WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/LKA/C/2 
IP/N/1/LKA/I/2 31 August 2010 
 
(10-4513) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
 
 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
 
SRI LANKA 
  The present document reproduces the text
1 of the Intellectual Property Act (No. 36 of 2003), 
as notified by Sri Lanka on 1 July 2010 under Article 63.2 of the Agreement (see document 
IP/N/1/LKA/2).  
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
  
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
SRI LANKA 
  Le présent document contient le texte
1 de la Loi sur la propriété  intellectuelle (n° 36 de 2003), 
notifié par Sri Lanka le 1er juillet 2010 au titre de l'article 63:2 de l'Accord (voir le 
document IP/N/1/LKA/2). 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
  
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 
DEL ARTÍCULO 63 DEL ACUERDO 
 
SRI LANKA 
 
 En el presente documento se reproduce el texto
1 de la Ley de Propiedad Intelectual (N° 36 
de 2003), que Sri Lanka notificó el 1° de julio de 2010 de conformidad con lo dispuesto en el 
párrafo 2 del artículo 63 del Acuer do (véase el documento IP/N/1/LKA/2). 
 
                                                      
1 In English only.  En anglais seulement.  En inglés solamente.   
   IP/N/1/LKA/C/2 
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PARLIAMENT OF THE DEMOCRATIC 
SOCIALIST REPUBLIC OF 
SRI LANKA 
 
_______________ 
 
 
  
INTELLECTUAL PROPERTY 
ACT, No. 36 OF 2003 
 
_______________ 
 
 
 
 
[Certified on 12th November, 2003] 
 
 
 
 
Printed on the Order of Government 
 
  
Published as a Supplement to Part II of the Gazette of the Democratic 
Socialist Republic of Sri Lanka of November 14, 2003 
 
  
 
   
 
  
 
PRINTED AT THE DEPARTMENT OF GOVERNMENT PRINTING , SRI LANKA 
_______________________________________________________________________________________________________________________________ __________ 
 
TO BE PURCHASED AT THE GOVERNMENT PUBLICATIONS BUREAU , COLOMBO 1 
 
Price : Rs. 80.00    Postage : Rs. 27.00  IP/N/1/LKA/C/2 
IP/N/1/LKA/I/2 Page 4 
 
 
   
  AN ACT TO PROVIDE FOR THE LAW RELATING TO INTELLECTUAL PROPERTY AND 
FOR AN EFFICIENT PROCEDURE FOR THE REGISTRATION, CONTROL AND 
ADMINISTRATION THERE OF ; TO AMEND THE CUSTOMS ORDINANCE (CHAPTER 235) AND THE HIGH COURT OF THE PROVINCES (SPECIAL) PROVISIONS ACT, NO. 10 OF 1996; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO 
 
BE it enacted by the Parliament of the Democrat ic Socialist Republic of Sri Lanka as follows :— 
  
Short title. 
 1.  This Act may be cited as the Intellectual Property Act, No. 36 of 2003. 
  
PART I 
 
ADMINISTRATION 
 
Appointment and powers of the Director-General. 
 
2.  (1)  There shall be a person to be or to act as the Director-General of Intellectual Property of 
Sri Lanka (hereinafter referred to as the "Director-General"). 
  (2)  The Director-General shall—  
(a)  be vested with the power of implementati on of the provisions of this Act, the control 
and superintendence of the registration and administration of Industrial Designs, 
Patents, Marks and of any other matter as pr ovided by the Act, and the supervision and 
control of all persons appointed for, or  engaged in, the implementation of the 
provisions of this Act ; and 
 (b)   take all necessary steps to promote and encourage national awareness of the subject of 
Intellectual Property including copyright and related rights by organisation of 
exhibitions, contests, seminars and publicati ons and by promoting and encouraging the 
establishment and proper functioning of orga nisations or societies to protect and 
administer copyright and related rights under Part II of the Act. 
  (3)  The Director-General shall comply with th e general policy of the government with respect 
to subject of intellectual property and with any genera l or special directions issued by the Minister in 
relation to such policy. 
 
