andnumber of the earlier applicati on, the name of the applicant
and the country in which he or  his predecessor in title filed
such application and shall, within a period of three monthsfrom the date of the later application filed in Sri Lanka,furnish a copy of the earlier application certified as correctby the appropriate authority of the country where suchearlier application was filed.
35. An application for registration of  an industrial design Application
shall not be entertained unless the prescribed fee has been fee.paid to the Director.
36. (1)  The Director shall examine whether the Examination
application for registration complies with sections 26 (2), of33, 34 (where applicable) and 35. application.
(2) Where the application does not comply with sections
26 (2), 33 and 35, the Director shall refuse registration ofthe industrial design :
    Provided that the Director shall first notify the applicant
of any defect in the application and shall afford him anopportunity to remedy such defect within three monthsfrom the date of receipt of such notification.
(3) Where the application does not comply with section
34, the Director shall not, in connection with the registra-
tion of the industrial design, make any reference to thepriority claimed.IP/N/1/LKA/C/1
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(4) Where the application complies with section 34, the
Director shall, in connection with the registration of the
industrial design, record the priority claimed.
(5) Where the Director refuses to register an industrial
design he shall, if required by the applicant, state inwriting the grounds of his decision.
37.  Where the application complies with sections 26(2), Registration.
33 and 35, the industrial design shall, notwithstanding the
provisions of section 26 (1), be  registered without further
examination.
38.  Upon the registration of an industrial design, the Issue of
Director shall issue to the registered owner thereof a certificatecertificate of registration and sh all, at the request of the of
registered owner, send such certificate to him by registered registration.post at his last recorded posta l address in Sri Lanka or, if
he is resident outside Sri Lanka , to his last recorded postal
address for service in Sri Lanka.
39. (1)  The Director shall keep and maintain a register Register of
called the Register of Industrial Designs wherein shall be Industrial
recorded, in the order of their registration, all registered Designs.industrial designs and such other particulars relating to
industrial designs as are authorized or directed by this Partto be so recorded or may from time to time be prescribed.
(2) The registration of an industrial design shall include
a representation of the  indus trial design and shall specify
its number, the name and addr ess of the registered owner
and, if the registered owner is resident outside Sri Lanka,a postal address for service in Sri Lanka ; the dates ofapplication and registration; if  priority is validly claimed,
an indication of that fact a nd the number, date and country
of the application on the basi s of which the priority is
claimed ; the kinds and classe s of products referred to in
section 33 (1) (d), and the name and address of the creatorof the industrial design,  if  he has requested that he
be mentioned as such in the registration.
40.  Any person may examine the register and may obtain Examination
certified extracts therefrom  on payment of the prescribed of register andfee. certified
copies.
41. The Director shall cause to be published in the
Gazette,  in the prescribed form, all registered industrial PublicationIP/N/1/LKA/C/1
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designs in the order of their regi stration, including in of registered
respect of each industrial design so published reference to industrial
such particulars as may be prescribed.  designs.
CHAPTER VI
Duration of registration
42. Subject and without prejudice to  other provisions of Duration of
this Part, registration of an industr ial design shall expire registration.
five years after the date of receipt of the application forregistration.
43. (1)  Registration of an indus trial design may be Renewal.
renewed for two consecutive periods of five years eachon payment of the prescribed fee.
(2) The renewal fee shall be paid within the twelve
months preceding the date of expiration of the period ofregistration :
    Provided, however, that a period of grace of six months
shall be allowed for the payment of the fee after the dateof such expiration, upon payment of such surcharge asmay be prescribed.
(3) The Director shall record in the register and cause
to be published in the Gazette  in the prescribed form all
renewals of registration.
(4) Where the renewal fee has not been paid within such
period or such extended period specified in subsection (2),
the Director shall remove the registration of the industrial
design from the register.
CHAPTER VII
Rights of registered owner of industrial design
44. (1)  Subject and without prejudi ce to other provisions Rights of
of this Part, the registered owne r of an industrial design registered
shall have the following exclusive rights in relation to the owner ofindustrial design :- industrial
design.
(a) to reproduce and embody such industrial design in
making a product ;IP/N/1/LKA/C/1
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(b) to import, offer for sale, sell or use a product embody-
ing such industrial design ;
(c) to stock, for the purpose of offering for sale, selling
or using, a product embodying such industrial design ;
(d) to assign or transmit the registration of the industrial
design ;
(e) to conclude licence contracts.
(2) No person shall do any of the acts referred to in
subsection (1) without the consent of the registered ownerof the industrial design.
(3) The acts referred to in subsection (1), if done by any
unauthorized person, shall not be  lawful solely by reason
of the fact that the reproduction of the registered industrialdesign differs from the regist ered industrial design in minor
respects or that the reproduction of the registered industrial
design is embodied in a type of product different from aproduct embodying the registered industrial design.
45. The provisions of section 44(1) shall- Limitation
of registered
(1) extend only to acts done for i ndustrial or commercial owner’s
       purposes ; rights.
(2)  not preclude third parties from doing any of the acts
       referred to therein in respect of a product embody-       ing the registered industrial design after the said       product has been lawfully manufactured, imported,
       offered for sale, sold, used or stocked in Sri Lanka.
CHAPTER VIII
Assignment and transmission of applications and
registrations
46. (1)  An application for registration or the registration Assignment
of an industrial design may be  assigned or transmitted. and
transmission
(2) Any person becoming entitled by assignment or of
transmission to an application for registration or the applicationsregistration of an industrial design may apply to the andIP/N/1/LKA/C/1
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Director in the prescribed manner to  have such assignment registrations.
or transmission recorded in the register.
(3) No such assignment or transmission shall be recorded
in the register unless-
(a) the prescribed fee has been paid to the Director;
(b) in the case of an assignment, it is in writing signed
      by or on behalf of the contracting parties.
(4) No such assignment or tr ansmission shall have effect
      against third parties unless so recorded in the register.
47. In the absence of any agreement to the contrary Joint
between the parties, joint owners of an application for ownershipregistration or the registration of an industrial design may, of
separately, assign or transmit their rights in the application applicationsor registration, use the industria l design and exercise the and
exclusive rights referred to in section 44 (1) (a) to (c), registration.but may only jointly withdraw the application, renouncethe registration or conclude a licence contract.
CHAPTER IX
Licence Contracts
48. For the purposes of this Part licence contract means Interpre-
any contract by which the register ed owner of an industrial tation.
design (“the licensor”) grants to another person or enter-prise (“the licensee”) a licence to do any or all of the actsreferred to in section 44 (1) (a) to (c).
49. (1)  A licence contract shall be in writing signed by Form and
or on behalf of the cont racting parties. record of
licencecontract.
  (2)  Upon a request in writing signed by or on behalf ofthe contracting parties, the Director shall on payment ofthe prescribed fee, record in the register such particularsrelating to the contract as the parties thereto might wish tohave recorded :
  Provided that the parties sh all not be required to disclose
or have recorded any other pa rticulars relating to the said
contract.IP/N/1/LKA/C/1
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50. (1)  In the absence of any provision to the contrary Rights of
in the licence contract, the licensee shall- licensee.
(a) be entitled to do any or all of the acts referred to in
section 44 (1) (a) to (c) within the whole geogra-phical area of Sri Lanka, during the whole period ofregistration of the industrial design, includingrenewals, and through any application of the indus-trial design ;
(b) not be entitled to assign or transmit his rights under
the licence contract or grant sub-licenses to thirdparties.
(2)    The provisions of this Chapter shall apply,  mutatis
         mutandis , to assignments and sub-licenses.
51.  (1)  In the absence of any provision to the contrary Rights of
in the licence contract, the licensor may grant further licensor.licences to third parties in re spect of the same industrial
design or himself do any or all of the acts referred to insection 44 (1) (a) to (c).
(2) Where the licence contract provides that the licence
is exclusive, and unless it is  expressly provided otherwise
in such contract, the licensor shall not grant further licencesto third parties in respect of  the same industrial design or
himself do any of the acts referred to in section 44 (1) (a)to (c).
52.  Any clause or condition in a licence contract shall be Invalid
null and void in so far as it imposes upon the licensee, in clauses inthe industrial or commercial field, restrictions not derived licence
from the rights conferred by this Part on the registered contracts.owner of an industrial design, or unnecessary for the safe-guarding of such rights :
    Provided that –
(a) restrictions concerning the scope, extent, or duration
of use of the industrial design, or the geographicalarea in or the quality or quantity of the products inconnection with which th e industrial design may
be used, andIP/N/1/LKA/C/1
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(b) obligations imposed upon the licensee to abstain from
all acts capable of prejudicing the validity of theregistration of the industrial design.
shall not be deemed to constitute such restrictions.53.  Where, before the expiration of the licence contract, Effect of
the registration is declared null and void the licensee shall nullity ofno longer be required to make any payment to the licensor registrationunder the licence contract, and sha ll be entitled to repay- of licence
ment of the payments already made : contract.
  Provided that the licensor shall not be required to make
any  repayment, or shall be  required to make repayment
only in part, to the extent that he can prove that any suchrepayment would be inequitabl e under all the circumstances,
in particular if the licensee has effectively profited from thelicence.
54. The Director shall –
(1) if he is satisfied that a recorded licence contract has Expiry,
expired or been terminated, record that fact in the terminationregister upon a request in writing to that effect orsigned by or on behalf of th e parties thereto ; invalidation
of licence
(2) record in the register the expiry, termination or contract.
invalidation of a licence contract under any provi-sion of this Part.
55.  (1)  Where the Director has reasonable cause to Licence
believe that any licence contract or any amendment or contractsrenewal thereof- involving
payments
      (a) which involves the payment of royalties abroad; or abroad.
 (b) which by reason of other circumstances relating to
 such licence contract,
is detrimental to the econo mic development of Sri Lanka
he shall in writing communicate such fact to the Governorof the Central Bank and transmit all papers in his custodyrelevant to a decision on such matter to the Governor of the
Central Bank.
(2) Where the Governor of the Central Bank on receipt of
any communication under subsecti on (1) informs the DirectorIP/N/1/LKA/C/1
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in writing that the said licence contract or any amend-
ment or renewal thereof is detrimental to the economicdevelopment of Sri Lanka the Director shall cancel andinvalidate the record of such contract in the register.
CHAPTER X
Renunciation and nullity of registration
56.  (1)  The registered owner of an  industrial design  may Renunciation
renounce the registration by a declaration in writing signed ofby him or on his behalf and submitted to the Director. registration.
(2) The Director shall, on receipt of the said declara-
tion, record it in the register and cause such record to bepublished in the Gazette .
(3) The renunciation shall take effect from the date that
The Director receives  the said declaration.
(4) Where a licence contract in respect of an industrial
design is recorded in the register the director shall not ,in the absence of provision to the contrary in such licencecontract, accept or record the said renunciation except uponreceipt of a signed declaration by which every licensee orsub-license on record consents to the said renunciation,unless the requirement of his consent is expressly waived
in the licence contract.
57. (1)  The Court may on the application of any person Nullity of
showing a legitimate interest, or of any competent authority registration.including the Director, to which the registered owner ofthe industrial design and every assignee licensee or sub-licensee on record shall be made party, declare the regis-tration of the industrial desi gn null and void on any one or
more of the following grounds :-
(a) that the provisions of sections 26, 27 and 28 have not
been satisfied :
  Provided, however, that the grounds of nullity
referred to in section 26 (2 ) shall not be taken into
account if they do not exist at the date of the appli-cation to Court ;IP/N/1/LKA/C/1
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(b) that the identical industrial design has been previously
registered upon a prior application or has been con-ferred earlier priority by virtue of an application in
that behalf upon the ground of prior registration inanother country ;
(c) that the essential elements of the registered industrial
design have been unlawfully derived from thecreation of another person within the meaning ofsection 30.
  (2)  Where an application under subsection (1) relates to
several industrial de signs, included in the registration and
the ground or grounds for nullity apply to some but not toall such industrial designs, the Court shall declare such re-gistration null and void in so fa r as it relates to the indus-
trial design in respect of which the ground or grounds fornullity apply.
58. (1)  Upon a final decision of th e Court declaring total Date and
or partial nullity of th e registration of an industrial design, effect of
the registration shall be deemed to have been null and nullity.void totally or partially, as the case may be, from the dateof such registration.
(2) When a declaration of nullity becomes final the
Registrar of the Court shall notify the Director who shallrecord the said declaration in the register and cause it tobe published in the Gazette.
PART IV
PATENTS
CHAPTER XI
Definitions
59.  (1)  For the purposes of this Part, “invention” means Definition
an idea of an inventor which permits in practice the solution ofto a specific problem in the field of technology. invention.
(2) An invention may be, or may relate to, a product or
process.IP/N/1/LKA/C/1
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(3) The following, notwithstanding they are inventions
within the meaning of subsecti on (1), shall not be patent-
able-
(a) discoveries, scien tific theories and mathematical
methods ;
(b) plant or animal varieties or essentially biological pro-
cesses for the production of plants or animals, other
than micro-biological pr ocesses and the products
or such processes ;
(c) schemes, rules, or methods  for doing business, per-
forming purely mental acts or playing games ;
(d) methods for the treatment of the human or animal
body by surgery or therapy, and diagnostic methodspractised on the human or animal body :
   Provided, however, that  this paragraph shall not
apply to the products used in any such methods.
60.  An invention is patentable if  it is new, involves an Patentable
inventive step and is industr ially applicable. inventions.
61.  (1)  An invention is new if it is not anticipated by Novelty.
prior art.
(2) Prior art shall consist of-
(a) everything disclosed to the public, anywhere in the
world, by written publication or, in Sri Lanka, byoral disclosure, by use or in any other way, prior tothe filing or, where appropriate, priority date of thepatent application claiming the invention ;
(b) the contents of a domestic patent application having
an earlier filing or, where appropriate, priority datethan the patent application referred to in paragraph(a), to the extent that such contents are includedin the patent granted on the basis of the saiddomestic patent application.
(3) A disclosure made under subsection (2) (a) shall be
disregarded-IP/N/1/LKA/C/1
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(a) if such disclosure occurred within one year preceding
the date of the patent a pplication and if such dis-
closure was by reason or in consequence of actscommitted by the applicant or his predecessor intitle ;
(b) if such disclosure occurred within six months pre-
ceding the date of the pa tent application and if
such disclosure was by reason or in consequenceof any abuse of the rights of the applicant or hispredecessor in title.
