WORLD TRADE
ORGANIZATIONIP/Q/LKA/1
IP/Q2/LKA/1IP/Q3/LKA/1
IP/Q4/LKA/1
13 October 2003
(03-5371)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION1
SRI LANKA
The present document reproduces the introductory statement made by the delegation of
Sri Lanka, the questions put to it and the responses given in connection with the review of legislation
undertaken at the Council's meeting of 27 to 28 November 2001.2
_______________
I. INTRODUCTORY STATEMENT
AN OVERVIEW OF THE NATIONAL INTELLECTUAL PROPERTY SYSTEM
My delegation appreciates the opportunity given to my country to present the WTO TRIPS
Agreement implementing legislation of Sri Lanka and undergo the review process.  Let me also take
this opportunity to underline the importance that my Go vernment attaches to this review.  This would
also demonstrate Sri Lanka's full commitment in meeting its obligations under the WTO Agreements
and in particular the TRIPS Agreement.
Since Sri Lanka signed and ratified the Final Act Embodying the Results of the Uruguay
Round of Multilateral Trade Negotiations, it has been fully aware of its obligat ion to comply with the
TRIPS Agreement.  Following such ratification, Sri Lanka has taken a number of necessary steps to
comply with the provisions of the TRIPS Agreement, namely:
• On laws and regulations, by setting up the proper laws and regulations on intellectual
property rights;
• On enforcement, by improving coordination of the enforcement of IPR laws;
• On institutions, by developing the proper IPR infrastructure and promoting capacity
of IPR authorities and
• On public awareness, by disseminating on IPR.
                                                     
1 As regards laws and regulations ratified by Sri Lanka under Article 63.2 of the Agreement, reference
is made to documents IP/N/1/LKA/1, IP/N/1/LKA/C/1, IP/N/1/LKA/C/1/Add.1, IP/N/1/LKA/I/1,IP/N/1/LKA/I/1/Add.1, and IP/N/1/LKA/L/1.
2 The minutes of this meeting have been circulated as document IP/C/M/34.IP/Q/LKA/1, IP/Q2/LKA/1,
IP/Q3/LKA/1, IP/Q4/LKA/1
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My statement, today, highlights certain salient aspects covering these broad areas.
The Current Intellectual Property Law and Regulations
The present Intellectual Property Law in Sri Lanka is governed by the Code of Intellectual
Property Act No. 52 of 1979 (hereinafter referred to as "the Code").  Five amendments have been so
far introduced to the Code, by Act Nos. 30 of 1980, 2 of 1983, 17 of 1990, 13 of 1996 and 40 of 2000.
Some other statutes of general application such as the Civil Procedure Code (Chapter 101),
the Code of Criminal Procedure Act no. 25 of 1979, the Judicature Act no. 2 of 1978, the Customs
Ordinance and the High Court of the Provinces (s pecial provisions) Act no. 10 of 1996 are important
in the relevant areas such as enforcement.  Before the Code was implemented, the laws introduced
during the colonial period (starting from the Patent Law introduced in 1859) were in operation.
The existing Code offers protection to the rights relating to inventions, trademarks and
servicemarks, industrial designs and literary and artistic works.  In addition, it protects trade namesand provides for the protection against unfair competition.
The enforcement of protected rights through civil remedies such as damages and injunction,
criminal sanction and customs authorities have been recognized.  The provisions are available with
regard to, inter alia , licence contracts, assignment, appeals against administrative authorities,
evidence and procedure for enforcement .
The Current Law and the TRIPS Agreement
Several areas of the law in the Code of Intellectual Property Act are already in compliance
with the provisions of the TRIPS Agreement.  The la ws relating to industrial designs, trademarks and
unfair competition are fully complied with the TRIPS provisions.
Only minor improvements are necessary in the areas such as patent, industrial designs, marks
and enforcement.
The existing provisions with regard to broader measures are not fully in line with TRIPS
requirements and therefore need improvement.  The proposed amendments to the Code of Intellectual
Property contain these improvements.
There are certain areas, which have to be newly introduced.  The laws relating to the
protection of geographical indications, undisclosed information, related rights, plant varieties andlay-out designs of integrated circuits can be named as such areas.
Consequently, an amendment to the Code of Intellectual Property Act has been proposed to
introduce provisions in compliance with TRIPS Agreement.  The Government of Sri Lanka has been
doing its best from 1996 to update the law as required by the TRIPS Agreement.  Certain unavoidabletechnical reasons such as the translation of the English version of the draft bill into official languages
have delayed the finalization of the law.
Objects of Intellectual Property protected under the Code
The Code offers protection to the rights relating to inventions, trademarks and servicemarks,
industrial designs and literary and artistic works.  In addition, it protects trade names and provides for
the protection against unfair competition.IP/Q/LKA/1, IP/Q2/LKA/1,
IP/Q3/LKA/1, IP/Q4/LKA/1
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The Proposed Laws are presented in two parts
(a) The proposed amendments to the Code
The proposed provisions have been designed to meet all the TRIPS requirements except the
laws relating to plant varieties and lay out designs of integrated circuits. These amendments
cover, inter alia,  copyright and related rights, geographical indications and undisclosed
information.  The amendments also seek to improve the other existing provisions in
accordance with the requirements of the TRIPS Agreement including patents, trademarks,
unfair competition and enforcement.
(b) The Law relating to lay out designs.
A separate law is proposed to protect lay out designs of integrated circuits.
(c) The Law relating to Plant Varieties.
A separate law is being prepared to protect plant varieties under a sui generis  system.
Patents
Patents are granted for patentable inventions which may be, or may relate to, a product or
process in a field of technology.  An invention is patentable if it is new, involves an inventive step and
is industrially applicable.  The following, notwithstan ding that they are inventions within the legal
definition, are not patentable: discoveries, scientific theories and mathematical methods; plant or
animal varieties or essentially biological processes for the production of plants or animals, other than
micro-biological processes and the products of such processes; schemes, rules or methods for doing
business performing purely mental acts or playing games; methods for the treatment of the human or
animal body by surgery or therapy, and diagnosti c methods practised on the human or animal body.
The Section relating to patents, contain in the Code of Intellectual Property has been amended to
conform to the standards of the TRIPS Agreement.
• The term of protection provided for in the current law has been increased from 15 to
20 years.
• The scope of the patentability is also broadened through the introductions of proposed
amendments to the Section 59 of the Code, relating to the definition of invention.
• Similarly, amendments have been proposed to Sections 64, 68, 70, 72, 74, 75,76, 80,
81 and 82 of the Code relating to different areas of patent protection.
Copyright and Related Rights
The rights of the authors of original literary, artistic and scientific works are protected in
Sri Lanka.  The Code enumerates a list of works protected as literary, artistic and scientific worksincluding writings, audio-visual works, musical works, works of drawing and painting, photographic
works and works of applied arts.  A recent amendment introduced to the Code has included computer
programs as literary work in the list of protected works. (The Code of Intellectual Property Act
(amendment) No. 40 of 2000).  The list is not exhaustive.
The derivative works such as translations, adaptation or other transformation of protected
works, collections of works which constitute intellectual creations and works derived from Sri Lanka
folklore are also protected as original works.  Th e law also recognizes certain statutory limitations toIP/Q/LKA/1, IP/Q2/LKA/1,
IP/Q3/LKA/1, IP/Q4/LKA/1
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copyright including "fair use".  The Code makes provisions, under section 20, in respect of the rights
of the producers of sound recordings.
Industrial Designs
A design is protected if it is new and not scandalous or not contrary to morality or public
order or is not likely to offend religious or racial susceptibilities.  Any composition of lines or colours
of any three-dimensional form, whether or not associated with lines or colours, that gives a special
appearance to a product of industry or handicraft is deemed to be an industrial design.  A new
industrial design means an industrial design which had not been made available to the public
anywhere and at any time whatsoever through description, use or any other manner before the date ofan application for registration of such industrial design or before the priority date validly claimed in
respect thereof.
Amendments have been proposed to Sections 26, 30 and 37 of the Code to satisfy the need for
a more effective protection of Industrial Designs.
Marks
A mark means a trademark or servicemark.  A trademark means any visible sign serving to
distinguish the goods of one enterprise from those of other enterprises whereas a servicemark meansany visible sign serving to distinguish the services of one enterprise from those of other enterprises.
The exclusive right to a mark under the Code is acquired by registration. A mark may consist, in
particular, of arbitrary of fanciful designations, names, pseudonyms, geographical names, slogans,
devices, reliefs, letters, numbers, labels, envelopes, emblems, prints, stamps, seals, vignettes,
selvages, borders and edging, combinations or arrangements of colours and shapes of goods orcontainers 22.  The grounds for refusing to register on objective grounds and third party rights are set
out in sections 99 and 100 of the Code.
The registration of a mark expires after a period of ten years from the date of registration. The
date of registration is considered to be the date of application. The registration may be renewed for
consecutive periods of ten years.
Amendments have been proposed to Sections 97, 99, 100, 102, 106, 107, 116, 117 and 130 of
the Code to satisfy the need to provide a more effective protection for marks and trade names.
Unregistered marks
The Code protects the unregistered marks within the framework of unfair competition and
well-known marks.
Trade Names
A trade name, which means the name or designation identifying the enterprise of a natural or
legal person, is protected in Sri Lanka whether or not it is registered.  A name is admissible as a trade
name unless it is contrary to morality or public order or is likely to offend the religious or racial
susceptibilities or is likely to mislead the public or the trade circles as to the nature of the enterprise
identified by the trade names.  Any subsequent use of a trade name by a third party, which is likely tomislead the public, is unlawful.IP/Q/LKA/1, IP/Q2/LKA/1,
IP/Q3/LKA/1, IP/Q4/LKA/1
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Collective marks and Associated marks
The Code recognizes both collective marks and associated marks.  As far as the legal
protection is concerned, they are equal to the individual marks.  A "collective mark" means anyvisible sign designated as such and serving to distinguish the origin or any other common
characteristic of goods or services of different enterprises, which use the mark under the control of the
registered owner.  Where an application is made for the registration of a mark identical with or so
closely resembling a mark of the applicant already on the register for the same goods or description of
goods as to be likely to mislead or cause confusion if used by a person other than the applicant, such a
mark may be registered as an associated mark.
