RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/324/Add.3
6 December 2001
(01-6220)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Responses from Sri Lanka to questions posed by
Australia and the United States
Addendum
By means of communications from the Permanent Mission of Sri Lanka dated
27 November 2001, the Secretariat has received the following responses to questions posed by
Australia and the United States, as circulated in documents IP/C/W/328 and 316, respectively.
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AUSTRALIA
A. PATENTS (INCLUDING PLANT VARIETY PROTECTION )
1. 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  system.
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 comply with all Articles 1 through 21 of the BerneIP/C/W/324/Add.3
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Convention (1971), except Article 6bis, 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).
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 commercialrental to the public of originals or copies of their phonograms.  Please describe how the copyright
law of Sri Lanka implements these obligati ons 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).IP/C/W/324/Add.3
Page 3
(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 descri be 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.
10. Please provide the length and terms of prot ection 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. G
EOGRAPHICAL 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 registrable.
(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).IP/C/W/324/Add.3
Page 4
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 Ag reement 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. INDUSTRIAL 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;
(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. P
ATENTS
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 pr ovided 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;IP/C/W/324/Add.3
Page 5
(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;(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 whichsuch use can occur.
The patent rights:IP/C/W/324/Add.3
Page 6
(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 ofthe 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.
G. L
AYOUT -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 provisions oflaw.
(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 TR IPS 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 withinthe circles that normally deal with the kind of information in question;IP/C/W/324/Add.3
Page 7
(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 of
pharmaceutical or agricultural or chemical products which utilize newchemical 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 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 products 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 utilize 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.IP/C/W/324/Add.3
Page 8
22. Are other applicants for marketing approval for their own versions of a previously approved
pharmaceutical or agricultural chemical products pe rmitted to rely on data submitted by the earlier
applicant?  If so, how long a period of exclusivity is given the earlier applicant before such reliance
becomes possible.
Such data will not be disclosed to other applicants.
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 property 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 opposing 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 civil 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/C/W/324/Add.3
Page 9
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 counterfeiting and copyright piracy, identifying the competent
authority and citing to the relevant 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 areempowered to act ex officio and, if so, please id entify 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 Arti cle 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/-.
31. Article 61 also requires that remedies in appropriate 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.  Please 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).IP/C/W/324/Add.3
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(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 other forms of intellectual property.  Please describe any provisions ofthe laws of Sri Lanka that provide 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, integrated-circuit layout design, and trade secret enforcementfor 2000, including the number of cases filed; injunctions issued; infringing products seized;
infringing equipment seized; cases resolved (i ncluding 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.
34. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement 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 other information establishing
that the criminal system 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.
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