62.  An invention shall be considered as involving an Inventions
inventive step if, having regard to the prior art relevant to step.
the patent application claimin g the invention, such inven-
tive step would not have been obvious to a person havingordinary skill in the art.
63.  An invention shall be c onsidered industrially Industrial
applicable if it can be made or used  in any kind of industry. application.
CHAPTER XII
Right to a Patent
64.  (1)  Subject  to section 65 the right to a patent shall Right
belong to the inventor. to a patent.
(2) Where two or more persons have jointly made an
invention, the right to a patent shall belong to them jointly.
65.  Where the essential elements  of the invention Usurpation
claimed in a patent a pplication or patent have been un- judicial
lawfully derived from an inven tion for which the right assignment
to the patent belongs to another person, such other person of patent
may apply to the Court for an order that the said patent applicationapplication or patent be a ssigned to him : or patent.
  Provided that where, after a patent application has been
filed, the person to whom the right to the patent belongsgives his consent to the filing of the said patent application,such consent shall, for all purposes, be deemed to havebeen effective from the date of filing of such  application :IP/N/1/LKA/C/1
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  Provided also that the Cour t shall not entertain an appli-
cation for the assignment of a patent after five years from
the date of grant of the patent.
66 (1)  In the absence of any provision to the contrary Inventions
in any contract of employment or for the execution of work, made
the right to a patent for an invention made in the perfor- by anmance of such contract of employment or in the execution employeeof such work shall be deemed to accrue to the employer, or pursuantor the person who commissioned the work, as the case may to abe :  commission.
  Provided that where the invention acquires an economic
value much greater than the parties could reasonably have
foreseen at the time of concluding the contract of employ-ment or for the execution of work, as the case may be, theinventor shall be entitled to equitable remuneration whichmay be fixed by the Court in the absence of agreementbetween the parties.
(2) Where an employee whose contract of employment
does not require him to engage in any inventive activitymakes, in the field of activities of his employer, an inven-tion using data or means placed at his disposal by hisemployer, the right to the patent for such invention shallbe deemed to accrue to the employer, in the absence ofany provision to the contrary in the contract of employ-
ment :
  Provided that the employee shall be entitled to equitable
remuneration which, in the absence of agreement betweenthe parties, may be fixed by the Court taking into account
his emoluments, the economic value of the invention andany benefit derived from it by the employer.
(3) The rights conferred on the inventor under subsec-
tions (1) and (2) shall not be  restricted by contract.
67. (1)  The inventor shall be na med as such in the Naming of
patent, unless by a declaration in writing signed by him inventor.or on his behalf and submitted to the Director he indi-cates that he does not wish to be so named.
(2) The provisions of subsection (1) shall not be modi-
fied by the terms of any contract.IP/N/1/LKA/C/1
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CHAPTER XIII
Requirements of Application and Procedure for Grant
68. (1)  (a)  An application for the grant of a patent shall Require-
be made to the Director in the prescribed form and shall ments ofcontain- application.
(i) a request for the grant of the patent ;
(ii) a description ;
(iii) a claim or claims ;
(iv) a drawing or drawings, where required ;
(v) an abstract.
        (b) Where the applicant’s ordinary residence or principal
place of business is outside Sri Lanka, he shall be repre-sented by an agent reside nt in Sri Lanka whose name
and address shall be  given in the application, and the
application shall be accompan ied by a power of attorney
granted to such agent by the applicant :
  Provided that legalization or certification of the appli-
cant’s signature sha ll not be necessary.
(c) The application may be accompanied by a declaration
signed by the inventor, giving his name and address andrequesting that he be name d as such in the patent.
(2) (a)  The request shall contain-
(i) a petition that the patent be granted ;
(ii) the title of the invention ;
(iii) the name, address, descri ption and any other pres-
cribed information concerning the applicant, theinventor and the agent, if any.
    (b)  Where the applicant is not the inventor, the request
shall be accompanied by a statement justifying the appli-cant’s right to the patent.
    (c)  The Director shall send a copy of the statement
referred to in paragraph (b) to the inventor who shall havethe right to inspect the application and to receive, on pay-ment of the prescribed fee, a copy thereof.
(3) The description shall disc lose the invention in a
manner sufficiently clear and complete for the inventionIP/N/1/LKA/C/1
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to be evaluated, and to be carried out by a person having
ordinary skill in the art, and shall, in particular, indicatethe best mode known to the applicant for carrying out theinvention.
(4) The claim or claims shall be clear, concise and
supported by the description.
  (5)  Drawings shall be required when they are necessary
for  the understanding of the invention.
  (6)  The terms of the claim or claims shall determine
the scope and extent of the protection afforded by thepatent, and the description a nd drawings may be used to
interpret the claim or claims.
  (7) The abstract shall serve the purpose of technical
information and shall not be used for the purpose of deter-mining or interpreting the scope and extent of the protec-tion afforded by the patent.
69. An application for the grant of a patent shall not be Application
entertained unless the prescribed fee has been paid to the fee.Director.
70. (1)  Every applicant shall furnish, within the Search
prescribed period, a report, which if not in English shall report.be accompanied by a translation thereof in English, of aninternational-type search as may be prescribed :
  Provided, however, that in lie u of the said international-
type search  an applicant may request the Director to referthe application to a local examiner who shall examine theapplication on the basis of th e claim or claims, with due
regard to the description and the drawings, if any, andfurnish a report to the Director, within the prescribedperiod, on the relevant prior art, after endeavouring todiscover as much of the relevant prior art as facilitiespermit ; and for this purpose the local examiner shall inany case consult all documenta tion on prior art available
to him.
(2) The applicant shall, in the event of his requesting the
Director to refer his application to a local examiner, for-ward  the prescribed fee to the Director.IP/N/1/LKA/C/1
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(3) In this section “local examiner” means any skilled
person or persons to whom the Director may refer ques-tions concerning patents.
71. An application shall relate to  one invention only or Unity of
to a group of inventions so linked as to form a single invention.general inventive concept.
72. (1)  An applicant may amend the application provided Amendment and
that the amendment shall not go beyond the disclosure in division ofthe initial application. application.
(2) (a)  An applicant may divide the application into
two or more applications (“divisional applications”)
provided that each divisiona l application shall not go
beyond the disclosure in the initial application.
(b) Each divisional application shall be entitled to the
filing or, where applicable, priority date of the initialapplication.
73. (1)  An application may contain a declaration Right of
claiming the priority, pursuant to the Convention, of one priority.or more earlier national, regional or international applica-tions filed by the applicant or his predecessor in title in orfor any State party to the said Convention.
(2) Where the application cont ains a declaration under
subsection (1), the Director may require that the appli-cant furnish, within the prescribed time, a copy of theearlier application, certified as correct by the Office withwhich it was filed or, where the earlier application is aninternational appli cation filed under the Patent Co-opera-
tion Treaty, by the International Bureau of the WorldIntellectual Property Organization.
(3) The effect of the declaration referred to in subsection
(1) shall be as provided in the Convention referred totherein.
(4) Where any of the requirements of this section or any
regulations  pertaining thereto have not been complied withthe declaration referred to in subsection (1) shall bedeemed to be null and void.
74. (1)  The Director shall record as the filing date the Filing date.
date of receipt of the application :IP/N/1/LKA/C/1
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  Provided that the application contains-
(a) the name and address of the applicant ;
  (b)  the name and addre ss of the inventor and, where
        the applicant is not the inventor, the statement
        referred to in section 68 (2) (b) ;
  (c)  a description  ;  (d) a claim or claims :  Provided also that at the time of receipt of the applica-
tion the prescribed fee has been paid.
(2) Where the Director finds that, at the time of receipt
of the application, the provisions of subsection (1) are notfulfilled, he shall request the applicant to file the requiredcorrection.
(3) Where the applicant complies with the request
referred to in subsection (2), the Director shall record asthe filing date the date of receipt of the required correc-tion ; where the applicant does not so comply the Directorshall treat the application as null and void.
(4) Where the application refers to drawings which in
fact are not included in the a pplication, the Director shall
request the applicant to furnish the missing drawings.
(5) Where the applicant complies with the request
referred to in subsection (4), the Director shall record asthe filing date the date of receipt of the missing drawings ;where the applicant does not so comply the Director shallrecord as the filing date the date of receipt of the applica-tion and shall make no reference to the said drawings.
75. (1)  The Director shall examine the application and Examination.
shall be satisfied that the following conditions arefulfilled-
(a) where applicable, the requirements of section 68
(1) (b) ;
(b) the request complies with the requirements of
section 68 (2) (a) ;IP/N/1/LKA/C/1
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(c) where applicable, the requirements of section 68
(2) (b) ;
(d) the description, the claims and, where applicable,
the drawings comply with the prescribed require-ments ;
(e) the application contains an abstract ;
(f)  the search report referred to in section 70 has been
      submitted.
(2) Where the Director finds that the conditions
referred to in subsection (1) are not fulfilled he shallrequest the applicant to file the required correction ; wherethe applicant does not so comply the application shall,subject to the provisions of subsection (3), be rejected.
(3) Where no abstract is provided in response to a
request under subsection (2), the Director shall, on pay-ment of the prescribed fee within the prescribed period,prepare the abstract ; where the prescribed fee is not paidwithin the prescribed period the application shall berejected.
(4) The Director shall notify the applicant of any
decision under subsections (2) and (3), and any decision
rejecting the application shall be in writing and state thereasons for such rejection.
76. (1)  The grant of a patent sha ll not be refused and a Grant of
patent shall not be invalidated on the ground that the patent.performance of any act in respect of the claimed inventionis prohibited by any law or regulation, except where theperformance of that act would be contrary to publicorder.
(2) Where the Director is satisfied that the application
complies with section 75 (1) he shall grant the patent, andshall forthwith-
(a) issue to the applicant a certificate of the grant of
the patent and a copy of the patent together with
a copy of the search report; and
(b) record the patent in the register.IP/N/1/LKA/C/1
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(3) As soon as possible therea fter the Director shall-
(a) cause to be published in the Gazette  a reference to
the grant of the patent ;
(b) make available to the public, on payment of the
prescribed fee, copies of the patent together withcopies of the search report.
(4) The  patent shall be deemed  to be granted on the date
that the Director performs the acts referred to in sub-section (2).
77. The Director shall keep and maintain a register Register of
called the Register of Patents wherein all patents shall patents.be recorded, in the order of their grant, specifying thenumber of the patent, the name  and address of the grantee
and, if the grantee is resident  outside Sri Lanka, a postal
address for service in Sri Lanka ; the dates of applicationand grant ; any change in the ownership of a patentapplication or patent ; the amendment or division of a
patent application ; the assi gnment or transmission of a
patent application or  patent ; any valid claim to priority ;
the surrender or revocation of  a patent and such other
matters relating to patents as are authorized or directedby this Part to be so recorded or may from time to timebe prescribed.
78. Any person may examine the register and may Examination of
obtain certified extracts therefrom on payment of the register andprescribed fee. certified copies.
79. (1)  Any person may, after the grant of a patent, Inspection
inspect the file relating to the patent and, subject to of files.
subsection (2), the file relating to any patent application,and may obtain certified extracts therefrom on paymentof the prescribed fee.
(2) The file relating to a patent application may be
inspected before the grant of the patent only with thewritten permission of the applicant:
  Provided that before th e grant of the patent the
Director may divulge the following information to anyperson :-IP/N/1/LKA/C/1
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(a) the name, address and desc ription of the applicant
and the name and address of the agent, if any ;
(b) the number of the application ;
  (c)  the filing date of the application and, if priority is
        claimed, the priority date, the number of the        earlier applicati on and the name of the State in
        which the earlier application was filed or, where
        the earlier application is a regional or an inter-        national applica tion, the name of the State or
        States for which and the Office with which it was        filed ;
(d)  the title of the invention ;
  (e)  any change in the ownership of the application and
 any reference to a licence contract appearing in the file relating to the application.
  (3) No person employed in or at the Registry may make
a patent application or be gr anted a patent or acquire or
hold in any manner whatsoever any rights relating to apatent during the period of hi s employment in or at the
Registry and for one year af ter the termination of such
employment.
CHAPTER XIV
Duration of Patent
80. (1)  Subject and without prejudi ce to other provisions Duration of
of this Part a patent shall expire fifteen years after the patent.date of its grant.
(2) Where a patentee intends at the expiration of the
second year from the date of grant of the patent to keep
the same in force he shall, twelve months before the date
of expiration of the second and each succeeding year duringthe term of the patent, pay the prescribed annual fee :
  Provided, however, that a period of grace of six months
shall be allowed after the date of such expiration, upon
payment of such surcharge as may be prescribed :IP/N/1/LKA/C/1
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Provided also that the patentee may pay in advance the
whole or any portion of the aggregate of the prescribedannual fees.
CHAPTER XV
Rights of Owner of Patent
81. (1) Subject and without prejudice  to other provisions Rights of
of this Part, the owner of a pate nt shall have the following owner of
exclusive rights in relation to the patented- patent.
(a) to exploit the patent invention ;
(b) to assign or transmit the patent ;
(c) to conclude licence contracts.
(2) No person shall do any of the acts referred to in sub-
section (1) without the consent of the owner of the patent.
(3) For the purposes of this Part “exploitation” of a
patented invention means any of the following acts in re-lation to a patent:-
(a) when the patent has been granted in respect of a
product-
(i) making, importing, offering for sale, selling and
using the product ;
(ii) stocking such product for the purpose of offer-
ing for sale, selling or using ;
(b) when the patent has been granted in respect of a
process-
(i) using the process ;
(ii)       doing any of the acts referred to in paragraph
      (a), in respect of a product obtained directly
            by means of the process.IP/N/1/LKA/C/1
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82. The provisions of section 81 shall- Limitation of
owner’s rights.
(1) extend only to acts done for industrial or commercial
purposes and in particular not to acts done only forscientific research ;
(2) not preclude a person having the rights referred to in
section 83 or a licensee from exploiting the patentedinvention ;
(3) not extend to the presence or use of products on
foreign vessels, aircraft, spacecraft, or land vehicleswhich temporarily or accidentally enter the waters,airspace or territory of Sri Lanka.
83. (1)  Where a person at the filing or, where applicable, Rights derived from
the priority date of the pate nt application- prior manufacture
or use.