Protection against unfair competition
In term of section 142(3) of the Code, any pe rson or association of producers, manufacturers
or traders aggrieved by any act of unfair competition may institute proceedings in Court to prohibit
the continuance of such act.  This section further states that the provisions of Chapter XXXII of theCode relating to infringements are applicable, mutatis mutandis , to such proceedings.  Chapter XXXII
deals with, among other things, application to, and proceedings before, the Director and the Court.
Rights of owners
The owner of a patent has, subject to certain statutory restrictions, the exclusive right to
exploit the invention, to assign and transmit the patent and to conclude licence contracts.  Any of the
acts referred to above cannot be performed without the consent of the owner of the patent.  The
registered owner of an industrial design has the exclusive right (a) to reproduce and embody such
industrial design in making a product, (b) to import, offer for sale, sell or use of a product embodyingsuch industrial design, (c) to stock a product embodying such industrial design (d) to assign and
transmit the registration and (e) to, conclude licence contracts.  The registered owner of a mark has,
subject to relevant statutory provisions, the exclusive right to use the mark, assign or transmit the
registration of the mark and conclude licence contract.  Third parties are precluded from any use of a
mark or a sign resembling it in such a way as to be  likely to mislead.  The Code also protects both
economic rights and moral rights of the authors of literary, artistic and scientific works.  The
economic rights include the right to reproduce the work, to make a translation, adaptation or any formof transformation of the work and to communicate the work to the public whereas the moral rights
encompass the right to authorship and the right against distortion.  The economic and moral rights are
generally protected during the life of the author and for 50 years after his death.
Licence Contracts
The registered owner of a patent or design can enter into "licence contract" by which he
grants to another person or enterprise a licence to exercise his rights to the patent or the design.  The
owner of a mark can grant by way, of a licence contract, the right to use the mark for all or part of the
goods or services in respect of which the mark is registered.  The law provides, inter alia , the form
and record of licence contracts, rights of licensee, nullity of a licence contract, cancellation of a
licence contract, licence contracts involving payments abroad and expiry, termination and invalidation
of a licence contract.  The owner of copyright has the right to grant licences to exercise his economic
rights to the work.
Renunciation and Nullity
The registered owner of a patent, mark or design may renounce or surrender the registration
by declaration in writing signed by him or on hi s behalf and submitted to the Director who will, onIP/Q/LKA/1, IP/Q2/LKA/1,
IP/Q3/LKA/1, IP/Q4/LKA/1
Page 6
receipt of the declaration, record it in the Register and publish the same in the Gazette.  The Court has
the power and jurisdiction to declare the registration of a patent, design or mark null and void on any
of the grounds as declared by law.
Assignment and Transmission
The application for registration or the registration of a patent, mark or design may be assigned
or transmitted.  Any person becoming entitled by as signment or transmission of such application or
registration may apply to the Director in the prescribed manner to have such assignment or
transmission recorded in the Register concerned.  It will not be so recorded unless, in the case of an
assignment, it is written and signed by or on behalf of the contracting parties.  Such assignment ortransmission has no effect against third parties unless it is recorded in the Register.  The owner of a
copyright can transfer his economic rights and not moral rights.
Review of the decisions of the Director
The decisions of the Director are subject to review by the High Court of the Western Province
and then the Supreme Court.
Priority
An applicant for the registration of a mark, industrial design or patent can claim, for his
application, priority of an application earlier made by him or his predecessor in title in a convention
country under the Paris Convention for the Protection of Industrial Property.  The priority must be
claimed within a period of one year for patents and six months for trademarks and industrial designs
from the date of such earlier application.
On International Obligations
Sri Lanka has become a party to several international instruments on Intellectual Property.
They are the Paris Convention for the Protection of Industrial Property (since 1952), The Madrid
Agreement for the Repression of False or Deceptive Indication of Source on Goods (since 1952), The
Nairobi Treaty for the Protection of Olympic Sy mbol (since 1984), The Patent Cooperation Treaty
(since 1982), The Berne Convention for the Protection of Literary and Artistic Works (since 1959),
the Universal Copyright Convention (since 1983),  The Convention Establishing the WIPO (since
1979), the Agreement on TRIPS under WTO System  (since 1995) and the Trademark Law Treaty
(since 1996).  All major conventions relating to "classification" are followed, even though Sri Lanka
has not signed them.
On Infringement and Enforcement
The Code recognizes a series of statutory offences involving the infringement of intellectual
property rights. These offences are declared to be cognisable and bailable within the meaning of theCode of Criminal Procedure Act No. 19 of 1979. Infringement of copyright, industrial designs,
patents and marks, false representation regarding industrial designs, patents and marks, and unlawful
disclosure of information relating to patents are some of such offences.  A person who is found guilty
of an offence may be punished with a fine or imprisonment or both.
Such infringement may also result in civil litigation whereby the dependant may be restrained
by an injunction and ordered to pay damages to the affected party.  The Code provides for remedies in
civil action falling into 3 categories - infringement  proceedings by the registered owner of a mark,
patent or design or the owner of the copyright, infringement proceedings by or at the request of theIP/Q/LKA/1, IP/Q2/LKA/1,
IP/Q3/LKA/1, IP/Q4/LKA/1
Page 7
licensee and declaration of non-infringement.  Importa tion of goods in violation of the rights protected
under the Code is prohibited and governed by  the provisions of the Customs Ordinance.
The Code also makes provisions with regard to evidentiary and procedural provisions,
description of a mark in pleading, rules on giving of evidence, issue of search warrant and disposal of
goods seized, costs of actions and period of limitation.
On Public Awareness and Institutions
While assuring that these new amendments will be enacted by Parliament at the earliest
convenience, I should report to you that the Gove rnment of Sri Lanka is implementing a project, in
addition to updating the law, covering various important aspects of intellectual property, namely:
(i) Institution building and upgrading the intellectual property administrative
system;
(ii) Public awareness building;  and
(iii) Human resource development mainly in the Intellectual Property Office,
legal profession, judiciary, customs and police.
The Government of Sri Lanka expects to have an intellectual property law, which is fully
complied with the TRIPS requirements when the proposed laws are finally enacted by Parliament.
While using the Intellectual Property System as an instrument for development the Sri Lanka
Government is fully committed to honour its obligations to the member countries and international
community.
II. RESPONSE TO A QUESTION POSED BY AUSTRALIA
PATENTS (INCLUDING PLANT VARIETY PROTECTION )
How does your country provide protection for new plant varieties as required under
Article 27.3(b)?  If your legislation is based on the UPOV system, on which UPOV Act was it
modelled?  Can new plant varieties be protected by patent in your country?
A separate law is being prepared to protect plant varieties under a sui generis.
III. RESPONSES TO QUESTIONS POSED BY CANADA
1. Please describe how the enforcement obligations (Articles 41-61 of the TRIPS
Agreement and throughout) have been implemented.
(a) The provisions of the Code of Intellectual Property Act No. 52 of 1979, as amended by Acts
Nos. 30 of 1980, 2 of 1983, 17 of 1990, 13 of 1997 and 40 of 2000 and of the proposed amendments
to the Code of Intellectual Property Act are consistent with Articles 41-61 of the TRIPS Agreement.
Chapter XXX of the Code of Intellectual Property Act provides for offences, penalties and
procedures in respect of infringement of intellectual property rights.  The procedure covers, inter alia,
the provisions relating to investigation and prosecution including search warrants and orders for
disposal of infringing goods (particularly Sections 144-157, 163 and 170).IP/Q/LKA/1, IP/Q2/LKA/1,
IP/Q3/LKA/1, IP/Q4/LKA/1
Page 8
Chapter XXXII of the Code makes provisions with regard to civil remedies and procedure for
infringement of intellectual property rights including injunctions, damages and other just and
appropriate relief as well as appeals (Section 21 and Sections 174-182).
Section 166 makes provisions for the prohibition of importation of goods in violation of
intellectual property rights.
The provisions of High Court of the Provinces (Special Provisions Act No. 10 of 1996) has
established a special Court with exclusive first instance civil jurisdiction in matters involving
intellectual property.  This Act has also simplified the appellate system by allowing the parties to
make an appeal from the decision of the High Court straight to the Supreme Court – the highestAppellate Court of the country.  In normal circumst ances, such appeal is made first to the Court of
Appeal and then to the Supreme Court.
(b) Under the proposed amendments to the Code of Intellectual Property Act the provisions
relating to enforcement have been expanded.
The provisions relating to criminal sanctions have been improved mainly by enhancing the
punishment (increasing the original fine Rs.20,000/ - to Rs.500,000/-, the term of imprisonment stands
at six months) and introducing new offences (Clauses 32 - 41).
The proposed law has also improved and expanded the provisions relating to the civil
remedies and procedure, including such areas as injunctions, damages, interim measures, right of
information and disposal of infringing goods.  The plaintiff has the right to claim either actual
damages or statutory damages.  The Court may also grant any other just and appropriate relief.
(Clauses 49 - 53)
The proposed law expands the existing provisions with regard to broader control.
Accordingly, importation and exportation of any goods in contravention of intellectual property rights
are prohibited.  The Customs Officials are empowered to treat such goods as the goods that are
prohibited goods under Customs Ordinance.  Moreover, the provisions are also available for the
suspension of infringing goods by Customs Authorities (Clauses 43, 44).
Clause 3 (Section 23) and Clause 17 deal with the infringement of copyright and related rights
and the burden of proof with regard to infringement of process patents.
Similar enforcement provisions are applicable to the infringement of layout-designs of
integrated circuits (Sections 12 - 16 of the proposed law).
2. What protection does your Copyright legislation afford to "foreign works"?
 The works of nationals of Sri Lanka and those of the nationals of other Members receive
equal protection.
(a) The protected works include all the works which, by virtue of the Treaties entered
into by Sri Lanka, must be protected (Section 22 of the Code).
(b) The existing provisions have been recast under the proposed amendments covering
the works that must be protected in Sri Lanka by virtue of, and in accordance with,
any international convention or other international agreement to which Sri Lanka is a
party (Clause 3, Section 24c).IP/Q/LKA/1, IP/Q2/LKA/1,
IP/Q3/LKA/1, IP/Q4/LKA/1
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IV. RESPONSES TO QUESTIONS POSED BY THE EUROPEAN COMMUNITIES AND
THEIR MEMBER STATES
Note: Intellectual property law in Sri Lanka is governed by the Code of Intellectual Property Act
No. 52 of 1979 (as amended) (referred to herein as the "Code").  Amendments are proposed to the
Code in line with the TRIPS Agreement (referre d to herein as the "proposed law").  These
amendments will be placed before Parliament soon.