Director and Deputy Directors.  
3.  (1)  There may from time to time be appointed a fit and proper person or persons, to be or to 
act as Director of Intellectual Property and such other Deputy Directors for the proper implementation 
and administration of the provisions of this Act.   IP/N/1/LKA/C/2 
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   (2)  Any person so appointed may exercise, pe rform and discharge any power, duty or function 
expressly conferred or imposed upon the Director or the Deputy directors, as the case may be, and may, subject to the directions of the Minister and under the authority and control of the Director-General, exercise, perform and discharge any powd er, duty or function conferred or imposed upon the 
Director-General by or under this Act. 
  (3)  There shall be appointed such other o fficers and servants as ma y be necessary for the 
administration of the Act.  Office and maintenance of registers.  
4.  (1)  There shall be an office called the Na tional Intellectual Property Office of Sri Lanka 
(hereinafter referred to as the "Office"). Such o ffice shall be the sole office in Sri Lanka for the 
registration and administration of Industrial designs , patents, marks and any other matter as provided 
by the Act. 
  (2)  All registers required to be kept and main tained under the provisions of this Act shall be 
kept and maintained under the supervision of the Di rector-General at the O ffice and such registers 
shall be the only legally recognized registers in Sr i Lanka for the registration of industrial designs, 
patents, marks and any other matter as provided by the Act. 
 
 
PART II 
 
CHAPTER I 
 
COPYRIGHT 
 
Interpretation. 
 
5.  For the purposes of this Part— 
 
"audiovisual work" means a work that consists of  a series of related images which impart the 
impression of motion, with or without accompanyi ng sounds, susceptible of being made visible, 
and where accompanied by sounds su sceptible of being made audible ; 
 
"author" means the physical person who has created the work ; 
 "broadcasting" means the communication of a work, a performance or a sound recording to the public 
by wireless transmission, including transmission by satellite ; 
 "collective work" means a work created by two or  more physical persons at the initiative and under 
the direction of a physical person or legal entity , with the understanding that it will be disclosed 
by the latter person or entity under his or its ow n name and that the identity of the contributing 
physical persons will not be indicated ; 
 "communication to the public" means the transmission to the public by wire or without wire of the 
images or sounds, or both, of a work, a performance or a sound recording including the making 
available to the public of a work, performance or  sound recording in such a way that members of 
the public may access them from a place and at a time individually chosen by them ; 
  "computer" means an electronic or similar device having information processing capabilities ; IP/N/1/LKA/C/2 
IP/N/1/LKA/I/2 Page 6 
 
 
   
"computer program" is a set of instructions expressed in words, codes, schemes or in any other form, 
which is capable, when incorporated in a medi um that the computer can read, of causing a 
computer to perform or achieve a particular task or result ; 
 
"economic rights" means the rights referred to in section 9 ;  "expression of folklore" means a group oriented and tradition based creation of groups or individuals 
reflecting the expectation of the community as an  adequate expression of its cultural and social 
identity, its standards and values as transmitted ora lly, by imitation or by other means, including : 
 
(a)  folktales, folk poetry, and folk riddles ; 
 (b)  folk songs and instrumental folk music ; 
 
(c)  folk dances and folk plays ; 
 (d)   productions of folk arts in particular, drawings, paintings, carvings, sculptures, pottery, 
terracotta, mosaic, woodwork, metalware, jewellery, handicrafts, costumes, and 
indigenous textiles ;  
 
"infringement" means an act that violated any right protected under this Part ;  "moral rights" means rights referred to in section 10 ;  
"performers" means singers, musicians, and other persons who sing, deliver, declaim, play in, or 
otherwise perform, literary or artistic works or expressions of folklore ; 
 "photographic work" means the recording of light or other radiation on any medium on which an 
image is produced or from which an image ma y be produced, irrespective of the technique 
(chemical, electronic or other) by which such recording is made, a still picture extracted from an 
audiovisual work shall not be considered a " photographic work" but a part of the audiovisual 
work concerned ; 
 "producer" of an audiovisual work or a sound record ing means the physical person or legal entity that 
undertakes the initiative and responsibility for th e making of the audiovisual work or sound 
recording; 
 "public display" means the showing of the original or a copy of a work—  
(a)  directly ; 
 
(b)  by means of a film, slide, television image or otherwise on screen ; 
 (c)  by means of any other device or process ; or 
 
 ( d)  in the case of an audiovisual work, the showing of individual images nonsequentially at a 
place or places where persons outside the normal circle of a family and its closest social 
acquaintances are or can be present, irrespective of whether they are or can be present at the same place and time or at different places or times, and where the work can be displayed without communication to the public within the meaning of the definition of the expression "Communication to the Public";  IP/N/1/LKA/C/2 
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"public lending" means the transfer of the possession of  the original or a copy of a work or a sound 
recording for a limited period of time for non-pr ofit making purposes, by an institution, the 
services of which are available to the pub lic, such as a public library or archives ; 
 