(a) was in good faith in Sri Lanka making the product
      or using the process which is the subject of the in-      vention claimed in such application ;
(b) had in good faith in Sri Lanka made serious prepara-
tions toward the making of the product or usingthe process referred to in paragraph (a),
he shall have the right, desp ite the grant of the patent, to
exploit the patented invention :
  Provided that the product in  question is made, or the
process in question is used by the said person in Sri Lanka :
  Provided further than he ca n prove, if the invention was
disclosed under the circumstances referred to in section 61(3) (a) or (b), that his knowledge of the invention was nota result of such disclosure.
     (2) The right referred to in subsection (1) shall not be
assigned or transmitted except as part of the business ofthe person concerned.IP/N/1/LKA/C/1
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CHAPTER XVI
Assignment and transmission of patent applications and
patents.
84. (1)  A patent application or pate nt may be assigned Assignment and
or transmitted. transmission of
patent applications
(2) Any person becoming entitled by assignment or and patents.
transmission to a patent app lication or patent may apply
to the Director in the prescribed manner to have suchassignment or transmission recorded in the register.
(3) No such assignment or transmission shall be recorded
in the register unless-
(a) the prescribed fee has been paid to the Director ;
(b)  in the case of an assignment, it is in writing signed
       by or on behalf  of the contracting parties.
(4) No such assignment or tr ansmission shall have effect
against third parties unless so recorded in the register.
85. In the absence of any agreement to the contrary Joint ownership
between the parties, joint owners of a patent application of patentor patent may, separately, assign or transmit their rights in applicationsthe patent application or patent , exploit the patented or patents.
invention and take action against any person exploiting thepatented invention without their consent, but may onlyjointly withdraw the patent  application, surrender the
patent or conclude a licence contract.
CHAPTER XVII
Licence Contracts
86. For the purposes of this Part licen ce contract means Interpretation.
any contract by which the owner of a patent (“thelicensor”) grants to another person or enterprise (“the
licensee”) a licence to do any or all of the acts referredto in section 81 (1) (a) and (3).
87. (1)  A licence contract shall be in writing signed by Form and record
or on behalf of the contractin g parties. of licence contract.IP/N/1/LKA/C/1
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(2) Upon a request in writing signed by or on behalf of
the contracting parties, the Director shall, on payment of
the prescribed fee, record in the register such particularsrelating to the contract as the parties thereto might wishto have recorded :
  Provided that the parties shall not be required to dis-
close or have recorded any ot her particulars relating to the
said contract.
88. (1)  In the absence of any provision to the contrary Rights of
in the licence contract, the licence shall- licensee.
(a) be entitled to do any or all of the acts referred to in
      section 81 (1) (a) and (3) within the whole geogra-      phical area of Sri Lanka, without limitation as to      time and through any application of the patented      invention ;
(b) not be entitled to assign or transmit his rights under
the licence contract or grant sub-licences to thirdparties.
     (2) The provisions of this Chapter shall apply, mutatis
mutandis , to assignments and sub-licences.
89. (1)  In the absence of any provision to the contrary Rights of the
in the licence contract, the licensor may grant further licensor.licences to third parties in respect of the same patent orhimself do any or all of the acts referred to in section 81(1) (a) and (3).
(2) Where the licence contract provides that the licence
is exclusive, and unless it is  expressly provided otherwise
in such contract, the licensor shall not grant further licen-ces to third parties in respect of the same patent or him-self do any of the acts referred to in section 81 (1) (a) and(3).
90. Any clause or condition in a licence contract shall Invalid clauses in
be null and void in so far as it impos es upon the licensee, licence contracts.
in the industrial or commercial field, restrictions not deri-
ved from the rights conferred by this Part on the ownerof the patent, or unnecessary for the safeguarding of suchrights :IP/N/1/LKA/C/1
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  Provided that-
(a) restrictions concerning the scope, extent or duration
of exploitation of the pa tented invention, or the
geographical area in or the quality or quantity ofthe products in connecti on with which the paten-
ted invention may be exploited ; and
(b) obligations imposed upon the licensee to abstain from
all acts capable of prejudicing the validity of thepatent,
shall not be deemed to constitute such restrictions.91. Where, before the expiration of the licence contract, Effect of patent
any of the following events occur in respect of the patent application notapplication or patent referred to in such contract- being granted or
patent being
(a) the patent application is withdrawn ; declared null
and void.
(b) the patent application is finally rejected ;
(c) the patent is surrendered ;
(d) the patent is declared null and void ; or
(e) the registration of the licence contract is invalidated,
the licensee shall no longer be required to make any pay-
ment to the licensor under the licence contract, and shallbe entitled to repayment of the payments already made :
  Provided that the licensor shall not be required to make
any repayment, or shall be re quired to make repayment only
in part, to the extent that he can prove that any such re-payment would be inequitable under all the circumstances,in particular if the licensee has effectively profited fromthe licence.
92. The Director shall- Expiry
termination, or
(a) if he is satisfied that a recorded  licence contract has invalidation of
expired or been terminated, record that fact in the licence contract.register upon a request in writing to that effectsigned by or on behalf of the parties thereto ;IP/N/1/LKA/C/1
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(b) record in the register the expiry, termination or in-
validation of a licence contract under any provisionof this Part.
93. (1)  Where the Director has reasonable cause to Licence contracts
believe that any licence contract or any amendment or re- involving payments
newal thereof- abroad.
(a) which involves the payment of royalties abroad ; or
(b)  which by reason of other circumstances relating to
       such licence contract,
is detrimental to the economic  development of Sri Lanka,
he shall in writing communicate such fact to the Governorof the Central Bank and transmit all papers in his custodyrelevant to a decision on such matter to the Governor ofthe Central Bank.
(2) Where the Governor of the Central Bank on receipt
of any communication under subsection (1) informs theDirector in writing that the said licence contract or anyamendment or renewal thereof is detrimental to the eco-nomic development of Sri La nka the Director shall can-
cel and invalidate the record of such contract in the register.
CHAPTER XVIII
Surrender and Nullity of Patent
94. (1)  The registered owner of a patent may surrender Surrender
the patent by a declaration in writing signed by him or on of patent.his behalf and submitted to the Director.
(2) The surrender may be limited to one or more claims
of the patent.
  (3) The Director shall, on receipt of the said declaration
record it in the register and cause such record to bepublished in the Gazette.
(4) The surrender shall take effect from the date that the
Director receives the said declaration.
(5) Where a licence contract in respect of a patent is re-
corded in the register, the Director shall not, in theIP/N/1/LKA/C/1
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absence of provision to the contrary in such licence con-
tract, accept or record the said surrender except upon re-ceipt of a signed declaration by which every licensee orsub-licensee on record consents to the said surrender, un-less the requirement of his c onsent is expressly waived in
the licence contract.
95. (1)  The Court may on the application of any person Nullity of
showing a legitimate interest, or of any competent autho- patent.rity including the Director, to which the owner of thepatent and every assignee, licensee or sub-licensee on re-cord shall be made party, de clare the patent null and void
on any one or more of the following grounds: -
(a) that what is claimed as an invention in the patent
is not an invention within the meaning of section59 (1), or is excluded from protection under section59 (3) or section 76 (1) or is not patentable becauseit does not comply with the requirements of sec-tions 60 to 63 ; or
(b) that the description or the claims do not comply with
the requirements of section 68 (3) and (4) ; or
(c) that any drawings which are necessary for the under-
standing of the claimed invention have not been
furnished ; or
(d) that the right to the patent does not belong to the
person to whom the patent was granted :
        Provided that the patent has not been assigned to
        The person to whom the right to the patent belongs.
(2) (a)  Where the provisions of subsection (1) apply only
to some of the claims or some  parts of a claim, such claims
or parts of a claim may be declared null and void by thecourt.
     (b)  The nullity of part of a claim shall be declared
in the form of a corresponding limitation of the claim inquestion.
(3) (a)  An assignee, licensee or sub-licensee, as the case
may be, who has been made pa rty to the application under
subsection (1) shall be entitled to join in the proceedingsin the absence of any provision to the contrary in anycontract or agreement with the owner of the patent.IP/N/1/LKA/C/1
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(b) Where the application to Court is on the ground
referred to in subsection (1) (d), the applicant shall givenotice of the application to the person to whom the rightto the patent is alleged to belong.
96. (1)  Upon a final decision of th e Court declaring total Date and
or partial nullity of a patent, the patent shall be deemed effect ofto have been null and void totally or partially, as the case nulity.
may be, from the date of the grant of the patent.
  (2)When a declaration of nullity becomes final the Regis-
trar of the Court shall notify the Director who shall recordthe said declaration in the register and cause it to bepublished in the Gazette.
PART V
MARKS, TRADE NAMES AND UNFAIR COMPETITION
CHAPTER XIX
Definitions
97. For the purposes of this Part, unless the context Definitions.
otherwise requires-
“appellation of origin” mean s the geographical name of
a country, region, or locality, which serves to desig-nate a product originating therein, the quality orcharacteristics of which are due exclusively or es-sentially to the geographical environment, includingnatural and human factors ;
“collective mark” means any visible sign designated as
such and serving to distinguish the origin or anyother common characteristic of goods or servicesof different enterprises which use the mark underthe control of the registered owner ;
“enterprise” means any business, industry or other acti-
vity carried on by an i ndividual, partnership, com-
pany, or co-operative society wherever registeredor incorporated and whether registered or not underany law for the time being in force relating to com-panies, co-operative socie ties or businesses engagedIP/N/1/LKA/C/1
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in or proposing to engage in any business and in-
cludes any business undertaking of the Governmentor any State corporation whether carrying onbusiness in Sri Lanka or otherwise ;
“false trade description”  means a trade description which
is false or misleading in a material respect as re-gards the goods or services to which it is applied,and includes every alteration of a trade descrip-tion, whether by way of addition, effacement, orotherwise, where that alteration makes the des-cription false or misleading in a material respect,and the fact that a trade description is a trade markor part of a trade mark shall not prevent such tradedescription being a false trade description withinthe meaning of this Part ;
“goods” means anything which is the subject of trade,
manufacture or merchandise and includes services ;
“indication of source” means any expression or sign used
to indicate that a product or service originates ina given country or group of countries, region, orlocality ;
“mark” means a trade mark or service mark ;“name” includes any abbreviation of a name ;“person”, “manufacturer, dealer, or trader”, and
“owner” include any body of persons corporate orunincorporate ;
“service mark” means any visible sign serving to dis-
tinguish the services of one enterprise from thoseof other enterprises ;
“trade description” means any description, statement or
other indication, dir ect or indirect-
(a) as to the number, quantity, measure, gauge, or
          weight of any goods ; or
(b) as to the place or country in which any goods
          were made or produced ; orIP/N/1/LKA/C/1
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(c) as to the mode of manufacturing or producing
          any goods ; or
(d) as to the material of which any goods are com-
          posed ; or
(e) as to any goods being the subject of an existing
          copyright, industrial design or patent ; or
(f) as to the quality, kind or nature of the services ; or
(g)  as to the standard of quality of any goods ac-
          cording to a classification commonly used or          recognized in the trade ; or
(h)as to the fitness for purpose, strength, perfor-
          mance or behaviour of any goods,
and the use of any figure, word or mark which,
according to the custom of the trade, is commonlytaken to be an indication of any of the above mat-
ters, shall be deemed to be a trade descriptionwithin the meaning of this Part ;
“trade mark” means any visible sign serving to distin-
           guish the goods of one enterprise from those of           other enterprises ; and
“trade name” means the name or designation identifying
           the enterprise of a natural or legal person.
CHAPTER XX
Admissibility of Marks
98. (1)  The exclusive right to a mark conferred by this Admissibility
Part shall be acquired, subject to  the following provisions, of marks.
by registration.
(2) Registration of a mark may be granted only to the
person who has first fulfilled th e conditions for valid appli-
cation or who is the first validly to claim the earliestpriority for his application.
(3) Provided that they are not inadmissible under sec-
tions 99 and 100 marks may consis t, in particular, of arbi-IP/N/1/LKA/C/1
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trary or fanciful designations , names, pseudonyms, geogra-
phical names, slogans, device s, reliefs, letters, numbers,
labels, envelopes, emblems, pr ints, stamps, seals, vignettes,
selvedges, borders and edging s, combinations or arrange-
ments of colours and shapes  of goods or containers.
99. (1)  A mark shall not be registered- Marks
inadmissible
(a) which consists of shapes or forms imposed by the in- on objective
herent nature of the goods or services or by their grounds.industrial function ;
(b) which consists exclusively of a sign or indication
which may serve, in the course of trade, to desig-nate the kind, quality, qua ntity, intended purpose,
value, place of origin or  time of production, or of
supply, of the goods or services concerned ;
(c) which consists exclusively of a sign or indication
which has become, in the cu rrent language or in the
bona fide and established practices of the trade ofSri Lanka, a customary designation of the goods orservices concerned ;
(d) which, for other reasons, is incapable of distinguish-
ing the goods or services of one enterprise from thoseof other enterprises ;
(e) which consists of any scanda lous design or is contrary
to morality or public order or which, in the opinionof the Director or the Court, is likely to offend thereligious or racial susceptibilities of anycommunity ;
(f) which is likely to mislead trade circles or the public
as to the nature, the source, the manufacturingprocess, the characteristics, or the suitability fortheir purpose, of the goods or services concerned ;
(g) which does not represent in  a special or particular
manner the name of an i ndividual or enterprise ;
(h) which is, according to its ordinary signification, a
geographical name or surname ;IP/N/1/LKA/C/1
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(i) which reproduces or imitates armorial bearings,
flags or other emblems, initials, names or abbre-viated names of any State or any inter-govern-mental international orga nization or any organi-
zation created by international convention, unlessauthorized by the competent authority of thatState or international organization ;
(j) which reproduces or imitates official signs or hall-
marks of a State, unless authorized by the compe-tent authority of that State ;
(k) which resembles in such a way as to be likely to
mislead the public, a mark or a collective mark theregistration of which has expired and has not beenrenewed or where its renunciation, removal or
nullity has been recorded in the register during aperiod of two years preceding the filing of the markin question ;
(l) which consists of any other words or definitions as
may be prescribed.
(2) The Director shall in applying the provisions of
paragraphs (b), (c), (d), (f), (g) and (h), of subsection(1), have regard to all the factual circumstances and, inparticular, the length of time the mark has been in use inSri Lanka or in other countries and the fact that the markis held to be distinctive in  other countries or in trade
circles.