A. GENERAL PROVISIONS
1. Please describe if your legislation includes measures necessary to protect public health
and nutrition, and to promote the public interest in sectors of vital importance to your socio-
economic and technological development as mentioned under Article 8 TRIPS.  If yes, pleaseexplain how such measures are consistent with the provisions of the TRIPS Agreement.
The law does not make any express provision with regard to the matters referred to in
Article 8 of the TRIPS Agreement.
B. C
OPYRIGHT AND RELATED RIGHTS
2. Please state how your legislation provides for the protection of the exclusive rights of
authors in relation to their literary and artistic works, as specified in Article 9 of TRIPS which
requires Members to comply with Articles 1-21  of the Berne Convention and the Appendix to
the Berne Convention (1971).
Section 7 of the present law protects all original literary, artistic and scientific works.  The
similar provisions are made in the proposed law under Section 7 in line with Article 9 of the TRIPS
Agreement.
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
Computer programs are protected as literary works (Section 7).  Collections of work are
protected as derivative works (Section 8).  Sections 7 and 8 of the proposed law makes provisions for
the protection of computer programs as literary works and collection of works and databases
respectively.
4. Please state whether your legislation provides for a rental right and, if so, the works to
which it applies.
The proposed law makes the following provisions:
10(1)(d) - the public distribution of the original and each copy of the work by sale, rental or
otherwise.
(e) - rental of the original or a copy of a audio visual work, a work embodied in a sound
recording, computer program, a database or a musical work in the form of notation,
irrespective of the ownership of the original or copy concerned.IP/Q/LKA/1, IP/Q2/LKA/1,
IP/Q3/LKA/1, IP/Q4/LKA/1
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5. Please describe the rights granted to performers, producers of phonograms (sound
recordings) and broadcasting organizations under your legislation.
The proposed law provides for the following rights.
Performers
• The broadcasting or other communication to the public of his performance.
• The fixation of his unfixed performance.
• The reproduction of a fixation of his performance.
Producers of sound recordings
• Direct or indirect reproduction of the sound recording.
• Importation of copies of the sound recording even where such imported copies were
made with the authorization of the producer.
• Adaptation or other transformation of the sound recording.
• Rental of a copy of the sound recording irrespective of the ownership of the copy
rented.
Broadcasting Organisations.
• The use by a physical person exclusively for his own personal purposes.
• Using short excerpts for reporting current events to the extent justified by the purpose
of providing current information.
• Use solely for the purpose of face to face teaching activities or for scientific research.
• Cases where, under copyright, a work can be used without the authorization of the
author or other owner of copyright.
6. Please state whether your legislation provides for any limitation or exception in relation
to each of the rights described above in acco rdance with the relevant provisions of the Berne
and Rome Conventions and in light of Articles 13 and 14.6 of the TRIPS Agreement.
Copyright
• Fair use.
• Related rights.
• The use by a physical person exclusively for his own personal purposes.IP/Q/LKA/1, IP/Q2/LKA/1,
IP/Q3/LKA/1, IP/Q4/LKA/1
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• Using short excerpts for reporting current events to extend justified by the purpose of
providing current information.
• Use solely for the purpose of face to face teaching activities or for scientific research.
• Cases where, under copyright, a work can be used without the authorization of author
or other owner of copyright.
7. Please state the terms of protection of each right described above and the work or
subject matter to which it applies.
Copyright
During the lifetime of the author and 50 years after his death.
Related rights
The performers' rights are protected from the moment in which the performance takes place
until the end of the 50th calendar year following the year in which the performance takes place.
Rights of the producers of sound recording are protected from the publication of sound
recording until the end of the 50th calendar year following the year of publication or, if the sound
recording has not been published, from the fixation of the sound recording until the end of the 50th
calendar year following the year of fixation.
The rights of the Broadcasting Organization are protected from the moment when  the
broadcasting takes place until the end of the 50th calendar year following the year in which broadcasts
takes place.
8. Please state how your legislation grants the retroactive protection provided pursuant to
Article 18 of the Berne Convention (the obligatio n of which derives from Article 9 of the TRIPS
Agreement) and Article 14.6 of the TRIPS Agreement.
The proposed law contains the following provision (Clause 56):
"Amendment to Part II of the principal enactment shall be deemed for all purposes to have
come into operation on the date on which the principal enactment came into operation
provided that the term of protection had not expired under the principal enactment or under
the legislation of the country of origin of such works, performances, sound recordings or
broadcasts that are to be protected under an international treaty to which Sri Lanka is a party."
9. Please explain whether the droit de suite  provided for in Article 14 ter of the Berne
Convention is protected in your legislation?
No.IP/Q/LKA/1, IP/Q2/LKA/1,
IP/Q3/LKA/1, IP/Q4/LKA/1
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Additional question 1:1
Please provide details as to where provisio ns for "rental rights", in accordance with
Articles 11 and 14.4 of the TRIPS Agreement, are to be found in the Code of Intellectual
Property Act No 52 of 1979 (as amended).
The Code of Intellectual Property Act No. 52 of 1979 does not provide for rental rights but
Section 10(1)(e) of the proposed law makes necessary provisions.
Additional question 2:
With particular reference to the element of fi xation, please indicate where, in Act 52 of
1979, provisions in compliance with Article 14.1 of the TRIPS Agreement are to be found.
The Act No. 52 of 1979 does not make provisions relating to fixation but Section 18(2) of the
proposed law makes necessary provisions.
Additional question 3:
With particular reference to indirect reproduct ion, please state where provision is to be
found in Act 52 of 1979 for producers of phonograms to enjoy such protection in compliance
with Article 14.2 of the TRIPS Agreement.
The Act No. 52 of 1979 does not contain provisions in compliance with Article 14.2 but
Section 19(1)(a) of the proposed law makes necessary provisions.
Additional question 4:
Again with particular reference to the prohibition on fixation, please indicate where
protection for broadcasting organizations, in  compliance with Article 14.3 of the TRIPS
Agreement, is to be found in Act 52 of 1979.
The Act No. 52 of 1979 does not contain provisions in compliance with Article 14.3 but
Section 21(1)(c) and (d) of the proposed law makes necessary provisions.
Additional question 5:
Please advise whether Section 22(c) of Act 52 of 1979 will be interpreted in Sri Lanka to
mean that all works of the kind covered by Part II, Chapter II of that Act are protected in the
precise terms of the TRIPS Agreement; the Paris Convention (1967); the Berne Convention
(1971); and the Rome Convention (1961).
Section 22(c) of the Act No. 52 of 1979 applies only to the relevant provisions of the Berne
Convention.
                                                     
1 The following additional questions were subsequently received (IP/C/W/324/Add.4).IP/Q/LKA/1, IP/Q2/LKA/1,
IP/Q3/LKA/1, IP/Q4/LKA/1
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Additional question 6:
Please advise where in particular provisions in compliance with Articles 3, 4 and 5 of the
Berne Convention are to be found in Act 52 of 1979.
Section 22(c) of the Act No. 52 of 1979.
Additional question 7:
Please also indicate where provisions corresponding to Article 18 of the Berne
Convention are to be found in Act 52 of 1979.
The Act No. 52 of 1979 does not contain such provisions and Clause 56 of the proposed law
makes necessary provisions for retrospective effect.
Additional question 8:
Please explain why Section 15 of Act 52 of 1979 is not to be interpreted as being in
conflict with Article 8 of the Berne Convention.
This Section has been removed under the proposed law.
Additional question 9:
Please advise where provisions corresponding to each of Articles 51 to 60 of the TRIPS
Agreement are to be found in Act 52 of 1979 or elsewhere in the national legislation of
Sri Lanka.
Provisions of Part VI and Chapter XXXII of the Act No. 52 of 1979 are in compliance with
the TRIPS requirement to a great extent.  In addition, the Code of Criminal Procedure Act, the Civil
Procedure Code and the Judicature Act make necessary provisions with regard to remedies and
judicial process.  The proposed law makes necessary provisions fully, in line with the Articles 51 to
60 of the TRIPS Agreement.
C. TRADEMARKS
10. Please give the definition of a sign under your national legislation and explain under
what conditions it is protectable.
The law does not define "a sign".  However, trademark means a visible sign serving to
distinguish goods of one enterprise from those of other enterprises whereas service mark means any
visible sign serving to distinguish the services of one enterprise from those of other enterprises.
A sign which is admitted as a trademark or service mark can be protected under the
conditions applicable to trademarks and service marks.
11. Please confirm whether or not services are a protectable subject matter in your
trademark law.  Please confirm if signs, such as trade names, are protectable.  Please describe ifelements such as sound, perfumes and containers are protectable.
Services are protectable.  Trade names are protectable.  Containers are protectable but not
sound and perfumes.IP/Q/LKA/1, IP/Q2/LKA/1,
IP/Q3/LKA/1, IP/Q4/LKA/1
Page 14
12. Please explain what the requirements of use are, if any, as a condition for a trademark
registration.  Please explain the definition of use and the conditions of maintenance of a
registration in that respect.
Use is not required.
13. Please confirm whether or not your legislation permits that the registration of
trademarks be indefinitely renewable.
The registration of a trademark is indefinitely renewable.
14. Please describe the special requirements, if any, prescribed by your legislation
concerning the use of a trademark.
If the registered owner of a mark has, wit hout valid grounds fails to use the mark within
Sri Lanka or cause it to be used within Sri Lanka by virtue of a licence for a period of five years the
Court may on an application of any interested person may order the removal of the mark.
Additional question 10:1
Please indicate where in Act 52 of 1979 provision is made for compliance with the
presumption specified in Article 16.1 of the TRIPS Agreement of a likelihood of confusion being
presumed in the case of the use of an identical sign for identica l goods or services by a third
party.
The Act No. 52 of 1979 does not contain provisions with regard to the presumption but the
required provisions are introduced under Section 117 of the proposed law (Clause 26).
Additional question 11:
Please indicate where in Act 52 of 1979 provision is made for compliance with Article
16.2 and 16.3 of the TRIPS Agreement relating to well-known trademarks.
Section 100(1)(d). However, the provisions in line with Article 16.2 & 16.3 are made under
Section 100(1)(d) of the proposed law.
Additional question 12:
Please explain whether the provisions of Section 166 of Act 52 of 1979 read with the
relevant Sections of the Customs Ordinance, a re in compliance with Articles 51 to 60 of the
TRIPS Agreement.