"public performance" means—   ( a)  in the case of a work other than an audiovi sual work, the recitation, playing, dancing, 
acting or otherwise performing the work in public either directly or by means of any 
device or process; 
  ( b)  in the case of an audiovisual work, the showing of images in sequence or the making of 
accompanying sound audible in public ; and 
 
 ( c)  In the case of a sound recording, making the recording sounds audible at a place or at 
places where persons outside the normal circle of the family and its closest acquaintances are or can be present, irrespective of whether they are or can be present at the same place 
and time, or at different places or times, and where the performance can be perceived without the need for communication to the public  within the meaning of the definition of 
the expression "communication to the public" ; 
 
"published" means a work or a sound recording—   ( a)   copies of which have been made available to the public in a reasonable quantity for sale, 
rental, public lending or for transfer of the ownership or the possession of the copies ; or 
 
 ( b)  which has been made available to the pu blic by means of an electronic system : 
     Provided that, in the case of a work, the making available to the public took place with 
the consent of the owner of the copyright, and in the case of a sound recording, with the 
consent of, the producer of the sound recording or his successor in title ; 
 
"rental" means the transfer of the possession of the or iginal or a copy of a work or sound recording for 
a limited period of time for profit making purposes ; 
 "reproduction" means the making of one or more copi es of a work or sound recording in any material 
form, including any permanent or temporary storag e of a work or sound recording in electronic 
form ; 
 "sound recording" means any exclusively aural fixa tion of the sounds of a performance or of other 
sounds, regardless of the method by which the so unds are fixed or the medium in which the 
sounds are embodied ; it does not include a fixation of sounds and images, such as the sounds 
incorporated in an audiovisual work ; 
 "work" means any literary, artistic or scientific work referred to in section 6 ;  "work of applied art" means an artistic creation with  utilitarian functions or incorporated in a useful 
article, whether made by hand or produced on an industrial scale ; 
 "work of joint authorship" means a work to th e creation of which two or more authors have 
contributed, provided the work does not qualify as "a collective work". 
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Works protected.  
6.  (1)  The following works shall be  protected as literary, artistic or scientific work (hereinafter 
referred to as "works") which are original intellect ual creations in the literary, artistic and scientific 
domain, including and in particular—   ( a)  books, pamphlets, articles, computer programs and other writings ; 
 
 ( b)  speeches, lectures, addresses, sermons and other oral works ; 
 
(c)  dramatic, dramatic -musical works, pantomimes, chor eographic works and other works 
created for stage productions ; 
 
(d)  stage production of works specified in paragr aph (c) and expressions of folklore that are 
apt for such productions ; 
 (e)  musical works, with or without accompanying words ; 
 (f)   audiovisual works ;  
 
(g)  works of architecture ;  
 (h)  works of drawing, painting, sculpture, engrav ing, litho-graphy, tapestry and other works of 
fine art; 
 
(j)   photographic works ; 
 (k)  works of applied art ; 
 (l)   illustrations, maps, plans, sketches and th ree dimensional works relative to geography, 
topography, architecture or science. 
  (2)  The works specified in subsection (1) of this  section shall be protected by the sole fact of 
their creation and irrespective of their mode or fo rm of expression, as well as of their content, quality 
and purpose. 
 
Derivative works. 
 
7.  (1)  The following shall also  be protected as works :— 
  ( a)  translations, adaptations, arrangements and other transformations or modifications of 
works ; and 
  ( b)  collections of works and collections of mere data (data bases), whether in machine 
readable or other form, provided that such collections are original by reason of the 
selection, co-ordination or arrangement of their contents. 
 
 (2)  The protection of any work referred to in subsection (1) shall be without prejudice to any 
protection of a pre-existing work incorporated in , or utilized for, the making of such a work. 
 
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  Works not protected. 
 
8.  Notwithstanding the provisions of sections 6 a nd 7, no protection shall be extended under this 
Part — 
 
(a)  to any idea, procedure, system, method of operation, concept, principle, discovery or mere 
data, even if expressed, described, explaine d, illustrated or embodied in a work ; 
 (b)  to any official text of a legislative, admi nistrative or legal nature, as well as any official 
translation thereof ; 
 (c)  to news of the day published, broadcast, or  publicly communicated by any other means. 
 