100. (1)  A mark shall not be registered- Marks
inadmissible
(a) which resembles, in such a way as to be likely to by reason of
mislead the public, a mark already validly filed or third-partyregistered by a third party, or subsequently filed rights.
by a person validly claiming priority in respectof the same goods or services or of other goods orservices in connection with which use of such markmay be likely to mislead the public ;
(b) which resembles, in such a way as to be likely to
mislead the public, an unregistered mark usedearlier in Sri Lanka by a third party in connectionwith identical or similar goods or services, if theapplicant is aware, or c ould not have been unaware,
of such use ;IP/N/1/LKA/C/1
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(c) which resembles, in such a way as to be likely to
mislead the public, a trade name already used in SriLanka by a third party,  if the applicant is aware,or could not have been unaware, of such use ;
(d) which constitutes a reproducti on in whole or in part,
an imitation, translation or  transcription, likely to
mislead the public, of a mark or trade name whichis well known in Sri Lanka and belongs to a thirdparty ;
(e) which infringes other third party rights or is contrary
to the provisions of Chapter XXIX relating to theprevention of unfair competition ;
(f) which is filed by the agent or representative of a
third party who is the owner of such mark inanother country, without the authorization of suchowner, unless the agent or representative justifieshis action.
(2) The Director shall, in applying the provisions of
paragraphs (a) to (e) of subsection (1), have regard to thefact that the third parties referred to therein have con-sented to the registration of such mark.
101. There shall not be entered in the register notice Trust not to be
of any trust expressed, implied, or constructive, nor shall entered in
any such notice be receivable by the Director. Register.
CHAPTER XXI
Requirements of Application and Procedure
for Registration
102. (1)  An application for registrati on of a mark shall Requirements of
be made to the Director in the pr escribed form and shall application.
contain-
(a) a request for the registration of the mark ;
(b)  the name, address and de scription of the applicant
      and, if he is reside nt outside Sri Lanka, a postal
      address for service in Sri Lanka ;IP/N/1/LKA/C/1
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(c)  four copies of a representation of the mark ;
(d)  a clear and complete list of the particular goods or
       services in respect of which registration of the       mark is requeste d, with an indication of the
       corresponding class or classes in the international       classification, as may be prescribed.
(2) where the application is filed through an agent, it
shall be accompanied by a power of attorney granted tosuch agent by the applicant :
  Provided that lega lization or certification of the applicant’s
signature shall not be necessary.
103. An applicant for registration of a mark who wishes Right of
to avail himself of the priority of an earlier application Priority.filed in a Convention country shall, within six months of
the date of such earlier app lication, append to his applica-
tion a written declaration indicating the date and numberof the earlier application, the name of the applicant and the
country in which he or his predecessor in title filed such
application and shall, within a period of three months from
the date of the later application filed in Sri Lanka, furnisha copy of the earlier application certified as correct by theappropriate authority of the country where such earlier
application was filed.
104. (1)  An applicant for registration of a mark who has Temporary
exhibited goods bearing the mark or rendered services under protectionthe mark at an official or officially recognized international of markexhibition and who applies for regi stration of the mark exhibited at
within six months from the date on which the goods bearing international
the mark or services under the mark  were first exhibited or exhibition.
rendered at such exhibition shall, on request, be deemed tohave applied for registration of that mark on the date on
which the goods bearing the mark or the services renderedunder the mark were first exhibited or rendered at suchexhibition.
(2) Evidence of the exhibition of the goods bearing the
mark or the services rendered under the mark shall be by acertificate issued by the competent authority of the exhibi-tion stating the date on which the mark was first used atsuch exhibition in connection with such goods or services.IP/N/1/LKA/C/1
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(3) The provisions of subsections (1) and (2) shall not
be entertained unless the prescribed fee has been paid tothe Director.
105. An application for registration of a mark shall not Application
be entertained unless the prescribed fee has been paid to fee.the Director.
106. (1)  The Director shall examine whether the Examination of
application for registration complies w ith sections 102 and application as to
105 and, where applicable, sections 103 and 104. form.
(2) Where the application does not comply with sections
102 and 105, the Director shall refuse registration of themark :
  Provided that the Director shall first notify the applicant
of any defect in the application and shall afford him anopportunity to remedy such defect within three monthsfrom the date of receipt of such notification.
(3) Where the application does not comply with section
103 or 104, the Director shall not, in connection with theregistration of the mark, make any reference to the priorityclaimed.
(4) Where the application complies with sections 103 and
104, the Director shall in connection with the registrationof the mark record the priority  claimed or the date of the
certified use of the mark at an international exhibition.
(5) Where the Director refuses to register a mark, he
shall, if required by the applicant, state in writing thegrounds of his decision.
107. (1)  Where the application complies with sections Registration of
102 and 105, the Director shall examine the mark in mark after furtherrelation to the provisions of s ections 99 and 100. examination and
publication of mark.
(2) Where the mark is inadmissible under section 99 or
100  the Director shall notify the applicant accordingly
stating in writing the grounds on which registration of themark is refused.
(3) Where the applicant is dissatisfied with all or any of
the grounds stated by the Dir ector in the notification re-
ferred to in subsection (2) he may, within a period of oneIP/N/1/LKA/C/1
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month from the date of such  notification, make his sub-
missions in writing to the Director against such refusal.
(4) On receipt of any such submissions the Director may
grant the applicant a hearing and inform him of the dateand time of such hearing.
(5) The Director may, after such inquiry as he thinks
fit, refuse to accept the app lication for registration of the
mark, or may accept it absolute ly or subject to conditions,
amendments or modifications, or to such limitations, if any,as to the mode or place of user or otherwise as he maythink fit to impose.
(6) In case of any refusal or conditional acceptance of
an application for registration of a mark, the Director shall,
if required by the applicant, state in writing the groundsof his decision.
(7) Where the Director is of  the opinion that the mark
is admissible under section 99 or 100 he may request the
applicant to pay within a period of two months the pres-cribed fee for publication of the application.
(8) Where the fee for publication of the application is
not paid within the prescribed period registration of themark may be refused.
(9) If the fee for publication is paid within the prescribed
period the Director shall proceed to publish the applica-tion setting out the date of application, the representa-
tion of the mark, the goods or services in respect of whichregistration of the mark is requested with an indication ofthe corresponding class or classes, the name and addressof the applicant and, if the applicant is resident outsideSri Lanka, a postal address for service in Sri Lanka, thepriority claimed, if any, or th e date of certified use of the
mark at an international exhibition.
(10) Where any person considers that the mark is inadmis-
sible on one or more of the grounds referred to in section99 or 100 he may, within a period of three months from thedate of publication of the app lication, give to the Director
in the prescribed form, and together with the prescribedfee, notice of opposition to such registration stating hisgrounds of opposition.IP/N/1/LKA/C/1
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(11) Where notice of opposition has not been received by
the Director within the peri od specified in subsection (10)
the Director shall register the mark.
(12) Where, within the period specified in subsection (10)
notice of opposition in the pres cribed form is received by
the Director, together with the prescribed fee, he shallserve a copy of such grounds of opposition on the applicantand shall request him to pres ent his observations on those
grounds in writing within a period of three months.
(13) On receipt of the observations of the applicant the
Director shall after hearing the parties, if he considers suchhearing necessary, decide, as expeditiously as possible,whether or not the mark may be registered.  If he decidesthat the mark is registrable he shall accordingly registersuch mark.
(14) The Director may allow a reasonable extension of
the prescribed period within which any act has to be doneor any fee has to be paid under this section.
108. Where, by reason of default on the part of the Non-completion
applicant, registration of a mark is not completed within of registration.twelve months from the date of  receipt by the Director of
the application, the Director may, after giving notice of
non-completion to the applicant in writing in the prescribedform, treat the application as abandoned, unless it is com-pleted within the time specified in that behalf in suchnotice.
109. (1)  The Director shall keep and maintain a register Register of marks
called the Register of Marks wherein shall be recorded, in and issue ofthe order of their registration, all registered marks and certificate.such other matters relating to marks as are authorized ordirected by this Part to be so recorded or may from timeto time be prescribed.
(2) The registration of a mark shall include a represen-
tation of the mark and shall specify its number, the name
and address of the registered owner and, if the registeredowner’s address is outside Sr i Lanka, a postal address for
service in Sri Lanka ; the da tes of application and regis-
tration ; if priority is validly  claimed, an indication of that
fact and the number, date a nd country of the application
on the basis of which the priority is claimed ; if a validcertificate has been filed relating to the use of a mark atIP/N/1/LKA/C/1
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an international exhibition, the contents of such certificate ;
the list of goods and services in respect of which registra-tion of the mark has been granted with an indication of thecorresponding class or classes.
(3) Upon the registration of a mark the Director shall
issue to the registered owner thereof a certificate of regis-tration and shall, at the request of the registered owner,send such certificate to him by registered post at hislast recorded postal address in Sri Lanka or, if he is resi-
dent outside Sri Lanka, at his last recorded postal addressfor service in Sri Lanka.
110.  The Director shall cause to be published in the Publication
Gazette,  in the prescribed form, all registered marks in the of registered
order of their registration, including in respect of each marks.mark so published reference to  such particulars as may be
prescribed.
111. Any person may examine the register and may Examination of
obtain certified extracts therefrom on payment of the register andprescribed fee. certified copies.
112. Where application is made for the registration of a Associated
mark identical with or so closely resembling a mark of the marks.applicant already on the register for the same goods ordescription of goods as to be likely to mislead or causeconfusion if used by a person other than the applicant, theDirector may require as a condition of registration that
such marks shall be entered on the register as associatedmarks.
113. Associated marks shall be assignab le or transmissi- Assignment and
ble only as a whole and not separately, but they shall for user of associated
all other purposes be deemed to have been registered as marks.spearate marks :
  Provided that where under the provisions of this Part
user of a registered mark is required to be proved for anypurpose, the Director may, if and so far as is consideredright, accept user of an associated registered mark, or ofthe mark with additions or alterations not substantially
affecting its identity, as an equivalent for such user.IP/N/1/LKA/C/1
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CHAPTER XXII
Duration of Registration
114. (1)  Subject and without prejudi ce to other provi- Duration of
sions of this Part, registration of a mark shall expire ten registration.
years after the date of registration.
(2) A mark when registered shall be registered as of the
date of receipt by the Director of the application for regis-tration, and such date  shall be deemed for the purposes of
this Part to be the date of registration.
115. (1)  Registration of a mark may be renewed for Renewal.
consecutive periods of ten years each on payment of theprescribed fee.
(2) Renewal of registration of a mark shall not be sub-
ject to any further examination of the mark by the Directoror to opposition by any person.
  (3)  The renewal fee shall be paid within the twelve
months preceding the date of expiration of the period ofregistration :
  Provided, however, that a period of grace of six months
shall be allowed for the payment of the fee after the dateof such expiration, upon payment of such surcharge as maybe prescribed.
(4)The Director shall record in the register and cause
to be published in the Gazette  in the prescribed form all
renewals of registration stating any elimination from thelists of goods or services.
  (5)  Where the renewal fee has not been paid within such
period or such extended period specified in subsection (3),
the Director shall remove the mark from the register.
116. The registered owner of any mark may apply in Alteration of
the prescribed manner to the Director for leave to add registered mark.to or alter such mark in any manner not substantially
affecting the identity of the same, and the Director mayrefuse such leave or may grant the same on such termsand subject to such limitations as to mode or place of useras he may think fit.  If leave be granted, the mark asaltered shall be published in the prescribed manner.IP/N/1/LKA/C/1
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CHAPTER XXIII
Rights of registered owner of mark
117. (1)  Subject and without prej udice to other provi- Rights of
sions of this Part, the registered ow ner of a mark shall registered owner.
have the following exclusive rights in relation to themark : -
(a) to use the mark ;
(b) to assign or transmit the registration of the mark ;
(c) to conclude licence contracts.
  (2)  Without the consent of the registered owner of
the mark third parties are precluded from the followingacts : -
(a) any use of the mark, or of a sign resembling it, in
      such a way as to be likely to mislead the public,
for goods or services in respect of which the markis registered, or for other goods or services inconnection with which the use of the mark orsign is likely to mislead the public ; and
(b) any other use of the mark, or of a sign or trade
name resembling it, wit hout just cause and in
conditions likely to be prejudicial to the interestsof the registered owner of the mark.
(3) The application (whether by way of printing,
painting or otherwise) or the affixing in Sri Lanka by athird party, of a mark or any sign resembling such mark insuch a way as to be likely to mislead the public, on or inconnection with, goods in resp ect of which such mark has
been registered (whether such goods are intended for salein Sri Lanka or for export from Sri Lanka) shall be deemedto be an act prohibited under subsection (2).
118. The registration of the mark shall not confer on its Limitation of
registered owner the right to preclude third parties- registered
owner’s rights.IP/N/1/LKA/C/1
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(a) from using bona fide their na mes, addresses, pseudo-
 nyms, a geographical name, or exact indications
concerning the kind, qualit y, quantity, destination,
value, place of origin or time of production or ofsupply of their goods and services, in so far assuch use is confined to the purposes of mereidentification or information and cannot misleadthe public as to the source of the goods orservices ;
(b) from using the mark in relation to goods lawfully
manufactured, imported, offered for sale, sold, usedor stocked in Sri Lanka  under that mark, pro-
vided that such goods have not undergone anychange.
CHAPTER XXIV
Assignment and Transmission of Applications and
Registrations
119. (1)  An application for registration or the registration Assignment and
of a mark may be assigned or transmitted independently transmission ofof the transfer of all or part of th e enterprise using the applications and
mark, in respect of all or  part of the goods or services for registrations.
which the application was filed or the mark registered.
(2) Such assignment or trans mission shall be invalid if
the purpose or effect thereof is to mislead the public, inparticular in respect of th e nature, source, manufacturing
process, characteristics or suitability for their purpose ofthe goods or services to which the mark is applied.
(3) Any person becoming entitled by assignment or
transmission to an application for registration or theregistration of a mark may apply to the Director in theprescribed manner to have such assignment or transmis-sion recorded in the register.
(4) No such assignment or transmission shall be recorded
in the register unless-
(a) the prescribed fee has been paid to the Director ;
(b)  in the case of an assignment, it is in writing signed
         by or on beha lf of the contracting parties.IP/N/1/LKA/C/1
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(5) No such assignment or tr ansmission shall have effect
against third parties unless so recorded in the register.