Section 166 of the Act No. 52 of 1979 will be expanded to comply with TRIPS requirements
under the proposed law (Section 166 and 166A).
                                                     
1 The following additional questions were subsequently received (IP/C/W/324/Add.4).IP/Q/LKA/1, IP/Q2/LKA/1,
IP/Q3/LKA/1, IP/Q4/LKA/1
Page 15
D. GEOGRAPHICAL INDICATIONS 
15. Please explain whether or not your trademark registration authority refuses a
trademark application if it contains a geographical indication.
A geographical indication cannot be registered as a trademark if it is likely to mislead the
trade circles or the public as to the nature, the source, the manufacturing process or the characteristics
of the goods or services concerned (Section 99(1)(f)).
16. Please give the definition of a geographical indication in your legislation.
"'Geographical indication' means an indication which identifies a good, as originating in the
territory of a country, or a region or locality in that territory, where a given quality, reputation of other
characteristic of the goods, is essentially attributable to its geographical origin." (proposed law)
17. Please describe and explain the provisions of your legislation establishing a link, if any,
between the characteristics of an indication and its geographical origin.
See the definition of geographical indication, above.
18. Please describe how additional protection is granted by your legislation to wines and
spirits.  Please mention other types of products, if any, covered by this additional protection.
Section 99(1)(f) provides that a mark which is likely to mislead the trade circles or the public
as to the nature, the source, the manufacturing processes and the characteristics of the goods is not
registerable.
Section 142(A) of the proposed law makes specific provisions with regard to wines and
spirits.
Other types of products are not so specifically mentioned.
19. Please explain how exceptions under Article 24 of the TRIPS Agreement are used in
your jurisdiction.  Please provide examples of the use of the exceptions by courts or lists of
names considered as generic in your jurisdiction.
The law does not specifically make any general exception.  However, for example,
Section 118 of the law provides that the registration of the mark shall not confer on its registered
owner the right to preclude third parties:
"from using bona fide their names, addresses, pseudonyms, a geographical name, or exact
indications concerning the kind, quality, quantity, destination, value, place of origin or time of
production or of supply of their goods and services, in so far as such use is confined to the
purposes of mere identification or information and cannot mislead the public as to the sourceof the goods or services;"IP/Q/LKA/1, IP/Q2/LKA/1,
IP/Q3/LKA/1, IP/Q4/LKA/1
Page 16
E. INDUSTRIAL DESIGNS
20. Please explain whether or not your legislat ion extends to the protection of designs
dictated essentially by technical or functional considerations.  Please explain how textile designs
are protected.
The law does not protect anything in an industrial design which serves only to obtain a
technical result.
The textile designs are protected like any other design if it is new and it is not scandalous or
contrary to morality or public order or is not likely to offend religious or racial susceptibility of any
community.
21. Please explain how your legislation protects right holders of a design against importing
of articles bearing embodied or copied design.
Section 44 of the Code grants the exclusive rights to the registered owner including to import,
offer or sale, sell or use a product embodying such industrial design.
22. Please state whether or not your legislation provides for the right to issue a compulsory
licence for industrial designs.
Does not provide.
23. Please indicate for what period of time your legislation grants protection for industrial
designs.
Fifteen years.
Additional question 13:1
Please explain if the provisions of Section 44(1) of Act 52 of 1979 include the right of the
owner of a registered design to prevent a third party from committing an act of infringement in
relation to "substantially a copy" of the protected design as provided for in Article 26.1 of the
TRIPS Agreement.
Section 44(3) makes the necessary provisions.
F. PATENTS
24. Please describe how your legislation defines the notions of novelty, inventiveness and
industrial application.
Novelty
(i) An invention is new if it is not anticipated by prior art.
(ii) Prior art shall consist of -
                                                     
1 The following additional question was subsequently received (IP/C/W/324/Add.4).IP/Q/LKA/1, IP/Q2/LKA/1,
IP/Q3/LKA/1, IP/Q4/LKA/1
Page 17
everything disclosed to the public, anywhere in the world, by written publication or,
in Sri Lanka, by oral disclosure, by use or in any other way, prior to the filing or,
where appropriate, priority date of the patent application claiming the invention;
the contents of a domestic patent application having an earlier filing or, where
appropriate, priority date than the patent application referred to in paragraph (a), to
the extent that such contents are included in the patent granted on the basis of the said
domestic patent application.
(iii) A disclosure made under subsection (2)(a) shall be disregarded-
if such disclosure occurred within one year preceding the date of the patent
application and if such disclosure was by reason or in consequence of acts committed
by the applicant or his predecessor in title;
if such disclosure occurred within six months preceding the date of the patent
application and if such disclosure was by reason or in consequence of any abuse of
the rights of the applicant or his predecessor in title.
Inventiveness
An invention shall be considered as involving an  inventive step if, having regard to the prior
art relevant to the patent application claiming th e invention, such inventive step would not have been
obvious to a person having ordinary skill in the art.
Industrial application
An invention shall be considered industrially applicable if it can be made  or used in any kind
of industry.
25. Please explain whether or not in your legislat ion, patent or otherwise, patent rights are
enjoyed without any exclusions.  If exclusions a re provided for, please describe in detail how
these exclusions are applied in legal as well as practical terms.
The patent rights:
• extend only to acts done for industrial or commercial purposes and in particular not to
acts done only for scientific research;
• not preclude a person having the rights referred to in Section 83 or a licensee from
exploiting the patented invention;
• not extend to the presence or use of products on foreign vessels, aircraft, spacecraft,
or land vehicles which temporarily or accidentally enter the waters, airspace or
territory of Sri Lanka.IP/Q/LKA/1, IP/Q2/LKA/1,
IP/Q3/LKA/1, IP/Q4/LKA/1
Page 18
26. Please explain whether your legislation prov ides for the exclusion of inventions from
patentability based on ordre public or morality.  If so, please explain the relevant section of
your legislation and explain its formulation.  Please also explain if it has been applied in
practice.
Under the proposed law any invention, the prevention within Sri Lanka of the commercial
exploitation of which is necessary to protect the public order, or morality including the protection of
human, animal or plant life or health or the avoidance of serious prejudice to the environment is not
patentable.
27. Please explain whether or not diagnostic, therapeutic and surgical methods are excluded
from patentability in your legislation.  If so, please explain the relevant section of yourlegislation and explain its formulation.
Section 59(3)(d) provides that method for the treatment of the human or animal body by
surgery or therapy, and diagnostic method practised on human or animal body are not patentable.
28. Please explain whether or not plants, animals and essentially biological processes are
excluded from patentability in your legislation.  If so, please explain the relevant section of your
legislation and explain its formulation.
Section 59(3)(b) provides that plants or animal varieties or essentially biological processes for
the production of plant or animals, other than micro biological processes and the product of such
processes are not patentable.
29. Please describe how micro-organisms, non-essentially biological processes,
microbiological processes and plant varieties are prot ected in your legislation.  Please explain, in
this respect, the relevant sections of your legislation.
Please see the answer to question no. 28.
A law is being prepared to protect plant varieties under a sui generis  system.
30. Please explain how your legislation protects  patent right holders against the importing
and against the offering for sale of a patented invention.
Section 81 provides as follows:
When the patent has been granted in respect of a product-
• making, importing, offering for sale, selling and using the product;
• stocking such product for the purpose of offering for sale, selling or using.
When the patent has been granted in respect of a process-
• using the process;
• doing any of the acts referred to in paragraph (a), in respect of a product obtained
directly by means of the process.IP/Q/LKA/1, IP/Q2/LKA/1,
IP/Q3/LKA/1, IP/Q4/LKA/1
Page 19
31. Please state if your legislation provides for patent product protection of pharmaceutical
and agricultural chemical products.  In the a ffirmative, please indicate the legal reference.
Yes.  Section 59.
32. Please clarify if the patent protection of a process, as provided for in your legislation,
covers the product obtained directly by that process.
Yes.  Section 81.
33. Please explain the additional conditions, if any, in your legislation other than the
sufficient disclosure of the invention in Articl e 29 of the TRIPS Agreement (e.g. submission of
justification for access to genetic material or prio r inform consent to its use).  If such additional
conditions exist, please point out the relevant le gislation and describe the additional conditions
in detail.
No additional conditions.
34. Please describe if your legislation provides for limited exceptions to the exclusive rights
conferred by a parent.  If affirmative, please make a reference to relevant legislation.
The patent rights:
• extend only to acts done for industrial or commercial purposes and in particular not to
acts done only for scientific research;
• not preclude a person having the rights referred to in Section 83 or a licensee from
exploiting the patented invention ;
• not extend to the presence or use of products on foreign vessels, aircraft, spacecraft,
or land vehicles which temporarily or accidentally enter the waters, airspace orterritory of Sri Lanka.
35. Please explain whether or not your legislatio n provides for compulsory licensing.  If so,
please explain in detail the conditions under which a compulsory licence may be granted.  In
particular, please explain how your national le gislation considers individual merits in the
authorization of such use.
Does not provide.
36. Please explain how your legislation explicitly ensures that a proposed user has made
efforts to obtain authorization from the righ t holder on reasonable commercial terms and
conditions and that such efforts have not been successful within a reasonable period of time.  In
this context, how do you define "reasonable period of time".  Please also explain how your
legislation ensures that the use of a compulsory  licence shall be author ized predominantly for
the supply to the domestic market of the Member authorizing such use.
Not applicable.IP/Q/LKA/1, IP/Q2/LKA/1,
IP/Q3/LKA/1, IP/Q4/LKA/1
Page 20
37. Please state if your legislation grants addi tional protection for innovations after the 20
years of patent protection has lapsed.
No.
38. Please explain how your legislation provides for the reversal of the burden of proof in
relation to process patents.
The proposed amendment (Section 81 (A)) provides as follows:
"Where the subject matter of a patent is a process for obtaining a product, the burden of proof
in a civil action of establishing that an alleged infringing product was not obtained by that
patented process shall be on the alleged infringer-
- if the product obtained by the patented process is new; or- if a substantial likelihood exists that the product was made by the patented process
and the patent owner has been unable through reasonable efforts to determine theprocess actually used.
In the gathering and evaluation of evidence the legitimate interests of the alleged infringer in
protecting his undisclosed information shall be taken into account".
Additional question 14:
1
Please explain how Section 80 of Act 52 of 1979 complies with Article 33 of the TRIPS
Agreement.   
Section 80 of the Act No. 52 of 1979 is amended under the proposed law to comply with
Article 33 of the TRIPS Agreement.