Economic rights. 
 9.  (1)  Subject to the provisions of sections 11 to 13 the owner of copyright of a work shall have 
the exclusive right to carry out or to author ize the following acts in relation to the work — 
  ( a)  reproduction of the work ; 
 
 ( b)  translation of the work ; 
  ( c)  adaptation, arrangement or other transformation of the work ; 
  ( d)  the public distribution of the original and each  copy of the work by sale, rental, export or 
otherwise ; 
  ( e)  rental of the original or a copy of an audiovisual work, a work embodied in a sound 
recording, a computer program, a data base or  a musical work in the form of notation, 
irrespective of the ownership of the original or copy concerned ; 
 
(f)   importation of copies of the work, (even where the imported copies were made with the 
authorization of the owner of the copyright) ; 
 (g)  public display of the original or a copy of the work ; 
 
(h)  public performance of the work ; 
 (j)   broadcasting of the work ; and 
 (k)  other communication to the public of the work. 
 
 (2)  The provisions of subsection (1) of this se ction shall apply to both the entire work and a 
substantial part thereof.   (3)  The rights of rental in terms of paragraph ( e) of subsection (1) shall not apply to rental of 
computer programs where the program itself is not the essential object of the rental. 
 
 (4)  Notwithstanding the provisions of paragraph ( d) of subsection (1), the owner of a work or 
a copy of a work lawfully made or any person aut horized in that behalf by such owner, is entitled 
without the authority of the owner of the copyright, to sell or otherwise dispose of that copy.   IP/N/1/LKA/C/2 
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Moral Rights.  
10.  (1)  The author of a work shall independently of his economic rights and even where he is no 
longer the owner of those economic rights, have the following rights :— 
 
(a)  to have his name indicated prominently on the copies and in connection with any public 
use of his work, as far as practicable ; 
 
(b)  the right to use a pseudonym and not ha ve his name indicated on the copies and in 
connection with any public use of his work ; 
 (c)  to object to any distortion, mutilation or ot her modification of, or other derogatory action 
in relation to, his work which would be prejudicial to his honour or reputation. 
 
 (2)  No right mentioned in subsection (1) shall be transmissible during the life time of the author, however on the death of the author, the right to exercise any of those rights shall be 
transmissible by testamentary disposition or by operation of law.   (3)  The author may waive any of the moral rights mentioned in subsection (1), provided that 
such a waiver is in writing and clearly specifies th e right or rights waived and the circumstances to 
which the waiver applies :    Provided that where any waiver of the rights under paragraph ( c) of subsection (1) specifies the 
nature and extent of the modification or other action in respect of which the right is waived, 
subsequent to the death of the author, the physi cal person or legal entity upon whom or which the 
moral rights have devolved shall have the right to waive the said rights.  
Fair use. 
 
11.  (1)  Notwithstanding the provisions of subsection (1) of section 9, the fair use of a work, 
including such use by reproduction in copies or by any other means specified by that section, for 
purposes such as criticism, comment, news reporti ng, teaching (including multiple copies for 
classroom use), scholarship or research, shall not be an infringement of copyright.   (2)  The following factors shall be considered in determining whether the use made of a work 
in any particular case is fair use :— 
 
(a)  the purpose and character of the use, including  whether such use is of a commercial nature 
or is for non-profit educational purposes ; 
 (b)  the nature of the copyrighted work ; 
 
(c)  the amount and substantiality of the portion used in relation to the copyrighted work as a 
whole ; and 
 (d)  the effect of the use upon the potential mark et for, or value of, the copyrighted work. 
 
 (3)  The acts of fair use shall include the circumstances specified in section 12. 
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  Act of fair use. 
 
12.  (1)  Notwithstanding anything contained in paragraph ( a) of subsection (1) of section 9 and 
subject to the provisions of subsection (2) of this  section, the private reproduction of a published work 
in a single copy shall be permitted without the aut horization of the owner of the copyright, where the 
reproduction is made by a physical person from a lawf ul copy of such work exclusively for his own 
personal purposes.   (2)  The permission under subsection (1) of this section shall not be extended to the 
reproduction— 
 
(a)  of a work of architecture in the form of a building or other constructions ; 
 (b)  in the form of reprography of the whole or  a substantial part of a book or of a musical 
work in the form of notations ; 
 (c)  of the whole or a substantial part of a data base ; 
 (d)  of a computer program, except as provided in subsection (7) ; and 
 