CHAPTER XXV
Licence Contracts
120. (1)  For the purposes of this Pa rt licence contract Interpretation.
means any contract by which the registered owner of amark (“the licensor”) grants to another person or enter-prise (“the licensee”) a licence to use the mark for all orpart of the goods or services in respect of which the markis registered.
(2) Use of the mark by the licensee shall be deemed to
be use of the mark by the registered owner.
121. (1)  A licence contract shall be in writing signed by Form and record
or on behalf of the contractin g parties. of licence contract.
(2) Upon a request in writing signed by or on behalf of
the contracting parties, the Director shall, on payment of
the prescribed fee, record in the register such particularsrelating to the contract as the parties thereto might wishto have recorded :
  Provided that the parties shall not be required to dis-
close or have recorded any ot her particulars relating to the
said contract.
122. (1)  In the absence of any provision to the contrary Rights of
in the licence contract, the licensee shall- licensee.
(a) be entitled to use the mark within the whole geo-
    graphical area of Sri Lanka, during the whole    period of registration of the mark, including rene-    wals, in respect of all the goods or services for    which the mark is registered ;
(b) not be entitled to assign or transmit his rights under
          the licence contract or grant sub-licences to third          parties.
(2) The provisions of this Chapter shall apply, mutatis
mutandis , to assignments and sub-licences.IP/N/1/LKA/C/1
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123. (1)  In the absence of any provision to the contrary Rights of
in the licence contract, the licensor may grant further licensor.licences to third parties in respect of the same mark orhimself use the mark.
(2) Where the licence contract provides that the licence
is exclusive, and unless it is  expressly provided otherwise
in such contract, the licensor shall not grant furtherlicences to third parties in respect of the same mark or him-self use the mark.
124. (1)  A licence contract shall be null and void in the Nullity of licence
absence of stipulations ensuring ef fective control by the contract and
licensor of the quality of the goods or services in respect of certain clauses.
which the mark may be used.
(2) Any clause or condition in a licence contract shall
be null and void in so far as it imposes upon the licenseerestrictions not derived from the rights conferred by thisPart on the registered owner of the mark, or unnecessaryfor the safeguarding of such rights :
  Provided that-
(a) restrictions concerning th e scope, extent, duration of
 use of the mark or the geographical area in or the
quality or quantity of the goods or services inconnection with which the mark may be used ;
(b) restrictions justified by the stipulations referred to
in subsection (1) ; and
(c) obligations imposed upon the licensee to abstain from
all acts capable of prejudicing the validity of theregistration of the mark,
shall not be deemed to constitute such restrictions.125. The Court may on the applicati on of any person Cancellation
showing a legitimate interest, or of any competent autho- of licencerity including the Director, to wh ich the registered owner contracts.
of the mark and every assignee, licensee or sub-licensee onrecord shall be made party, annul  and cancel the said contract if-IP/N/1/LKA/C/1
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(a) the licensor has lost effective control over the
     quality of the goods or services in respect of which
the mark is used ;
(b) the licensee has used the mark in such a way as to
mislead or confuse the public.
126. (1)  Where the Director has reasonable cause to Licence contracts
believe that any licence contract or  any amendment or involving payments
renewal thereof- abroad.
(a) which involves the payment of royalties abroad ; or
(b)  which by reason of other circumstances relating to
such licence contract ;
is detrimental to the econo mic development of Sri Lanka
he shall in writing communicate such fact to the Governorof the Central Bank and transmit all papers in his custodyrelevant to a decision on such matter to the Governor ofthe Central Bank.
(2) Where the Governor of the Central Bank on receipt
of any communication under subsection (1) informs theDirector in writing that the said licence contract or anyamendment or renewal thereof is detrimental to the econo-
mic development of Sri Lanka  the Director shall cancel
and invalidate the record of such contract in the Register.
127. Where, before the expiration of the licence contract, Effect of nullity
the registration is declared null and void the licensee shall of registration on
no longer be required to make any payment to the licensor licence contract.under the licence contract, and shall be entitled to repay-
ment of the payments already made :
  Provided that the licensor shall not be required to make
any repayment, or shall be required to make repayment
only in part, to the extent that he can prove that any suchrepayment would be inequ itable under all the circums-
tances, in particular if the licensee has effectively profitedfrom the licence.
128.  The Director shall- Expiry,
termination or
(a) if he is satisfied that a recorded  licence contract has invalidation of
expired or been terminated, record that fact in the licence contract.IP/N/1/LKA/C/1
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register upon a request in writing to that effect
signed by or on behalf of the parties thereto ;
(b) record in the register the expiry, termination,
annulment or invalidation of a licence contractunder any provision of this Part.
CHAPTER XXVI
Renunciation and Nullity of Registration
129.  (1)  The registered owner of a mark may renounce Renunciation of
the registration, either wholly or in respect of part of the registration.
goods or services for which the mark is registered, by adeclaration in writing signed by him or on his behalf andsubmitted to the Director.
(2) The Director shall, on receipt of the said declaration,
record it in the register and cause such record to be pub-lished in the Gazette.
(3) The renunciation shall take effect from the date that
The Director receives the said declaration.
(4) Where a licence contract in respect of a mark is
recorded in the register the Director shall not, in theabsence of provision to the contrary in such licencecontract, accept or record the said renunciation exceptupon receipt of a signed declaration by which any assignee,licensee or sub-licensee on record consents to the renuncia-tion, unless his consent is expressly waived in the licencecontract.
130. (1)  The Court may on the application of any person Nullity of
showing a legitimate interest, or of any competent authority registration.including the Director, to which the registered owner ofthe mark and every assignee, licensee or sub-licensee on
record shall be made party, declare the registration of the
mark null and void if its registration is precluded underthe provisions of sections 99 and 100 :
  Provided, however, that grounds of nullity which do not
exist at the date of the app lication to Court shall not be
taken into account.IP/N/1/LKA/C/1
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(2) Where the grounds for nullity of registration of the
mark exist in respect of only part of the goods or servicesfor which the mark is registered, nullity of the registrationshall be declared for that part only of such goods or services.
(3) An application for a declaration of nullity based on
any of the grounds specified in section 100 (1) shall be madewithin five years from the date of registration of the mark.
131. (1)  Upon a final decision of the C ourt declaring total Date and effect
or partial nullity of registration of a mark, the registration of nullity.shall be deemed to have been  null and void totally or par-
tially, as the case may be, from the date of such registration.
(2) When a declaration of nullity becomes final the Regis-
trar of the Court shall notify the Director who shall recordthe said declaration in the register and cause it to be pub-lished in the Gazette.
CHAPTER XXVII
Removal of mark
132.  (1)  The Court may on the applica tion of any person Removal of mark.
showing a legitimate interest, or of any competent authorityincluding the Director, to which the registered owner ofthe mark and every assignee, licensee or sub-licensee onrecord shall be made party, remove any registered markfrom the register : -
(a) if the registered owner has, without valid grounds,
failed to use the mark within Sri Lanka or causeit to be used within Sri Lanka by virtue of a licence,during five consecutive years immediately preced-ing the date of the application to Court ;
(b) if the registered owner has caused, provoked or tole-
rated the transformation of the mark into a genericname for one or more of the goods or services inrespect of which the mark is registered so that intrade circles and in the eyes of the public its signi-ficance as a mark has been lost.
(2) In any application under subsection (1) (a) the Court
may take into account the fact that non-use of the mark wasdue to circumstances beyond the control of the registeredIP/N/1/LKA/C/1
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owner.  The Court shall not take into account the lack of
funds of the registered owner as a ground for non-use ofthe mark.
(3) The use of a mark-
(a) in a form differing, in elements which do not alter
  the distinctive character of the mark, from the form  in which it was registered shall not be a ground for  removal of the mark ;
(b) in connection with one or more of the goods or ser-
  vices belonging to any given class in respect of  which the mark is registered, shall suffice to pre-  vent the removal of the mark in respect of all the
  other goods or services of the same class.
133. Upon a final decision of the Cour t removing any Date and effect
registered mark from the register- of removal of
mark.
(1) the Court may, taking into account the date of the
  events and other circumstances which occasion the  removal of the mark, de termine the date on which
  the registration of the mark shall be deemed to  have ceased to have any legal effect ;
(2) the Registrar of the Court shall communicate the
  decision of the Court to the Director who shall, if  the Court decides that the mark be removed, enter  in the register a record of such removal and cause  the decision of the Court to be published in the  Gazette.
CHAPTER XXVIII
Collective marks
134.   Sections 102, 116, 118, 119, and 129 to 133 of this Part Collective
shall apply to collective marks. marks.
135. (1)  An application for registration of a collective Application for
registration of
mark shall not be filed unless in the said application the collective mark.mark is designated as a collective mark and unless theapplication is accompanied by a copy of such conditions asIP/N/1/LKA/C/1
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may be prescribed governing the use of the mark duly
certified by the applicant.
(2)The conditions prescribed under subsection (1) shall
define the common characteristics or quality of the goods orservices which the collective mark shall designate and theconditions in which and the pe rson by whom it may be used.
They shall also provide for the exercise of effective controlof the use of the mark and shall specify proper sanctions
for the use of the mark contrary to the said conditions.
136. (1)  Registration of a collective mark shall be in such Registration and
part of the register as the Director  may decide and a copy publication of
of the conditions governing the use of the mark shall be collective marks.appended to the registration.
(2) The publication of an application for a collective mark
in accordance with section 107 (9) shall include a summaryof the conditions to be appended to the registration.
(3) When so registered under subsection (1) a collective
mark shall be deemed in all respects to be a registeredmark.
137. (1)  The registered owner of a collective mark shall Changes in
notify the Director in the prescribed manner of any changes conditions governingeffected in the conditions governing th e use of the mark. use of collective
mark.
(2) Any notification of such change shall be recorded in
the register on payment of the prescribed fee.  Any changein the conditions shall be effectual only if they have beenso recorded.
(3) The Director shall cause to be published in the
Gazette  a summary of the changes so recorded in the
register.
138. The provisions of sections 117 to 133 shall apply, Use of collective
mutatis mutandis,  to collective marks. marks and other
matters.IP/N/1/LKA/C/1
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CHAPTER  XXIX
Trade Names and Unfair Competition
139. A name or designation shall not  be admissible as a Prohibited
trade name if, by reason of its nature  or the uses to which trade names.
it may be put, it is contrary to morality or public order or
is likely to offend the religious or racial susceptibilities ofany community or is likely to mislead trade circles or thepublic as to the nature of the enterprise identified by thatname.
140. (1)  Notwithstanding the provisions of any written Protection of
law providing for the registration of a trade name, such trade names.name shall be protected, even prior to or without registra-
tion, against any unlawful act committed by a third party.
(2) Any subsequent use of a trade name by a third party,
whether as a trade name or as a trade mark, service markor collective mark or any such use of a similar trade name,trade mark, service mark or collective mark likely tomislead the public shall be deemed unlawful.
(3) Section 118 of this Part sh all apply to trade names.
141. (1)  A trade name may be assigned or transmitted Assignment and
together with the assignment or transmission of the enter- transmission ofprise or part of the enterprise id entified by that name. trade names.
(2) The provisions of section 119 shall apply, mutatis
mutandis,  to trade names.
142. (1)  Any act of competition contrary to honest Unfair
practices in industrial or commerc ial matters shall consti- competition.
tute an act of unfair competition.
(2) Acts of unfair competition shall include the
following :-
(a) all acts of such a nature as to create confusion by any
means whatsoever with the establishment, thegoods, services, or the industrial or commercialactivities of a competitor ;IP/N/1/LKA/C/1
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(b) a false allegation in the course of trade of such a
nature as to discredit the establishment, the goods,services or the industria l or commercial activities
of a competitor ;
(c) any indication of source or appellation of origin the
use of which in the course of trade is liable tomislead the public as to the nature, manufacturingprocess, characteristics, suitability for their purposeor the quantity of goods ;
(d) making direct or indirect use of a false or deceptive
indication of the source of goods or services or ofthe identity of their producer, manufacturer orsupplier ;
(e) making direct or indirect use of a false or deceptive
appellation of origin or imitating an appellation oforigin even if the true origin of the product isindicated, or using the appellation in translatedform or accompanied by terms such as “kind”,“type”, “mark”, “imitation” or the like.
  (3)  Any person or association of producers, manufacturers
or traders aggrieved by any of the acts referred to insubsection (2) may institute proceedings in Court toprohibit the continuance of such acts, and the provisions ofChapter XXXII relating to infringements shall apply,mutatis mutandis,  to such proceedings.
PART VI
OFFENCES AND PENALTIES
CHAPTER  XXX
143. Any person who makes or causes to be made a false Falsification of
entry in any of the registers kept under this Code, or a entries in anywriting falsely purporting to be a copy of an entry in any register.such register, or produces, or tenders, or causes to beproduced or tendered in evidence any such writing, knowingthe entry or writing to be false shall be guilty of an offenceand shall be liable on conviction after trial to imprisonment
for a term not exceeding seven years.IP/N/1/LKA/C/1
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144. (1)  Any person who wilfully infringes any of the Infringement of
rights protected under Part II of th is Code shall be guilty copyright.
of an offence and shall be liable on convicti on after trial
before a Magistrate to a fine not exceeding twenty thousandrupees or to imprisonment for a term not exceeding sixmonths or to both such fine and such imprisonment, and inthe case of a second or subseq uent conviction the above fine
or term of imprisonment or both may be doubled.
(2) The Magistrate may, whether the alleged offender
is convicted or not, order that all copies of the work and all
implements used for the infringement, or all plates in thepossession of the alleged offe nder, which appear to him
to be infringing copies or pl ates for the purpose of making
infringing copies, shall be dest royed or delivered up to the
owner of the copyright, or otherwise dealt with as theMagistrate may think fit.
145. Any person who wilfully infringes the rights of Infringement of
any registered owner, assignee or licensee of an industrial industrial designs.design shall be guilty of an offence and shall be liable on
conviction after trial before a Magistrate to a fine not ex-
ceeding twenty thousand rupees or to imprisonment for aterm not exceeding six months or to both such fine andsuch imprisonment, and in the case of a second or sub-sequent conviction the above fi ne or term of imprisonment
or both may be doubled.