Additional question 15:
Please advise where provisions in complian ce with Article 31 of the TRIPS Agreement
are to be found in Act 52 of 1979.
The Act No. 52 of 1979 does not contain any provision with regard to "the use without
authorization of the right holder".
Additional question 16:
Please advise where provisions in complian ce with Article 34 of the TRIPS Agreement
are to be found in Act 52 of 1979.
The Act No. 52 of 1979 does not contain such provision but the proposed law will make
necessary provisions (Clause 17).
                                                     
1 The following additional questions were subsequently received (IP/C/W/324/Add.4).IP/Q/LKA/1, IP/Q2/LKA/1,
IP/Q3/LKA/1, IP/Q4/LKA/1
Page 21
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects topographies.
A law is proposed to protect lay out designs of integrated circuits under a sui generis  system
in line with the TRIPS Agreement. 
40. Please explain what protection your national  legislation grants to right holders against
the unlawful importation, sale or distribution for commercial purposes of topographies
including integrated circuits or other articles in which a topography is incorporated in
accordance with Article 36 of the TRIPS Agreement.
The registered owner is given exclusive right to import, offer for sale, sell or otherwise
distribute for commercial purposes the protected lay out design or integrated circuits in which theprotected lay out design is incorporated or an article incorporating such an integrated circuit in so far
as it does not contain an unlawfully reproduced lay out designs.
41. Please explain how your legislation provi des for the derogation from Article 36 as
specified in Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable
grounds to know when acquiring an integrated circuit or an article incorporating such an
integrated circuit that it contains an unlawful topography.
Section 4(2)(iv) of the proposed law provides as follows:
The performance of any act referred to in paragraph (ii) of subsection (1) in respect of an
integrated circuit incorporating an unlawfully reproduced layout-design or any article
incorporating such an integrated circuit, where the person performing or ordering such an act
unknowingly performs or orders such an act and has no reasonable grounds to know, when
acquiring the integrated circuit or the article in corporating such an integrated circuit, that it
incorporated an unlawfully reproduced layout design.
Provided however, where the person performing or ordering any act under this paragraph, is
notified that such layout design is an unlawful reproduction, then such person may, perform
or order any act only with respect to the stock in hand or ordered before he was so notified
and shall be liable to pay to the right holder a sum equivalent to a reasonable royalty such as
would be payable under a freely negotiated licence in respect of such layout design.
42. Please state the term of protection granted by your legislation to topographies.
Ten years from the date of commencement of the protection.
Additional question 17:
1
Please advise where provisions in complian ce with Article 35 through to 38 are to be
found in Act 52 of 1979 and, if no such direct provisions are in operation in Sri Lanka, what
steps (if any) are being implemented in Sri La nka to bring about compliance with the TRIPS
Agreement.
The Act No. 52 of 1979 does not contain any provision with regard to layout-designs of
integrated circuits.  A new law will be soon passed.
                                                     
1 The following additional question was subsequently received (IP/C/W/324/Add.4).IP/Q/LKA/1, IP/Q2/LKA/1,
IP/Q3/LKA/1, IP/Q4/LKA/1
Page 22
H. PROTECTION OF UNDISCLOSED INFORMATION
43. Please explain whether or not your legislatio n grants a defined period of time for the
protection of undisclosed information.  If so, please give the time span.
No.
44. Please explain how your legislation defines "undisclosed information".
Information is considered undisclosed information if:
(i) it is not, as a body or in the precise configuration and assembly of its components,
generally known among, or readily accessible to, persons within the circles that
normally deal with the kind of information in question;
(ii) it has actual or potential commercial value because it is secret; and(iii) it has been subject to reasonable steps under the circumstances by the rightful holder
to keep it secret.
The undisclosed information includes (proposed law):(i) Technical information related to manufacture of goods or the provision of services or
business information which includes internal information which an enterprise hasdeveloped so as to be used within the enterprise.
(ii) Business information which includes the internal information which an enterprise has
developed so as to be used within the enterprise.
45. Please explain how your legislation de fines data submitted to governments or
governmental agencies.
(a) No such definition is given.
(b) The proposed law provides:Any act or practice, in the course of industrial or commercial activities, shall be considered an
act of unfair competition if it consists or results in-
- an unfair commercial use of secret test or other data, the origination of which
involves considerable effort and which have been submitted to a competent authority
for the purposes of obtaining approval, of the marketing of pharmaceutical oragricultural or chemical products which utilise new chemical entities; or
- the disclosure of such data, except where necessary to protect the public, or unless
steps have been taken to ensure that the data is protected against unfair commercial
use.IP/Q/LKA/1, IP/Q2/LKA/1,
IP/Q3/LKA/1, IP/Q4/LKA/1
Page 23
Additional question 18:1
Please advise whether Act 52 of 1979, or any other provision of the law of Sri Lanka,
contains provisions in compliance with Article 39 of the TRIPS Agreement.
The Act No. 52 of 1979 does not contain any provision with regard to the protection of
undisclosed information but the proposed law will make necessary provisions (Section 142).
I. ENFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
(a) The current law provides for civil remedies including provisional measures, criminal
sanctions and broader measures.
(b) These provisions will be expanded and strengthened under the proposed law.
47. Please explain whether or not your legislation provides for a mechanism to appeal to
judicial bodies of final administrative decisions.
The appeals are available under Section 182.
48. Please describe how your legislation authorizes judges to order production of evidence
by the opposing party.  Please give precise information on what measures are taken to ensure
the protection of confidential information.
Under the law of civil procedure the Judges have authority in general to order production of
evidence by opposing parties.
The provisions of Section 179(4) of the proposed law makes special provisions with regard to
intellectual property.
49. Please quote provisions of your legislation that authorize judges to order a defendant to
desist from an infringement.
Sections 23 and 179.
50. Please quote what provisions of your legislation authorize judges to order the payment
to the right holder of adequate damages to compensate the injury he suffered.
Sections 23 and 179 of the Code and Section 179 of the proposed law.
51. Please quote what provisions of your legislation authorize judges to order the payment
of the right holder's expenses by the infringer.
Civil Procedure Code and Sections 164 and 179 of the Code of Intellectual Property Act.
                                                     
1 The following additional question was subsequently received (IP/C/W/324/Add.4).IP/Q/LKA/1, IP/Q2/LKA/1,
IP/Q3/LKA/1, IP/Q4/LKA/1
Page 24
52. Please explain if and how judges have the authority to order that infringing goods are
placed outside channels of commerce or destroyed.
The judges are empowered to make appropriate  orders under Section 163(3) and 179 of the
Code and Section 179(3)(b) of the proposed law.
53. Please quote what provisions of your legislation authorize judges to indemnify a
defendant in the event of abuse by the plaintiff.
Section 179 of the Code and Civil Procedure Code.
54. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
Section 179 of the Code and the law of injunc tion governed by Judicature Act No. 2 of 1978,
Civil Procedure Code and Law of Equity.
55. Please identify the competent authorities in your jurisdiction who receive requests from
right holders for an application to suspend the release of counterfeit goods by the customs
authorities.
Customs and Judiciary.
56. Please indicate whether or not procedures are available to suspend the exporting of
counterfeit goods.
Yes.
57. Please indicate whether or not your legislation provides for a de minimis  imports
exception.
Does not provide in general, but under Section 13(8) of the proposed law the importation of  a
copy of a protected work by a physical person for his own personal purposes is permitted.
58. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
Part VI of the Code provides for criminal sanctions and related matters.  Similar provisions
are also available in the proposed law (the proposed laws to amend the Code of Intellectual Property
Act and for the Protection of Layout Designs).
V. RESPONSES TO QUESTIONS POSED BY JAPAN
A. COPYRIGHT AND RELATED RIGHTS
1. Please explain exceptions or exemptions of  the National Treatment and Most-Favoured-
Nation Treatment under the Copyright and Neighbouring Rights Law, if any, as permitted in
Articles 3 and 4 of the TRIPS Agreement.
No exceptions or exemptions.IP/Q/LKA/1, IP/Q2/LKA/1,
IP/Q3/LKA/1, IP/Q4/LKA/1
Page 25
B. TRADEMARKS
2. Regarding "well-known trademark", please explain how legislation of your country
implements Article 16.2 and 16.3 of the TRIPS Agreement, which Article 6 bis of the Paris
Convention shall apply, mutatis mutandis , to.  Please cite the relevant provisions of your
country's law.
(a) Under the present Law, the well-known marks are protected (Section 100(1)(d) of the
Code).
(b) This section has been recast in the proposed Law to keep it in line with the relevant
provisions of the TRIPS Agreement.
C. PROTECTION OF UNDISCLOSED INFORMATION
3. Please explain how legislation of your county provides for the protection of
"Undisclosed Information" as required by Article 39.1 and 39.2 of the TRIPS Agreement.
Please explain in detail and please cite th e relevant provisions of your country's law.
(a) The proposed Law (proposed Section 142(6)(b)) provides for the protection of
undisclosed information, under the Law of unfair competition.
(b) Any act or practice, in the course of industrial or commercial activities, that results in
the disclosure, acquisition or use by others, of undisclosed information without the
consent of the person lawfully in control of that information and in a manner contrary
to honest practices constitutes an act of unfair competition.
(c) Information shall be considered "undisclosed information" if:
(i) it is not, as a body or in the precise configuration and assembly of its
components, generally known among, or readily accessible to, persons within
the circles that normally deal with the kind of information in question;
(ii) it has actual or potential commercial value because it is secret; and(iii) it has been subject to reasonable steps under the circumstances by the rightful
holder to keep it secret.
Any act or practice, in the course of industrial or commercial activities, shall be
considered an act of unfair competition if it consists or results in;
(1) an unfair commercial use of secret test or other data, the origination of which
involves considerable effort and which have been submitted to a competent
authority for the purpose of obtaining approval, of the marketing ofpharmaceutical or agricultural or chemical products which utilise new
chemical entities, or
(2) the disclosure of such data, except where necessary to protect the public, or
unless steps have been taken to ensure that the data is protected against unfaircommercial use.
The undisclosed information for the purpose of the Code shall include:IP/Q/LKA/1, IP/Q2/LKA/1,
IP/Q3/LKA/1, IP/Q4/LKA/1
Page 26
(i) technical information related to the manufacture of goods or the provision of
services; or
(ii) business information which includes the internal information which an
enterprise has developed so as to be used within the enterprise.
(d) The aggrieved persons may seek civil remedies including injunctions and damages.
Moreover, any unauthorized disclosure of undisclosed information also constitutes a
punishable offence.
4. If your legislation ensures that undisclosed te st or other data submitted by an applicant
to the responsible State agency in the procedur e for market authorisation of a pharmaceutical
or an agricultural chemical product is protected against disclosure and against unfair
commercial use by a competitor, for example by prohibiting a second applicant for a similar
product from relying on original data of the fi rst applicant, when applying subsequently for
market authorisation for a similar product, please explain it in detail.  Does legislation of your
country provide for exceptions to this?  Does legislation of your country set a specific term ofprotection by the responsible State agency for undisclosed test or other data of the first
applicant?  If yes, please explain such specific term in detail, citing the relevant provisions of
law.
Under the proposed law the required safeguards are offered under the law of unfair
competition.  The proposed Section 142(6)(d) provides as follows:
Any act or practice, in the course of industrial or commercial activities, shall be considered an
act of unfair competition if it consists or results in:
(i) an unfair commercial use of secret test or other data, the origination of which
involves considerable effort and which have been submitted to a competent authority
for the purposes of obtaining approval of the marketing of pharmaceutical or
agricultural or chemical products which utilise new chemical entities; or
(ii) the disclosure of such data, except where necessary to protect the public, or unless
steps have been taken to ensure that the data is protected against unfair commercialuse.
Thus such tests and data will be protected against unfair commercial use and disclosure as
required by Article 39.3 of the TRIPS Agreement.
The law of unfair competition which includes the protection of undisclosed information does
not establish time limits for the protection of such information.
D. E
NFORCEMENT
5. Please indicate the remedies which the judicial authorities order regarding each
intellectual property rights provided in the TRIPS Agreement, including injunctions, damages,
expenses, destruction or disposal of infringing goods, materials or implements for their
production.  Please explain the criteria and the way of calculation to decide the amount of the
damages which judicial authorities order to  the infringer to pay the right holder.
(a) Damages, injunctions, expenses of litigation, destruction or disposal of infringing
goods, material or implements used for their production.IP/Q/LKA/1, IP/Q2/LKA/1,
IP/Q3/LKA/1, IP/Q4/LKA/1
Page 27
(b) The amount of damages is a matter in the discretion of the judicial authorities.  Upon
the establishment of the actual damages, the judicial authorities will make the order.
(c) Under the proposed Law the aggrieved party is entitled to claim either the actual
damages or statutory damages.
6. Please explain the kind and amounts of criminal penalties including implement and fines
regarding intellectual property rights, citing th e relevant provisions of your country's law.  In
particular, are the crimes persecuted only when the injured party has made a formal
complaint?  Please explain whether penalties are consistent with Article 61 of the TRIPS
Agreement, which requires provisions for a sufficient deterrent, consistently with the level of
penalties applied for crimes of a corresponding gravity.
(a) The penalties are Rs. 20,000/- or imprisonment for a period not exceeding six months
or both.  The punishment can be doubled upon the second or subsequent conviction
(Sections 144 to 156).  Under the proposed Law the fine has been enhanced to
Rs.500,000/-.  Moreover, there are certain newly introduced offences.
(b) The crimes are mainly prosecuted when the injured party makes a formal complaint
to the police.
(c) The penalties are in line with the TRIPS requirements.  However, as mentioned
above, the fine has been increased.
7. Please indicate titles of laws and regulations and their provisions in which the
suspension of the release of counterfeit tradem ark or pirated copyright goods is prescribed, as
stipulated in Article 51 of the TRIPS Agreement.
(a) The Code of Intellectual Property Act No.52 of 1979, (as amended by Act No. 30 of
1980, No. 22 of 1983, No.17 of 1990, No.13 of 1997 and No.40 of 2000).
(b) The proposed amendments to the Code of Intellectual Property Act No.52 of 1979.
VI. RESPONSES TO QUESTIONS POSED BY SWITZERLAND
A. TRADEMARKS
1. Please explain how your legislation implem ents Article 62.2 of the TRIPS Agreement.
Please indicate how long it takes on average to register a trademark.  Please cite the relevant
provisions of your law.
The Code of Intellectual Property Act No. 52 of 1979, as amended by Acts Nos. 30 of 1980, 2
of 1983, 17 of 1990, 13 of 1997 and 40 of 2000, have made provisions for granting or registering the
rights within a reasonable period of time so as to avoid unwarranted curtailment of the period of
protection (Sections 106 and 107).
The registration process of a mark involves activities such as examination of the application
with regard to formal requirements, examination of the mark with regard to its admissibility under the
law, publication of the mark and opposition enquiries (Sections 106 and 107).IP/Q/LKA/1, IP/Q2/LKA/1,
IP/Q3/LKA/1, IP/Q4/LKA/1
Page 28
The date of application for registration is considered to be the date of registration, if the mark
is registered (Section 114).
It may take on average 9 to 12 months to register a trademark.
B. PATENTS
2. Does your legislation grant patent protection for inventions relating to products and
processes in all fields of technology?  Are there any exceptions?  If so, please explain what these
exceptions are and how they comply with Article 27 of the TRIPS Agreement.
Patents are granted for inventions relating to products and processes in all fields of
technology (Sections 59 and 60).  There are exceptions:
(a) discoveries, scientific theories and mathematical methods;(b) plant or animal varieties or essentially biological processes for the production of
plants or animals, other than micro-biological processes and the products of such
processes;
(c) schemes, rules or methods for doing business, performing purely mental acts or
playing games;
(d) methods for the treatment of the human or animal body by surgery or therapy, and
diagnostic methods practised on the human or animal body;
Provided, however, that this paragraph shall not apply to the products used in any
such methods (Section 59(3)).
These exceptions fully comply with Article 27.3 of the TRIPS Agreement.
Under the proposed law, the following are also not patentable:(a) An invention which is useful in the utilisation of special nuclear material or atomic
energy in an atomic weapon;
(b) Any invention, the prevention within Sri Lanka of the commercial exploitation of
which is necessary to protect the public order or morality, including the protection of
human, animal or plant life or health or the avoidance of serious prejudice to theenvironment.
These exceptions also comply with Article 27.2 of the TRIPS Agreement.
3. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of
the TRIPS Agreement, consider importation as "working" a patent (and therefore preclude
compulsory licensing, if a product is being imported)?
The Sri Lankan law does not provide for compulsory licences and therefore this question does
not arise.  The owner of a patent has the exclusive right, inter alia , to exploit the patented invention.
The phrase "exploitation" means any of the following acts in relation to a patent:
(a) when the patent has been granted in respect of a product:IP/Q/LKA/1, IP/Q2/LKA/1,
IP/Q3/LKA/1, IP/Q4/LKA/1
Page 29
(i) making, importing, offering for sale, selling and using the product;
(ii) stocking such product for the purpose of offering 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  (Section 81).
4. Does your legislation make the granting of  a compulsory licence subject to all the
conditions enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevant
provisions of law.
Sri Lankan law does not provide for compulsory licences.
5. Please indicate the term of protection granted to patents according to your law?
As the law stands today, the term of protection of a patent is 15 years after the date of grant
(Section 80).
Under the proposed law, a patent is protected for a term of 20 years after the date of
application for its registration.
6. Does your legislation provide for the principle of the reversal of burden of proof in a
process patent litigation?  Please cite the relevant provisions of law.
Under the proposed law, the required provisio ns have been made (Clause 17, Section 81(A)).
C. PROTECTION OF UNDISCLOSED INFORMATION
7. Please explain in detail if your legislation ensures that undisclosed test or other data
submitted by an applicant to the responsible State agency in the procedure for marketauthorisation of a pharmaceutical or of an agricultural chemical product is protected against
disclosure and against unfair commercial use by a competitor, for example by prohibiting a
second applicant from relying on, or from referring to the original data of the first applicant,
when applying subsequently for market auth orisation for a similar product.  Does your
legislation provide for exceptions to this? If yes, under what conditions would such exceptionsapply?  Does your legislation set a specific term of protection for undisclosed test or other data
of the first applicant?
Under the proposed law, the required safeguards are offered under the law of unfair
competition.  The proposed Section 142(6)(d) provides as follows:
"Any act or practice, in the course of industrial or commercial activities, shall be considered
an act of unfair competition if it consists or results in:
(i) an unfair commercial use of secret test or other data, the origination of which
involves considerable effort and which have been submitted to a competent authority
for the purposes of obtaining approval of the marketing of pharmaceutical or
agricultural or chemical products which utilise new chemical entities; orIP/Q/LKA/1, IP/Q2/LKA/1,
IP/Q3/LKA/1, IP/Q4/LKA/1
Page 30
(ii) the disclosure of such data, except where necessary to protect the public, or unless
steps have been taken to ensure that the data is protected against unfair commercial
use."
Thus such tests and data will be protected against unfair commercial use and disclosure as
required by Article 39.3 of the TRIPS Agreement.
The law of unfair competition, which includes the protection of undisclosed information, does
not establish time limits for the protection of such information.
These provisions will meet the two specific obligations established under Article 39.3 of the
TRIPS Agreement, namely:
(a) to protect such data against unfair commercial use; and(b) to protect such data against disclosure.The TRIPS Agreement does not impose any obligation to prevent anybody from obtaining
market approval for products identical or similar to those already approved.  Nor does it create any
obligation to grant any period of exclusivity in favour of a previous applicant for marketing approval.
The competent authority may grant marketing approv al to any applicant for his own version of a
previously approved pharmaceutical or agricultural chemical product provided he complies with the
relevant legal provisions.  All applicants will be treated equally.  The competent authority may use, in
his internal approval process, the information available to him regardless of its origin.  Such use of
information does not constitute an act of commercial use or disclosure.  The subsequent applicants
will not have access to the data submitted by the first or previous applicants.  Such data will not bedisclosed to the subsequent applicants.
Follow-up question:
Referring to the issue of unfair commercial use of data submitted by an applicant to the
responsible State Agency in the procedure for market authorization of a pharmaceutical or of
an agricultural chemical product, please speci fy whether the responsible State Agency will
require the same amount of data from a second  applicant requesting market authorization for a
similar or identical product as from the first applicant.
Yes.
D. ENFORCEMENT
8. Please indicate remedies provided by your legislation, which constitute effective
deterrents to infringements of intellectual property rights.