146. (1)  Any person who, for industrial or commercial False
purposes, makes a repres entation- representations
regarding
(a) with respect to an industria l design not being a industrial
         registered industrial design to the effect that it is designs.         a registered industrial design ;
(b) to the effect that a registered industrial design is
         registered in respect of any products in respect of         which it is not registered ; or
(c) to the effect that the registration of an industrial
         design gives an exclusive right to the use thereof          in any circumstances in which, having regard to          limitations recorded in the register, the registration          does not give that right,
shall be guilty of an offence,  and shall be liable on convic-
tion after trial before a Magistrate to a fine not exceedingIP/N/1/LKA/C/1
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twenty thousand rupees or to imprisonment for a term not
exceeding six months or to both such fine and suchimprisonment.
(2) A person shall be deemed to represent that an
industrial design is registered if he uses in connection with
the industrial design the word “registered”, or any wordor words expressing or implying that registration has beenobtained for the industrial design.
147. Any person who wilfully infringes the rights of any Infringement
registered owner, assignee or licens ee of a patent shall be of patents.
guilty of an offence, and sha ll be liable on conviction after
trial before a Magistrate to a fine not exceeding twentythousand rupees or to impris onment for a term not exceed-
ing six months or to both such fine and such imprisonment,and in the case of a second or subsequent conviction theabove fine or term of impri sonment or both may be doubled.
148. (1)  Any person who, for industrial or commercial False
purposes, makes a repres entation- representations
regarding
(a) with respect to a patent not be ing a registered patent patents.
     to the effect that it is a registered patent ;
(b) to the effect that a registered patent is registered in
respect of any product or process in respect ofwhich it is not registered ; or
(c) to the effect that the registration of a patent gives
an exclusive right to the use thereof in any circums-tances in which, having regard to limitationsrecorded in the register, the registration does notgive that right,
shall be guilty of an offence,  and shall be liable on convic-
tion after trial before a Magistrate to a fine not exceedingtwenty thousand rupees or to imprisonment for a term notexceeding six months or to both such fine and suchimprisonment.
(2) A person shall be deemed to represent that a patent
is registered if he uses in connection with the patent the
word “registered”, or any word or words expressing orimplying that registration has been obtained for the patent.IP/N/1/LKA/C/1
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149. Any person who being or having been employed in Unlawful
or at the Office, communicates any information relating disclosure ofto patents or matters connected th erewith obtained by him information
during the course of his employment  in or at the Office relating to
to any person not entitled or authorized to receive such patents.information, or discloses such  information to the public or
makes any other unlawful use of such information shallbe guilty of an offence, a nd shall be liable on conviction
after trial before a Magistrate to a fine not exceeding twentythousand rupees or to impris onment for a term not exceed-
ing twelve months or to both such fine and suchimprisonment.
150. Any person who wilfully infringes the rights of any Infringement
registered owner, assignee or licensee of a mark shall be of marks.guilty of an offence, and sha ll be liable on conviction after
trial before a Magistrate to a fine not exceeding twentythousand rupees or to impri sonment for a term not excee-
ding six months or to both such fine and such imprisonmentand in the case of a second or subsequent conviction theabove fine or term of impri sonment or both may be doubled.
151. (1)  Any person who, for industrial or commercial False
purposes, makes a repres entation- representations
regarding marks.
(a) with respect to a mark not being a registered mark
to the effect that it is a registered mark ;
(b) to the effect that a registered mark is registered in
respect of any goods or services in respect of whichit is not registered ; or
(c) to the effect that the registration of a mark gives
an exclusive right to the use thereof in any cir-cumstances in which, having regard to limitationrecorded in the register, the registration does notgive that right,
shall be guilty of an offence and shall be lia ble on conviction
after trial before a Magistrate to a fine not exceeding twentythousand rupees or to impris onment for a term not exceed-
ing six months or to both such fine and such imprisonment.
(2) A person shall be deemed to represent that a mark is
registered if he uses in connection with the mark the word“registered”, or any word or words expressing or implyingthat registration has been obtained for the mark.IP/N/1/LKA/C/1
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152. (1)  Any person who- Other
offences as to
(a) forges any mark ; or marks and trade
descriptions.
(b)  falsely applies to goods any mark or marks so nearly       resembling a registered mark as to be likely to
mislead ; or
(c)  makes any die, block, machine, or other instrument
for the purpose of forging, or being used for forging,a mark ; or
(d)  applies any false trade description to goods ; or(e)  disposes of, or has in his possession, any die, block,
     machine, or other instrument for the purpose of
forging a mark ; or
(f)  cause to be done any of the things referred to above
in this subsection,
shall, subject to the provisions  of this Part, and unless he
proves that he acted without intent to defraud, be guilty
of an offence.
(2) Any person who sells or exposes for, or has in his
possession for, sale, or any purpose of trade or manufacture,any goods or things to which any forged mark or false tradedescription is applied, or to which any mark so nearly re-
sembling a registered mark as to be likely to mislead, isfalsely applied, as the case ma y be, shall, unless he proves-
(a) that having taken all reasonable precautions against
    committing an offence he had at the time of the
commission of the alleged offence no reason to sus-pect the genuineness of the mark, or trade descrip-tion ; and
(b) that on demand made by or  on behalf of the pro-
secutor he gave all the information in his powerwith respect to the persons from whom he obtainedsuch goods or things ; or
(c) that otherwise he had acted innocently,
be guilty of an offence.IP/N/1/LKA/C/1
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(3) Any person who imports any piece-goods ordinarily
sold by length or by the piece, manufactured beyond thelimits of Sri Lanka, or who sells or exposes for, or has inhis possession for, sale, or any purpose of trade, any piece-goods ordinarily sold as aforesaid, whether manufacturedwithin or beyond the limits of  Sri Lanka, which have not
conspicuously stamped in English numerals on each piecethe length thereof in standard metres, or in standard metresand a fraction of such a metre, according to the real lengthof the piece, shall be guilty of an offence :
  Provided that nothing in this subsection contained shall
apply to any piece-goods manufactured within the limits ofSri Lanka by hand labour only.
(4) Any person found guilty of an offence under this
section after trial before a Magistrate shall be liable onconviction to a fine not exceeding twenty thousand rupeesor to imprisonment for a term not exceeding two years orto both such fine and such imprisonment, and  in the case ofa second or subsequent convicti on the above fine or term of
imprisonment or both may be doubled.
(5) The Magistrate may, whether the alleged offender is
convicted or not, order that ev ery chattel, article, instrument
or thing by means of or in relation to which the offencehas or might have been committed shall be destroyed ordeclared forfeit to the State or otherwise dealt with as hemay think fit.
153. Where an offence under this Code has been Offences by
committed by a body corporate, every person who at the bodies corporate.time of the commission of the offence was a director, generalmanager, secretary or other similar officer of that body orwas obliged to act in any such capacity, shall be deemedto be guilty of such offenc e, unless he proves that the
offence was committed without his consent or connivance
and that he exercised all due diligence to prevent thecommission of the offence having regard to the nature ofhis functions in that capacity and to all the circumstances.
154. For the purposes of this Part, the definitions Interpretation.
contained in section 97 shall a pply, unless the context other-
wise requires.IP/N/1/LKA/C/1
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155. (1)  The provisions of this Pa rt respecting the False name or
application of a false trade descri ption to goods, or respec- initials.
ting goods to which a false trade description is applied, shallextend to the application to goods-
(a) of any such figures, words, marks or arrangement or
combination thereof, whether including a regis-tered mark or not, as are likely to lead persons tobelieve that the goods are the manufacture ormerchandise of some person other than the personwhose manufacture or merchandise they really are ;
(b) of any false name or initials of a person and to goods
with the false name or initials of a person applied,in like manner as if such name or initials were atrade description, and for the purposes of this Partthe expression “false name or initials” means, asapplied to any goods, any name or initials of a
person which-
(i)    are not a mark, or part of a mark; and(ii)  are identical with, or a colourable imitation of,
       the name or initials of a person carrying on
business in connection with goods of the samedescription, and not having authorized the useof such name or initials ; and
(iii) are either those of a fictitious person or of some
person not bona fide carrying on business inconnection with such goods.
  (2)  A trade description which denotes or implies that
there are contained in any goods to which it is applied moremetres or standard metres than there are contained therein,is a false trade description.
156. A person shall be deemed to forge a mark who Forging marks.
either-
(a) without the assent of the owner of the mark makes
that mark, or a mark so nearly resembling thatmark as to be likely to mislead ; or
(b) falsifies any genuine mark, whether by alteration,
addition, effacement or otherwise,IP/N/1/LKA/C/1
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and any mark so made or falsified is in this Part referred
to as a forged mark :
  Provided that in any prosecution for forging a mark the
burden of proving the assent of the owner shall lie on the
accused.
157. (1)  A person shall be deemed to apply a mark or Applying marks
trade description to goods who- and descriptions.
(a) applies it to the goods themselves ; or
  (b)  applies it to any covering, label, reel or other thing
in or with which the goods are sold or exposed, orhad in possession for any purpose of sale, trade, ormanufacture ; or
(c)  places encloses, or annexes any goods which are sold
or exposed, or had in possession for any purpose ofsale, trade, or manufacture, in, with, or to anycovering, label, reel, or other thing to which a mark
or trade description has been applied ; or
(d)  uses a mark, or trade description in any manner likely
to lead to the belief that the goods in connectionwith which it is used are designated or describedby that mark, or trade description.
(2) The expression “covering” includes any stopper,
cask, bottle, vessel, box, cover, capsule, case, frame, or wrap-per ; and the expression “label ” includes any band or ticket.
(3) A mark, or trade description shall be deemed to be
applied whether it is wove n, impressed, stamped, branded,
or otherwise worked into or annexed, or affixed to the goods,or any covering, label, reel, or other thing.
(4) A person shall be deemed to falsely apply to goods a
mark who, without the assent of the owner of a mark, ap-
plies such mark or any mark so nearly resembling it as tobe likely to mislead, but in any prosecution for falsely ap-plying a mark to goods the burden of proving the assentof the owner shall lie on the accused.
158. Where a person is charged with making any die, Exemption of
block, machine, or other instrument fo r the purpose of forg- certain persons
ing or being used for forging, a mark, or with falsely employed inIP/N/1/LKA/C/1
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applying to goods any mark or any mark so nearly ordinary course
resembling a mark as to be likely to mislead, or with of business.applying to goods any false trade description or causingany of the things in this section mentioned to be done, andproves-
(a) that in the ordinary course  of his business he is em-
ployed, on behalf of other persons, to make dies,blocks, machines, or other instruments for making,or being used in making, marks, or as the case maybe, to apply marks or descriptions to goods and thatin the case which is the subject of the charge hewas so employed by some person resident in SriLanka, and was not interested in the goods by wayof profit or commission de pendent on the sale of
such goods ; and
(b) that he took reasonable precautions against commit-
ting the offence charged ; and
(c) that he had, at the time of the commission of the
alleged offence, no reason to suspect the genuine-ness of the mark or trade description ; and
(d) that he gave to the prosecutor all the information in
his power with respect to the person on whose be-half the mark or de scription was applied,
he shall be discharged fro m the prosecution, but shall be
liable to pay the costs incurred by the prosecutor unlesshe has given due notice to him that he will rely on the above
defence.
159. Where a watch case has thereon any words or Watches.
marks which constitute, or are by common repute consi-dered as constituting, a description of the country in whichthe watch was made, and the watch bears no description
of the country where it was made, those words or marksshall, prima facie, be deemed to be a description of thatcountry within the meaning of this Part, and the provisionsof this Part with respect to goods to which a false tradedescription has been applied, and with respect to selling orexposing for, or having in possession for, sale, or any pur-pose of trade or manufacture, goods with a false trade des-cription, shall apply accordingly, and for the purposes ofthis section the expression “watch” means all that portionof a watch which is not the watch case.IP/N/1/LKA/C/1
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160. In any indictment, charge, proceeding, or document Mark how
in which any mark or forged mark is intended to be  men- described in
tioned, it shall be sufficient, without  further description and pleading.
without any copy or facsimile, to state that mark or forgedmark to be a mark or forged mark.
161. In any prosecution for an offence under this Part- Rules as to
evidence.
(a) an accused, and his wife or her husband, as the case
may be, may, if the accused thinks fit, be called as awitness, and, if called, sha ll be sworn and examined,
and may be cross-examined and re-examined inlike manner as any other witness ;
(b) in the case of imported goods evidence of the port
of shipment shall be prime facie evidence of theplace or country in which the goods were made orproduced.
162. Any person who, being within Sri Lanka, abets the Punishment of
commission, outside Sri Lanka, of any act which, if com- accessories.mitted within Sri Lanka, w ould under this Part be an
offence, shall be deemed guilty of that offence, and be liable
to be indicted, proceeded ag ainst, tried and convicted in
any district or place in Sri Lanka in which he may be asif the offence had been there committed.
163. (1)  Where, upon information of an offence under Search warrant.
this part, a Magistrate has issued either a summons requir-ing the person charged by such information to appear toanswer to the same, or a warrant for the arrest of suchperson, and either the said Ma gistrate on or after issuing
the summons or warrant, or any other Magistrate, is satis-fied by information on oath that there is reasonable causeto suspect that any goods or things by means of, or in rela-tion to, which such offence has been committed are in anyhouse or premises of the person charged by such informa-tion, or otherwise in his posse ssion or under his control, in
any place, such Magistrate may issue a warrant under hishand, by virtue of which it sh all be lawful for any police
officer, or other person named or referred to in the warrant,to enter such house, premises , or place at any reasonable
time by day, and to search therefor and seize and take awaysuch goods or things ; and any goods or things seized underIP/N/1/LKA/C/1
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any such warrant shall be brought before a Magistrate’s
Court for the purpose of its being determined whether thesame are or are not liable to forfeiture under this Part.
(2) If the owner of any goods or things which, if the
owner thereof had been convicted, would be liable to for-feiture under this Part, is  unknown or cannot be found, an
information or complaint may be laid for the purpose onlyof enforcing such forfeiture, and a Magistrate’s Court maycause notice to be advertised stating that,  unless cause isshown to the contrary at the time and place named in thenotice, such goods or things will be forfeited, and at suchtime and place the Court, unless the owner or any personon his behalf, or other person interested in the goods orthings, shows sufficient cause to the contrary, may ordersuch goods or things or any of them to be forfeited, andevery such order shall be subject to appeal.