Criminal sanctions
The infringement of any of the rights protected under the law is an offence.  The offender can
be punished on conviction with an imprisonment for a period not exceeding six months and a fine not
exceeding Rs.20,000/- or both.  In the case of second or subsequent conviction the punishment can be
doubled (Sections 144-156).IP/Q/LKA/1, IP/Q2/LKA/1,
IP/Q3/LKA/1, IP/Q4/LKA/1
Page 31
Civil remedies
Upon the establishment of actual or imminent infringement of any of the protected rights, the
Courts are empowered to:
(a) grant injunctions;(b) award damages; and(c) grant any other just and appropriate remedies (Section 179).
Border measures
The importation of any good in violation of rights relating to trademarks and trade names is
prohibited (Section 166).
9. Please describe any new initiatives that are planned to improve enforcement of
intellectual property rights in your country, particularly initiatives related to criminal
enforcement.
Criminal sanctions
(a) The punishment has been enhanced under the proposed law by increasing the fine
from Rs.20,000/- to Rs.500,000/-.
(b) Under the proposed law, certain new offences have been introduced.  For example, a
person who has in his possession any infringing copy of any copyright work for
purposes of trade commits a punishable offence (Clause 32, Section 144).
(c) The provisions of the Code of Criminal Procedure Act will be made applicable to
offences relating to the infringement of inte llectual property making particularly the
investigation process more efficient and effective.
Civil remedies
The proposed law has introduced several new measures to ensure effective enforcement of
intellectual property rights.  For example, the plaintiff may claim, instead of actual damages, an awardof statutory damages (Section 179).  The Special Court set up for civil litigation in intellectual
property will be established in all Provinces of Sri Lanka for the purpose of cost effective and time
saving litigation.
Border measures
A set of comprehensive provisions has been proposed with regard to broader measures in line
with the TRIPS Agreement (Clause 43, Sections 166 and 166A).IP/Q/LKA/1, IP/Q2/LKA/1,
IP/Q3/LKA/1, IP/Q4/LKA/1
Page 32
VII. RESPONSES TO QUESTIONS POSED BY THE UNITED STATES
A. GENERAL
1. Please describe, in relation to each form of  intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which national treatment and
most favoured nation treatment are provided to nationals of other WTO Members.
(a) The existing law as provided in the Code and the proposed law are in compliance with
national treatment and most-favoured-nation treatme nt in respect of all forms of IP protected
thereunder.
(b) The proposed laws for the protection of plant varieties and layout-designs of integrated
circuits will have similar provisions.
B. COPYRIGHT AND RELATED RIGHTS
2. Please explain whether and how the copyright law of Sri Lanka complies with Article 9
of the TRIPS Agreement requiring that Members co mply with all Articles 1 through 21 of the
Berne Convention (1971), except Article 6 bis, since Members do not have rights or obligations
relating to the latter Article under the TRIPS Agreement.
(a) The Code makes necessary provisions (Part III) with regard to all the articles referred to
(including Article 6bis).
(b) These provisions will be expanded under the proposed law.
3. Please explain how the copyright law of Sri Lanka protects computer programs as
literary works  and complications of data as required by Article 10 of the TRIPS Agreement.
(a) Computer programs are protected as literary works (Section 7).
(b) Collections of works are protected as derivative works (Section 8).(c) Sections 7 and 8 of the proposed law make pr ovision for the protection of computer programs
and collections of works and databases respectively.
4. Article 11 of the TRIPS Agreement requires that rental rights for computer programs
and cinematographic works be available.  Please  cite to the corresponding provision of the
copyright law of Sri Lanka.
Section 10(1)(d) and (e) of the proposed law.
5. Please state the length and terms of protection the copyright law of Sri Lanka provides
for a work other than a photographic work or a work of applied art and cite to the relevant
provision of law.
Lifetime of the author and 50 years after his death (Section 19 of the Code and Section 14 of
the proposed law).IP/Q/LKA/1, IP/Q2/LKA/1,
IP/Q3/LKA/1, IP/Q4/LKA/1
Page 33
6. Please describe the protection the copyright law of Sri Lanka provides for performers,
and the term of the protection.
(a) The performers have the rights to:
(i) broadcasting or other communication to the public of their performances;
(ii) fixation of unfixed performances;(iii) reproduction of a fixation of a performance (Section 18 of the proposed law).
(b) The performer's rights are protected from the moment in which the performance takes place
until the end of the 50
th calendar year following the year in which the performance takes place
(the said section 18).
7. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to
enjoy the right to authorize or prohibit the direct or indirect reproduction of their phonograms.
Article 14.2 requires that producers of phonograms are to have the right to authorize or
prohibit the commercial rental to the public of originals or copies of their phonograms.  Please
describe how the copyright law of Sri Lanka implements these obligations and indicate the term
of protection.
(a) The Code provides that the producer of a sound recording has the exclusive right to reproduce
or authorize the reproduction of a sound recording (Section 20).
(b) The proposed law guarantees the rights including the right to direct or indirect reproduction
and rental of a copy of a sound recording irrespective of the ownership of the copy rented
(Section 19).
C. TRADEMARKS
8. Please describe the subject matter that can comprise a trademark under the trademark
law of Sri Lanka.
Any visible sign serving to distinguish the goods or services of one enterprise from those of
other enterprises (subject to Sections 99 and 100 of the Code).
9. Please describe the procedure that must be followed to register a trademark in
Sri Lanka, citing the relevant provisions of the law, and describe the rights that the owner of a
registered mark can exercise.
(a) Presentation of the application, examination of the application for formalities and of the mark
for its admissibility, hearing the applicant (i f necessary), acceptance or rejection, publication
if accepted (or appeal to Court if rejected), hearing opposition, if any, registration of the mark
if there is no opposition (or upon the rejection of the opposition, if any), publication of the
registration.
(b) (i) The right to use the mark;
(ii) the right to assign or transmit the registration;(iii) the right to conclude licence contracts.IP/Q/LKA/1, IP/Q2/LKA/1,
IP/Q3/LKA/1, IP/Q4/LKA/1
Page 34
10. Please provide the length and terms of protection that the trademark law of Sri Lanka
provides for a trademark.
Ten years from the date of registration (the date of registration is the date of application) and
registration can be renewed every 10 years.
D. GEOGRAPHICAL INDICATIONS
11. Please describe in detail how the laws of Sri Lanka provide for the recognition and
protection of geographical indications required by Article 22.2 of the TRIPS Agreement, citing
to the relevant provisions of law or regulation, and provide examples of geographical
indications so protected.
(a) Section 99(1)(f) provides that a mark which is likely to mislead the trade circles of the public
as to the nature, the source, the manufacturing processes and the characteristic of the goods is
not registerable.
(b) Section 99(19)(f) of the proposed law includes "geographical indications".(c) Section 142(A) makes provisions for the protec tion of geographical indications in general and
provision with regard to wine and spirits specifically.
(d) Any geographical indication can be protected.(e) False declaration in respect of a geographical indication has been made a criminal offence
(Section 156(A) of the proposed law).
12. Please describe in detail the manner in which the higher level of protection required for
wines and spirits under Article 23.2 of the TRIPS Agreement is implemented, citing to the
relevant provisions of law or regulation, and provide examples of geographical indications for
such products.
Please see the answer to question 11.
E. I
NDUSTRIAL DESIGNS
13. Please describe the procedure that must be followed to obtain protection for industrial
designs, citing to the provisions of the law of Sri Lanka, and describe the nature of the
protection provided.
(a) Application, examination of the application as to formalities and registration of the design
without substantive examination and the publication of the design (Sections 33 to 41).
(b) The registered owner has the right:
(i) to reproduce and embody such industrial design in making a product;(ii) to import, offer for sale, sell or use a product embodying such industrial design;(iii) to stock, for the purpose of offering for sale, selling or using, a product embodying
such industrial design;IP/Q/LKA/1, IP/Q2/LKA/1,
IP/Q3/LKA/1, IP/Q4/LKA/1
Page 35
(iv) to assign or transmit the registration of the industrial design;
(v) to conclude licence contracts.
14. Please describe the procedure that must be followed to obtain protection for textile
designs and cite to the relevant provisions of law or regulation.
The same procedure and provisions referred to in the answer to question no. 13.
F. PATENTS
15. Please describe in detail the way in which the patent law of Sri Lanka implements
Article 27 of the TRIPS Agreement, indicating any exceptions provided for, and including
details regarding the protection for micro-organisms and non-biological and microbiological
processes and plant varieties.  Please cite to the relevant provisions of the law.
Section 59(1) of the Code provides:
"(1) 'Invention' means an idea of an inventor, which permits in practice the solution to a
specific problem in the field of technology;
(2) An invention may be, or may relate to, a product or process;(3) The following, notwithstanding they are inventions within the meaning of
subsection (1), shall not be patentable:
(a) discoveries, scientific theories and mathematical methods;(b) plant or animal varieties or essentially biological processes for the production
of plants or animals, other than micro-biological processes and the products
of such processes;
(c) schemes, rules or methods for doing business, performing purely mental acts
or playing games;
(d) methods for the treatment of the human or animal body by surgery or
therapy, and diagnostic methods practised on the human or animal body;
Provided, however, that this paragraph shall not apply to the products used in
any such methods."
16. Please describe in detail the rights provided patent holders under the patent law of
Sri Lanka and cite to the relevant provisions of law.
Section 81 provides as follows:
"(1) The owner of a patent has the following exclusive rights in relation to the patented
invention:
(a) to exploit the patented invention;(b) to assign or transmit the patent;IP/Q/LKA/1, IP/Q2/LKA/1,
IP/Q3/LKA/1, IP/Q4/LKA/1
Page 36
(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 relation 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 offering 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."
17. Please describe in detail any provisions in the laws of Sri Lanka permitting
unauthorized use of a patent, citing to the relevant provisions of law, and describe in detail the
conditions under which such use can occur.
The patent rights:
(1) extend only to acts done for industrial or commercial purposes and in particular not to
acts done only for scientific research;
(2) not preclude a person having the rights referred to in Section 83 or a licensee from
exploiting the patented invention;
(3) not extend to the presence of use of products on foreign vessels, aircraft, spacecraft,
or land vehicles which temporarily or accidentally enter the waters, airspace or
territory of Sri Lanka (Section 82).
18. What term of protection does the patent law of Sri Lanka provide for patents?  Please
describe any provisions for extension of the term of protection and cite to the relevant
provisions of the law.
(i) Fifteen years from the date of grant under the present law.  The proposed law makes it
20 years from the date of application.
(ii) No provisions are available for the extension of the term of protection.IP/Q/LKA/1, IP/Q2/LKA/1,
IP/Q3/LKA/1, IP/Q4/LKA/1
Page 37
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
19. Please describe in detail the protection for layout-designs of integrated circuits provided
under the laws of Sri Lanka, including the term of protection, and cite to the relevant provisionsof law.
(i) Law is proposed for the protection of layout-designs of integrated circuits under a sui generis
system in line with the TRIPS Agreement.  This law provides for the protection of original
layout-designs and makes provisions with regard to, inter alia , right to protection, scope of
protection, commencement and duration of protection, requirements of the application,
registration, assignment, transmission and enforcement.
(ii) The protection of layout-designs expires at the end of the 10
th calendar year from the date of
commencement of such protection.
H. P ROTECTION OF UNDISCLOSED INFORMATION
20. Please describe in detail how the laws of Sri Lanka provide for the protection of
undisclosed information as required by Article 39.2 of the TRIPS Agreement and provide
citations to the relevant provisions of law.
(a)    The proposed Law (proposed Section 142(6)(b)) provides for the protection of
undisclosed information under the Law of unfair competition.
(b) Any act or practice, in the course of industrial or commercial activities, that results in
the disclosure, acquisition or use by others, of undisclosed information without the
consent of the person lawfully in control of that information and in a manner contrary
to honest commercial practices constitutes an act of unfair competition.
(c) Information shall be considered "undisclosed information" if :
(i) it is not, as a body or in the precise configuration and assembly of its
components, generally known among, or readily accessible to, persons within
the circles that normally deal with the kind of information in question;
(ii) it has actual or potential commercial value because it is secret; and
(iii) it has been subject to reasonable steps under the circumstances by the rightful
holder to keep it secret.
Any act or practice, in the course of industrial or commercial activities, shall be
considered an act of unfair competition if it consists or results in;
(1) an unfair commercial use of secret test or other data, the origination of which
involves considerable effort and which have been submitted to a competent
authority for the purpose of obtaining approval, of the marketing ofpharmaceutical or agricultural or chemical products which utilize new
chemical entities, orIP/Q/LKA/1, IP/Q2/LKA/1,
IP/Q3/LKA/1, IP/Q4/LKA/1
Page 38
(2) the disclosure of such data, except where necessary to protect the public, or
unless steps have been taken to ensure that the data is protected against unfair
commercial use.
The undisclosed information for the purpose of the Code shall include :
(i) technical information related to the manufacture of goods or the provisions of
services; or
(ii) business information which includes the internal information which an
enterprise has developed so as to be used within the enterprise.
(d) The aggrieved persons may seek civil remedies including  injunctions and damages.
Moreover,  any unauthorized  disclosure of undisclosed information also constitutes a
punishable offence.
21. Please describe in detail the manner in which protection is provided test data regarding
pharmaceutical and agricultural chemical prod ucts submitted to the government in order to
obtain marketing approval in Sri Lanka and cite to the relevant provisions of law.
Under the proposed law the required safeguards are offered under the law of unfair
competition.  The proposed Section 142(6)(d) provides as follows :
Any act or practice, in the course of industrial or commercial activities, shall be considered an
act of unfair competition if it consists or results in-
 
(i) an unfair commercial use of secret test or other data, the origination of which
involves considerable effort and which have been submitted to a  competent authority
for the purposes of obtaining approval, of the marketing of pharmaceutical or
agricultural or chemical products which utilise new chemical entities; or
(ii) the disclosure of such data, except where necessary to protect the public, or unless
steps have been taken to ensure that the data is protected against unfair commercial
use.
Thus such tests and data will be protected against unfair commercial use and disclosure as
required by Article 39.3 of the TRIPS Agreement.
The law of unfair competition which includes the protection of undisclosed information does
not establish time limits for the protection of such information.
22. Are other applicants for ma rketing approval for their own versions of a previously
approved pharmaceutical or agricultural chemical products permitted to rely on data submitted
by the earlier applicant?  If so, how long a period of exclusivity is given the earlier applicantbefore such reliance becomes possible.
Such data will not be disclosed to other applicants.IP/Q/LKA/1, IP/Q2/LKA/1,
IP/Q3/LKA/1, IP/Q4/LKA/1
Page 39
I. E NFORCEMENT
23. Please describe in detail the manner in which the laws of Sri Lanka provide for effective
action against infringement of intellectual prop erty rights as required by Article 41.1 of the
TRIPS Agreement.
(a) The Code provides for civil remedies including provisional measures, criminal
sanctions and border measures.
(b) These provisions will be expanded and strengthened under the proposed law.
24. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order
production of evidence necessary to substantiate a party's claims where that party has been
unable to obtain such evidence from the opposi ng party.  Please describe how the laws or
regulations of Sri Lanka provide this authorization, citing to the relevant provisions of law or
regulation.
Section 179(5) of the proposed law provides that the court may order the infringer to inform
the right holder of the identity of the persons involved in the production and distribution of the
infringing goods or services and their channels of distribution.
25. Please describe in detail the all of the ci vil remedies that are available to right holders
under the laws of Sri Lanka, citing to the relevant provisions of law or regulation.
(a) Damages;
(b) Injunctions; and
(c) Such other relief as to the court appears just and appropriate (Section 179).
26. Please describe in detail the provisional procedures and remedies available to right
holders under the laws of Sri Lanka, citing to the relevant provisions of law and regulation, and
indicate any condition under which a right holder may avail itself of those procedures and
remedies.
(a) The right holder may obtain enjoining orders and interim injunctions (Section 179 of
the Code, the Civil Procedure Code (Chapter 101) and Section 54 of  the Judicature
Act No. 2 of 1978).
(b) The Court may order the applicant to provide security or equivalent assurance
sufficient to protect the defender.
(c) The enjoining order can be granted ex parte .IP/Q/LKA/1, IP/Q2/LKA/1,
IP/Q3/LKA/1, IP/Q4/LKA/1
Page 40
J. S PECIAL REQUIREMENTS RELATED TO BORDER MEASURES
27. Please describe in detail the procedures under the laws of Sri Lanka that provide for
border enforcement at least for trademark counte rfeiting and copyright piracy, identifying the
competent authority and citing to the re levant provisions of law or regulation.
(a) Section 166 of the Code makes provisions with regard to border measures.
(b) Sections 166 and 166(A) of the proposed law make extensive provisions with regard
to border control involving all intellectual  property rights in line with the TRIPS
Agreement.
28. Please indicate if border enforcement is available to owners of other forms of intellectual
property and, if so, please describe the procedures and remedies available in relation to each
form of intellectual property, citing the relevant provisions of law.
(a) Under the proposed law border enforcement is  available to the owners of any form of
intellectual property.
(b) Detection by Customs Authorities under the Customs Ordinance and suspension of
goods at the border on Court orders are available under the proposed law.
(Sections 166 and 166(A)).
29. Article 58 of the TRIPS Agreement specifies procedures to be followed where the
competent authorities can act ex officio. Please explain whether the competent authorities in Sri
Lanka are empowered to act ex officio and, if s o, please identify the intellectual property areas
subject to ex officio action.
Under Section 166 of the proposed law, the Customs Authorities are empowered to act
ex officio in respect of all forms of intellectual property rights.
K. C RIMINAL PROCEDURES
30. Please describe in detail how the laws of Sri Lanka implement Article 61 of the TRIPS
Agreement that requires Members to have criminal procedures and penalties, including
imprisonment and/or monetary fines sufficient to act as a deterrent, at least for cases of wilful
trademark counterfeiting and copyright infringement  on a commercial scale.  Please cite to the
relevant provisions of law and regulation.
(a) Part VI of the Code provides for  offences  and punishment - a fine not exceeding
Rs. 20,000/- or imprisonment for a period not exceeding 6 months or both.  This
punishment can be doubled on second or subsequent conviction.
(b) These provisions have been improved under the proposed law.  The punishment has
been increased by enhancing the fine to Rs. 500,000/-.IP/Q/LKA/1, IP/Q2/LKA/1,
IP/Q3/LKA/1, IP/Q4/LKA/1
Page 41
31. Article 61 also requires that remedies in a ppropriate cases include the seizure, forfeiture
and destruction of infringing goods and any materials and implements the predominant use of
which has been the commission of the offence.  Pl ease describe the provisions in the laws of Sri
Lanka that provide for such remedies, and describe the circumstances in which those remedies
would be imposed, citing to the relevant provisions of law or regulation.
(a) The provisions for forfeiture and destruction of infringing goods and any material or
implements are available (Section 163).
(b) These provisions have been expanded under Section 179 of the proposed law.
32. Article 61 also indicates that Members may provide for criminal procedures and
penalties in cases of wilful infringement of oth er forms of intellectual property.  Please describe
any provisions of the laws of Sri Lanka that pr ovide for such procedures and remedies, citing to
the relevant provisions of law or regulation.
(a) Infringement of copyright, patents, trademarks and industrial designs are declared to
be punishable offences (Part VI of the Code).
(b) Any infringement or attempted infringement of any of the rights protected under
copyright or related rights has been declared a punishable offence under the proposed
law (Section 23).
(c) The wilful disclosure of undisclosed information has been declared to be punishable
offence under the proposed law (Section 142(8)).
(d) Making a false declaration in respect of geographical indication has been declared to
be a punishable offence (Section 156(A) of the proposed law).
(e) Infringement of protected layout designs is a punishable offence (Section 14 of the
proposed law).
L. S TATISTICAL QUESTIONS
33. Please provide statistical information related  to civil copyright, trademark, geographical
indication, industrial design, patent, integr ated-circuit layout design, and trade secret
enforcement for 2000, including the number of cases filed; injunctions issued; infringing
products seized; infringing equipment seized; cases resolved (including settlement); and the
amount of damages awarded.
The statistic information is not available for th e time being. The incidence of infringement is
very low.IP/Q/LKA/1, IP/Q2/LKA/1,
IP/Q3/LKA/1, IP/Q4/LKA/1
Page 42
34. Please provide statistical information relat ed to criminal enforcement in the area of
copyright piracy and trademark infringeme nt for 2000, including the number of raids,
prosecutions, convictions, and the amount of fines and/or jail terms (including whether the fines
were paid and whether the jail term was actually served or was suspended) and any otherinformation establishing that the criminal syst em operates effectively to deter copyright piracy
and trademark counterfeiting.
The statistical information is not available fo r the time being. The incidence of infringement
is very low.
__________