(3) Any goods or things forfeited under this section, or
under any other provisions of this Part, may be destroyedor otherwise disposed of in such manner as the Court bywhich the same are forfeited may direct, and such Court
may, out of any proceeds which may be realized by thedisposition of such goods (all marks and trade descriptions
being first obliterated), award to any innocent party anyloss he may have innocently sustained in dealing withsuch goods.
164. In any prosecution under this Part the Court may Costs of
order costs to be paid to the accused by the prosecutor or defence and ofto the prosecutor by the accused, having regard to the in- prosecution.formation given by, and the conduct of, the accused andprosecutor respectively, and the sum so awarded as costsshall be recoverable as if it were a fine.
165. No prosecution for an offence under this Part shall Limitation of
be commenced after the expiration of three years next prosecution.after the commission of the offence or one year next afterthe first discovery thereof by the prosecutor, which everexpiration first happens.
166. (1)  All goods which, if sold, would be liable to Prohibition on
forfeiture under this Part, and also all goods made or  pro- importation.
duced beyond the limits of Sri Lanka, and having applied
thereto any name or mark be ing, or purporting to be, or
being a colourable imitation of, the name or mark of anymanufacturer, dealer, or trad er in Sri Lanka, unless suchIP/N/1/LKA/C/1
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name or mark is accompanied by a definite indication,
indicated in letters as large and conspicuous as any letter
in the name or mark, of th e place and country in which
the goods were made or produced, and also all piece-goodssuch as are ordinarily sold by the length or by the piece,which have not conspicuously stamped in English numerals
on each piece the length thereof in standard metres or instandard metres and a fraction of such a metre accordingto the real length of the piece, are hereby prohibited tobe imported into Sri Lanka, and, subject to the provisions
of this section, shall be in cluded among goods prohibited
to be imported as if they were referred to in section 43 ofthe Customs Ordinance, and included in Schedule B to thatOrdinance.
(2) Before detaining any such goods, or taking any
further proceedings with a view to the forfeiture thereofunder the law relating to the customs, the PrincipalCollector of Customs, or othe r officer specially appointed in
that behalf by the Minister in charge of the subject ofFinance may require the regulations under this section,whether as to information, s ecurity, conditions, or other
matters, to be complied with, and may satisfy himself inaccordance with those regulati ons that the goods are such
as are prohibited by this section to be imported.
(3) The Principal Collector of Customs may from time
to time, with the sanction of the Minister in charge of thesubject of Finance, make, revoke, and vary regulations,either general or special, re specting the detention and for-
feiture of goods the importati on of which is prohibited by
this section, and the conditions, if any, to be fulfilled before
such detention and forfeiture , and may by such regulations
determine the information, notices, and security to be given,and the evidence requisite for any of the purposes of thissection, and the mode of giving such evidence.
(4) Where there is on any goods a name which is identi-
cal with, or a colourable imitation of, the name of a placein Sri Lanka, that name, unl ess accompanied in equally
large and conspicuous letters by the name of the country
in which such place is situate, shall be treated, for thepurposes of this section, as if it were the name of a placein Sri Lanka.IP/N/1/LKA/C/1
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(5) Such regulations may apply to all goods the importa-
tion of  which is prohibited by this section, or differentregulations may be made re specting different classes of
such goods or of offences in relation to such goods.
(6) The regulations may provide for the informant reim-
bursing the Principal Collector of Customs all expenses anddamages incurred in respect of any detention made on hisinformation and of any proceedings consequent on suchdetention.
(7) All regulations under this section shall be published
in the Gazette.
(8) This section shall have effect as if it formed part
of the Customs Ordinance.
167. On the sale, or in the contract for the sale, of any Implied
goods to which a mark, or trade desc ription has been applied, warranty on
the vendor shall be deemed to wa rrant that the mark is sale of
a genuine mark, and not forged or fa lsely applied, or that marked goods.
the trade description is not a false trade description withinthe meaning of this Part, unle ss the contrary is expressed
in some writing signed by or  on behalf of the vendor and
delivered at the time of the sale or contract to, and acceptedby, the vendee.
168. Where, on the commencement of this Code, a trade Provisions as to
description is lawfully and generally applied to goods of false description
a particular class, or manufactured by a particular method, not to apply
to indicate the particular class or method of manufacture in certain cases.
of such goods, the provisions of this Part with respect tofalse trade descriptions shall not apply to such trade des-
cription when so applied :
  Provided that where such trade description includes the
name of a place or country, and is likely to mislead as tothe place or country where the goods to which it is appliedwere actually made or pr oduced, and the goods are not
actually made or produced in that place or country, thissection shall not apply unless there is added to the tradedescription, immediately before or after the name of thatplace or country, in an equa lly conspicuous manner, with
that name, the name of the pl ace or country in which the
goods were actually made or produced, with a statementthat they were made or produced there.IP/N/1/LKA/C/1
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169. (1)  This Part shall not exempt any person from any Savings.
action, suit, or other proceeding which might, but for theprovisions of this Part, be brought against him.
(2) Nothing in this Part shall entitle any person to refuse
to make a complete discovery,  or to answer any question
or interrogatory in any action, but such discovery or answershall not be admissible in evidence against such person inany prosecution for an offence under this Part.
(3) Nothing in this Part shall be construed so as to
render liable to any prosecution or punishment anyservant of a master resident in Sri Lanka who bona fideacts in obedience to the instructions of such master, and,on demand made by or on beha lf of the prosecutor, has
given full information as to his master.
170. All offences under this Part are hereby declared to Cognizable and
be “cognizable” and “bailable”, within the meaning of bailable offences.those terms as defined in the Code of Criminal ProcedureAct, No. 15 of 1979.
PART VII
MISCELLANEOUS
CHAPTER  XXXI
Regulations
171. (1)  The Minister may from time to time make Regulations.
regulations for the purpose of carrying out or givingeffect to the principles and provisions of this Code and in
particular in respect of any matter required under this
Code to be prescribed.
(2) Without prejudice to the generality of the powers
conferred by subsection (1) the Minister may make regu-
lations in respect of any or all of the following matters :-
(a) the practice of registration ;
(b)  the classification of goods and services for the
purposes of registration ;IP/N/1/LKA/C/1
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(c)  the fees payable in respect of registration and other
matters ;
(d)  the forms to be used ;(e)  all matters which under Parts III, IV and V of this
Code have been placed under the direction orcontrol of the Director.
(3) Every regulation made by the Minister shall be
published in the Gazette and shall come into operation on
the date of such publication or  on such later date as may
be specified therein.
(4) Every regulation made by the Minister shall as soon
as convenient after its publication in the Gazette  be
brought before the Parliament for approval.  Any suchregulation which is not so a pproved shall be deemed to be
rescinded as from the date of  its disapproval, but without
prejudice to anything previously done thereunder.
(5) Notification of the date on which any regulation
made by the Minister is so d eemed to be rescinded shall be
published in the Gazette.
CHAPTER  XXXII
Applications to, and proceedings before, the
Director and Court
172. (1)  The Director may, on application in the Correction and
prescribed manner by or on behalf of  the registered owner rectification of
of an industrial design, patent or  mark, correct any error register.
or enter any change-
(a) in the name, address or de scription of the registered
owner of any industrial de sign, patent or mark ;
or
(b) concerning any other particulars relating to the
registration of an industria l design, patent or mark
as may be permitted by regulation.
(2) Subject and without prej udice to other provisions
of this Code-IP/N/1/LKA/C/1
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(a) the Court may on the application in the prescribed
manner of any person aggrieved by the non-insertion in or omission from any register, of anyentry, or by any entry made in any register with-out sufficient cause, or by any entry wronglyremaining on any register, or by any error ordefect in any entry in any register, make suchorder for making, expunging, or varying suchentry, as it may fit ;
(b) the Court may in any proceeding under this section
decide any question that it may be necessary orexpedient to decide in connection with the recti-fication of any register ;
(c) in case of fraud in the registration, assignment or
transmission of any registered industrial design,patent or mark, the Director may himself applyto the Court under the provisions of this section.
(3) In any proceedings under this Code in which the relief
sought includes correction, altera tion or rectification of any
register, the Director shall have the right to appear andbe heard, and shall appear if so directed by the Court.Unless otherwise directed by the Court, the Director in
lieu of appearing and being heard may submit to theCourt a statement in writing signed by him, givingparticulars of the proceedings  before him in relation to
the matter in issue or of the grounds of any decision givenby him affecting the same or of the practice of the officein like cases, or of such other matters relevant to the issue,and within his knowledge as such Director, as he shallthink fit, and such statement shall be deemed to form partof the evidence in the proceedings.
(4) The Court, in dealing with any question of the
correction, alteration or  rectification of any register, shall
have power to review any decision of the Director relatingto the entry in question or the correction, alteration orrectification sought to be made.
173. (1)  Where the Director is satisfi ed that any volume Power to make
of any register kept under this Code has been so damaged copies of damaged
as to render that volume incapable of being mended, he volumes of any
may cause a copy thereof to be made and authenticated in register, to preparesuch manner as he may direct. and insert
reconstructedIP/N/1/LKA/C/1
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(2) Any copy made and authenticated under the folios.
provisions of subsection (1) shall replace the volume ofwhich it is a copy, and shall for all purposes be deemed tohave the same legal force and effect as the volume whichsuch copy replaces.
(3) The Director shall cause every damaged volume of
which a copy has been made under the provisions of sub-section (1) to be preserved as long as it is reasonablypracticable for any reference which may be necessary.
(4) Where the Director, after due investigation, is
satisfied that any folio of any volume of any register hasbeen lost and cannot be recovered or that any such foliohas been permanently mutilated or so obliterated ordamaged as to render the entries or any material part ofthe entries therein illegible he may cause a reconstructedfolio to be prepared.
(5) No folio shall be reconstr ucted as provided in sub-
section (4) except in accordance with regulationsproviding-
(a) for evidence to be admitted and used by the
Director in ascertaining the particulars originallycontained in the lost or mutilated or damagedfolio ;
(b) for the giving of notice by the Director of the
preparation of the reconstructed folio ;
(c) for the lodging of objections by any person affected
by any of the particulars contained in the recons-tructed folio ; and
(d) for the inquiry into any such objections by the
Director.
(6) Where any folio has been reconstructed by the
Director in accordance with the preceding provisions ofthis section, the Director sh all authenticate the recons-
tructed folio in the prescribed manner and shall thereaftercause the reconstructed folio to be inserted in theappropriate volume of the register in the place formerlyoccupied by the lost folio or in place of the mutilated ordamaged folio, or in a copy of a volume prepared underthe provisions of this section, as the case may be, and theIP/N/1/LKA/C/1
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reconstructed folio, when so authenticated and inserted,
shall for all purposes be deemed to have the same legalforce and effect as the folio which such reconstructed folioreplaces.
(7) The Director may, after such inquiry as he may
deem necessary, correct any clerical error or omissionwhich may be discovered in any entry in any register orin any certificate kept or issued under the provisions ofthis Code and for that purpose may recall any such certi-ficate and amend the same or issue a fresh certificate in itsplace.
174. A certificate purporting to be und er the hand of the Certificate of
Director as to any entry, matter, or thing which he is Director to be
authorized by this Code or re gulations made thereunder evidence.
to make or do, shall be prima facie evidence of the entry
having or thing having been done or not done.
175. Printed, mechanically produced, typed or written Certified copies
copies or extracts, purporting to be  certified by the to be evidence.
Director, of or from any document, register, or other bookfiled or kept under this C ode in the Office shall be
admitted in evidence in all Courts in Sri Lanka, and in allproceedings, without further proof or production of theoriginals.
176. (1)  In any proceeding under this Code before the Mode of giving
Director or the Court, the evidence shall be given by evidence.affidavit in the absence of directions to the contrary.  But,in any case in which the Director or the Court shallthink it right so to do, the Director or the Court maytake evidence viva voce in lieu of or in addition to evidence
by affidavit.
(2) In case any part of the evidence is taken viva voce,
the Director may exercise the powers conferred on acommission appointed under the provisions of theCommissions of Inquiry Act for compelling the attendanceof witnesses and the produc tion of documents and for
administering oaths to all persons who shall be examinedbefore him.
177. Where any discretionary or other power is given Exercise of
to the Director by this Code or regulations made discretionary
thereunder, he shall not exercise  that power adversely to power by
the applicant for registration or the registered owner of Director.IP/N/1/LKA/C/1
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an industrial design, patent or mark without (if duly re-
quired so to do within the prescribed time) giving suchapplicant or registered owner an opportunity of beingheard.
178. The Director may, in any case of  doubt or difficulty Director may take
arsing in the administration of any of  the provisions of directions of law
this Code, apply to the Attorney-General or Solicitor- officers.General for directions in the matter.
179. Where the registered owner of an  industrial design, Infringement
patent or mark proves that any person is threatening to proceedings byinfringe or has infringed the said indus trial design, patent registered owner of
or mark, as the case may be, or is performing acts which industrial design,
make it likely that infringement will occur, the Court may patent or mark.grant an injunction restraining any such person fromcommitting or continuing such infringement or perform-ing such acts and may award damages and such otherrelief as to the Court app ears just and appropriate :
  Provided that the defendan t may in the same proceed-
ings request the Court to declare the registration of thesaid industrial design, patent or mark, as the case may be,
or any part of it, null and void, in which event theprovisions of sections 57, 58, 95, 96, 130 and 131 shall apply
as appropriate.
180. In the absence of any provision to the contrary Infringement
in a licence contract relating to an industrial design, patent proceedings by
or mark, the licensee may- or at request
of licensee.
(a) in respect of the threatened infringement, infring-
ment or acts referred to in section 179 request theregistered owner of the i ndustrial design, patent or
mark to apply for an injunction :
   Provided that the licensee shall indicate the
threatened infringement, infringement or acts beingperformed, and specify the relief desired ; and
(b) if the registered owner of the said industrial design,
patent or mark refuses or fails to apply for an in-
junction within three months from receipt of thesaid request, apply for an injunction in his ownname, with notice to the registered owner who mayjoin in the proceedings :IP/N/1/LKA/C/1
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     Provided that the Court may, on the application
of the licensee, even before the expiry of the periodof three months, grant an  injunction if he proves
that immediate action is necessary to avoidsubstantial damage.
181. (1)  The Court may on the application of any person Declaration of
showing a legitimate interest to whic h the registered owner non-infringement.
of the industrial design, patent or mark, as the case may be,
shall be made party, declare that the threatened perfor-mance or performance of a specific act does not constitutea threatened infringement or infringement of the saidindustrial design, patent or mark.
(2) The registered owner of the industrial design, patent
or mark, as the case may be, shall give notice of the saidapplication to any assignee or licensee, who shall be enti-tled to join in the proceedings in the absence of any provi-sion to the contrary in any agreement with the registeredowner.
(3) Proceedings for a declaration of non-infringement
may be instituted concurrently with proceedings to declarethe registration of an industr ial design, patent or mark
null and void :
  Provided that the matters in issue in the proceedings
for a declaration of non-infri ngement are not already the
subject of infringement proceedings.
(4) The provisions of the Judicature Act, No. 2 of 1978,
and the Civil Procedure Code shall apply to every applica-
tion for an injunction made to  the Court under this Code.
182. (1)  Any person aggrieved by any decision or order Appeals.
made by the Director under any provision of this Codemay appeal therefrom to the Court.
(2) In any such appeal the Court shall have and exercise
the same discretionary powers as under this Code are con-
ferred upon the Director.
(3) Every judgement or order of the District Court under
this Code shall be subject to an appeal to the Court ofAppeal and such appeal shall be subject to the same rules
which govern interlocutory a ppeals from District Courts.IP/N/1/LKA/C/1
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183. (1)  In all proceedings before the Director under Costs of
this code, the Director shall have power to award any proceedings beforeparty such costs as he may consid er reasonable, and to Director and
direct to whom and to what par ties they are to be paid, and Court.
such order may be filed in C ourt, and thereupon such order
may be enforced as if it were an order of the Court.
(2) In all proceedings before  a Court under this Code,
the costs of the Director shall be in the discretion of theCourt, but the Director sha ll not be ordered to pay the
costs of any other of the parties.
184. The minimum stamp duties chargeable in the Stamp
District Court in civil proceedings and in the Court of duties.Appeal under the provisions of the enactment for the timebeing in force relating to stamps shall, so far as the samemay be applicable and except as herein otherwise provided,be charged in all proceedings under this Code in the Dis-trict Court and in th e Court of Appeal :
  Provided that in no case shall the Director be required
to use any stamp or be charged with any stamp duty.
185. (1)  For the purposes of this Code there shall be Fund.
established a Fund which sha ll be maintained in such
manner as the Secretary to the Ministry of the Ministerin charge of the subject of Trade and the Director maydirect.
(2) There shall be paid into the Fund two thirds of each
and every fee or charge prescribed, levied or recoverableunder this Code by the Director.
(3) The balance one-third of each and every such fee or
charge prescribed, levied or recoverable under this Codeby the Director shall be paid into the Consolidated Fund.
(4) There shall be paid out of the Fund referred to in
subsection (1) all sums of money required to defray any-expenditure incurred by the Director in the exercise, dis-charge and performance of his powers, functions and dutiesunder this Code and all such sums of money as are requiredto be paid out of such Fund by or under this Code or anyregulation made thereunder.
(5) The Secretary to the Ministry in charge of the subject
of Trade shall as soon as possible after the end of eachIP/N/1/LKA/C/1
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calendar year prepare a report on the administration of the
Fund and shall cause to be maintained a full and appro-
priate account of the Fund in respect of each calendar year.
(6) The Auditor-General shall audit the accounts of the
Fund.
(7) The financial year of the Fund shall be the calendar
year.
186. In this code unless the context otherwise requires- Interpretation.
“Central Bank of Ceylon” means the Central Bank of
Ceylon established under the Monetary Law Act ;
“Convention country” means any country that has
acceded to or ratified or that may hereafter accedeto or ratify the Paris Convention for the Protec-tion of Industrial Propert y and includes any country
which has entered into or which may hereafterenter into any treaty, convention or arrangementwith Sri Lanka creating reciprocal rights and obli-gations between such country and Sri Lanka inregard to industrial design s, patents and marks and
the registration thereof ;
“Court” means the Distri ct Court of Colombo ;
“prescribed” means prescribed by this Code or any regu-
lation thereunder.
CHAPTER  XXXIII
Repeals and Savings
187. (1)  The Copyright Ordinance (Chapter 154) is Copyright :
hereby repealed. Repeal of
Chapter 154
  (2)  The Copyright Act, 1911, of the Parliament of the and savings.
United Kingdom or any provisi on therein contained shall
have no application to any right or title acquired in anycopyright after the appointed date.
(3) Notwithstanding the repeal of the aforesaid Ordi-
nance every rule or regulati on made thereunder, and under
section 14 of the Copyright Ac t, 1911, of the Parliament of
the United Kingdom, as is in force on the appointed dateIP/N/1/LKA/C/1
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in so far as such rule or re gulation is not inconsistent with
the provisions of Part II of th is Code shall be deemed to be
a regulation made under this code, and may be
amended, or rescinded by regula tions made under this Code.
188. (1)  The Designs Ordinance (Chapter 153) is hereby Industrial
repealed. Designs :
Repeal of
(2) Notwithstanding the repeal of the aforesaid Ordi- Chapter 153
nance every rule or regulation made  thereunder as is in and savings.
force on the appointed date in so far as such rule or regula-tion is not inconsistent with th e provisions of Part III of this
Code shall be deemed to be a regulation made under
this Code, and may be amende d or rescinded by regulations
made under this Code.
(3) The validity of the original entry of a design on the
register of designs existing under the repealed Ordinanceimmediately before the appointed date or on any register ofdesigns which was kept under any previous Ordinance andwas incorporated with and declared to form part of thefirst-mentioned register, shall be determined in accordancewith the law in force at the date of such entry, and everysuch design shall retain its or iginal date, but for all purposes
it shall be deemed to have been  registered under Part III of
this Code.
189. (1)  The Patents Ordinance (Cha pter 152) is hereby Patents :
repealed. Repeal of
Chapter 152
(2) Notwithstanding the repeal of the aforesaid Ordinance and savings.
every rule or regulation made thereunder as is in force onthe appointed date in so far as such rule or regulation is notinconsistent with the provisions of  Part IV of this Code shall
be deemed to be a regulation made under this Code,and may be amended or resc inded by regulations made
under this Code.
(3) The validity of the original entry of a patent on the
register of patents existing under the repealed Ordinanceimmediately before the appointed date or on any register ofpatents which was kept under any previous Ordinance andwas incorporated with and declared to form part of thefirst-mentioned register, shall be determined in accordancewith the law in force at the date of such entry, and everyIP/N/1/LKA/C/1
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such patent shall retain its or iginal date, but for all purposes
it shall be deemed to have b een registered under Part IV
of this Code.
(4) The Director may in his discretion notwithstanding
the provisions of section 46 of the repealed Ordinance issue
a certificate under section 76 of this Code in respect ofapplications under section 46 of the repealed Ordinance
received by him prior to the appointed date.
190. (1)  The Trade Marks Ordinan ce (Chapter 150) and Marks :
the Merchandise Marks Ordinance (C hapter 151) are hereby Repeal of
repealed. Chapters 150 and
151 and savings.
(2) Notwithstanding the repeal of the aforesaid
Ordinances-
(a) every rule or regulation made thereunder as is in
force on the appointed date in so far as such ruleor regulation is not inconsistent with the provisionsof Part V of this Code shall be deemed to be a
regulation made under this Code and may beamended or rescinded by  regulations made under
this Code ;
(b) any trade mark registered in Part B of the Register
of Trade Marks by virtue of the provisions of PartIII of the repealed Trade Marks Ordinance shall bedeemed to be valid and ef fectual and shall continue
to be so registered until such time not exceeding aperiod of five years from the appointed date, as theowner of such trade mark shall satisfy the Directorthat he is entitled to registration of such trade markunder the provisions of this Code ;
(c) the validity of the original entry of a trade mark on
the Register of Trade Marks existing under therepealed Trade Marks Ordinance immediatelybefore the appointed date or on any register of trademarks which was kept under any previous Ordi-nance and was incorporated with and declared toform part of the first-me ntioned register, shall be
determined in accordance with the law in force atthe date of such entry, and every such trade markshall retain its original date, but for all purposes it
shall be deemed to have been registered underPart V of this Code ;IP/N/1/LKA/C/1
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(d) no trade mark which was on the register at the
commencement of the repealed Trade Marks Ordi-nance and which under that Ordinance was then aregisterable trade mark shall be removed from theregister on the ground that it was not registerableunder the law in force at the date of itsregistration ;
(e) no trade mark which was on the register immediately
before the appointed date  and which under Part V
is a registrable mark shall be removed from theregister on the ground that it was not registrableunder the law in force at the date of its registration ;
(f) nothing in Part V shall-
(i) invalidate the original registration of a trade
mark which was validly on the registerimmediately before the appointed date ; or
(ii)subject any person to any liability in respect to
any act or thing done before the appointeddate to which he would not have been subjectunder the law in force at the time such actor thing was done.
191. The Patents, Designs and Trade Marks (Neuchatel Additional
Agreement) Act (Chapter 156), the Patents, Designs, Copy- repeals.right and Trade Marks (Emergency) Ordinance (Chapter157) and the Trade Marks Act, No. 30 of 1964, are herebyrepealed.
192. Notwithstanding the repeal of the Acts and Additional
Ordinances referred to in sections 187 to 191- savings.
(1) every application for registration of an industrial
design, patent or mark made to the Directorbefore the appointed date shall be deemed to bean application made to the Director under Part
III, IV or V respectively of this Code, and theDirector shall deal with such applications underthe provisions of this Code applicable to applications
made after the appointed date ;IP/N/1/LKA/C/1
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(2) every action, proceeding or other matter relating to
copyright, industrial de signs, patents and marks
already instituted and pending under the provi-sions of the repealed Acts and Ordinances in anyCourt, original or appe llate, on the appointed date
shall be continued and pr oceeded with to final
judgement, completion and execution under theprovisions of the repealed Acts and Ordinances ;
(3) nothing in Parts III, IV and V of this Code shall
affect any order or requirement made, table of feesor certificates issued, noti ce, decision, determination,
direction or approval gi ven, application made, or
thing done, under the Acts and Ordinances repealedby this Code ; and every such order, requirement,table of fees, certificate,  notice, decision, determina-
tion, direction, approval, app lication or thing shall, if
in force on the date immediately preceding theappointed date, continue in  force and shall, so far
as it could have been ma de, issued, given or done
under this Code have effect as if made, issued, given
or done under the corresponding provisions of thisCode.
PART  VIII
CONSTITUTION AND POWERS OF ADVISORY COMMISSION
193. (1)  The Minister may constitute a Appointments &c.
Commission (hereinafter referred to as the of Advisory“Advisory Commission”) for the purpose of Commission.advising him on any matter referred to himin relation to the law relating to Copyright,Industrial Designs, Trad e Marks, Patents and
Unfair Competition.
(2) The Advisory Commission constituted
under subsection (1) shall consist of-
(a) not less than five and not more than
ten members appointed by theMinister from among persons whohave shown capacity in law orcommerce or related fields, (amember appointed under this para-IP/N/1/LKA/C/1
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graph is hereinafter referred to as an
“appointed member”) ; and
(b) the Director who shall be an
ex officio  member and shall func-
tion as the secretary to the AdvisoryCommission.
  (3)  (a)  Subject to the provisions of sub-
section (4), the term of office of an appointedmember of the Advisory Commission shallbe three years :
  Provided that a member appointed in place
of a member who resigns or is removed orotherwise vacates office,  shall hold office for
the unexpired part of term of office of themember whom he succeeds.
(b)an appointed member of the Advisory
Commission who vacates office by effluxionof time shall be eligib le for reappointment.
(4) (a)  An appointed member of the
Advisory Commission may resign from officeby letter to that effect addressed to theMinister and such re signation shall take
effect on such resignation being accepted bythe Minister in writing.
(b)The Minister may at any time remove
an appointed member from office, withoutassigning any reason therefor.
(c) Where an appointed member is
temporarily unable to discharge the dutiesof his office on account of illness, absencefrom Sri Lanka or any other cause, theMinister may appoint some other person toact as a member in his place.
(5) (a)  The Minister shall appoint a
Chairman of the Advisory Commission (inthis Part referred to as the “Chairman”)from among the appointed members of theAdvisory Commission.IP/N/1/LKA/C/1
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(b)If the Chairman is by reason of illness,
other infirmity or absence from Sri Lanka,temporarily unable to perform the duties ofhis office, the Minister  may appoint another
appointed member to act in his place.
(c)The Minister may at any time remove
the Chairman from office, without assigningany reason therefor.
(d) The Chairman may resign from the
office of Chairman by a letter to that effectaddressed to the Minister and such resigna-tion shall take effect on such resignationbeing accepted by the Minister.
(e) Subject to the provisions of para-
graphs (c) and (d), the term of office of theChairman shall be his period of his member-ship of the Advisory Commission.
(6) There may be appointed such officer
and servants as may be necessary to assistthe Advisory Commission in performing itsduties under this Part.
(7) The members of the Advisory Com-
mission may be paid such remuneration outof the Fund as may be determined by theMinister in consultation with the Minister incharge of the subject of Finance.
(8) It shall be the duty of the Advisory
Commission-
(a) to inquire into and report to the
Minister, on any matter or questionrelating to the law of Copyright,Industrial Designs, Trade Marks,Patents and Unfair Competition asmay be referred to it by theMinister form time to time ;
(b) to review the law relating to, and
applicable to, Copyright, IndustrialDesigns, Trade Marks, Patents andUnfair Competition from time toIP/N/1/LKA/C/1
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time and to make proposals to the
Minister for the alteration, modifi-cation or addition to such law ;
(c) in making the report or proposals
referred to in paragraph (a) or (b),to consult and take into considera-tion where the Advisory Commis-sion deems it necessary to do so, theviews of trade chambers, profes-sional organizations, related institu-tions, governmental authorities andthe general public.
(9) The Minister may give special or
general directions in writing to the AdvisoryCommission, as to the performance of itsduties and the exercise of the powers, andthe Advisory Commission shall give effectto such directions.
3.  In the event of any inconsistency between the Sinhala text to
Sinhala and Tamil texts of this Act, the Sinhala text shall prevail in case ofprevail. inconsistency.
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