(e)  of any work, in case the reproduction would conflict with a normal exploitation of the 
work or would otherwise unreasonably prejudice the legitimate interests of the owner of the copyright. 
  (3)  Notwithstanding the provisions of paragraph ( a) of subsection (1) of section 9, the 
reproduction, in the form of a quota tion, of a short part of a publishe d work shall be permitted without 
authorization of the owner of copyright :    Provided that the reproduction is compatible w ith fair practice and does not exceed the extent 
justified by the purpose of such reproduction. The qu otation shall be accompanied by an indication of 
the source and the name of the author, if his name  appears in the work from which the quotation is 
taken. 
  (4)  Notwithstanding the provisions of paragraph ( a) of subsection (1) of section 9, the 
following acts shall be permitted without the aut horization of the owner of the copyright :— 
 
(a)  the reproduction of a short part of a p ublished work for teaching purposes by way of 
illustration, in writing or sound or visual r ecordings, provided that the reproduction is 
compatible with fair practice and does not ex ceed the extent justified by the purpose of 
such reproduction; 
 (b)  the reprographic reproduction for face to f ace teaching in any educational institution the 
activities of which do not serve direct or indi rect commercial gain, of published articles, 
other short works or short extracts of works,  to the extent justified by the purpose, 
provided that the act of reproduction is an is olated one occurring, if repeated, on separate 
and unrelated occasions : 
 
    Provided however the source of the work reproduced and the name of the author shall 
be indicated as far as practicable on a ll copies made under this subsection. 
  (5)  Notwithstanding the provisions of paragraph ( a) of subsection (1) of section 9, any library 
or archives, whose activities do not serve any direct  or indirect commercial gain may, without the IP/N/1/LKA/C/2 
IP/N/1/LKA/I/2 Page 12 
 
 
  authorization of the owner of copyright, make a single copy of the work by reprographic 
reproduction—   ( a)  where the work reproduced is a published ar ticle, other short work or short extract of a 
work, and where the purpose of the reproduction is to satisfy the request of a physical 
person : 
    Provided that—  
    (i)   the library or archives is satisfi ed that the copy will be used solely for the 
purposes of study, scholarship or private research, 
     (ii)  the act of reproduction is an isolated occurrence, occurring if repeated, on 
separate and unrelated occasions ;  
 
 ( b)  where the copy is made in order to preserve  and, if necessary replace a copy, or to replace 
a copy which has been lost, destroyed or re ndered unusable in the permanent collection of 
another similar library or archives : 
     Provided that it is not possible to obtain  such a copy under reasonable conditions ; and  
 
    Provided further, that the act of repr ographic reproduction is an isolated occurrence 
occurring if repeated, on separate and unrelated occasions. 
  (6)  Notwithstanding the provisions of paragraphs ( a), (h) and ( j) of subsection (1) of section 9, 
and subject to the condition that the source and th e name of the author is indicated as far as 
practicable, the following acts shall be permitted in r espect of a work without the authorization of the 
owner of copyright—  
(a)  the reproduction in a newspaper or periodical , manner of broadcasting or other manner of 
communication to the public, of an article published in a newspaper or periodical on 
current economic, political or religious topics or a broadcast or communication relating to 
the same, and such permission shall not appl y where the right to authorize reproduction, 
broadcasting or other communication to the pub lic is expressly reserved on the copies, by 
the owner of copyright, or in connection with  broadcasting or other communication to the 
public of the work ; 
 
(b)  for the purpose of reporting current events, the reproduction and the broadcasting or other 
communication to the public of short excerpts of a work seen or heard in the course of 
such events, to the extent that it is ju stified by the purpose of such reproduction; 
 (c)  the reproduction in a newspaper or pe riodical, broadcasting or other manner of 
communication to the public, of a political speech, a lecture, address, sermon or other 
work of a similar nature delivered in public, or a speech delivered during legal 
proceedings, to the extent that it is justifie d by reason of the fact of providing current 
information. 
 
 (7)  ( a)  Notwithstanding anything contained in paragraphs( a) and ( c) of subsection (1) of 
section 9, reproduction in a single copy or the adapta tion of a computer program by the lawful owner 
of a copy of that computer program, shall be pe rmitted without the authorization of the owner of 
copyright provided that the co py or adaptation is necessary— 
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     (i)   for use of the computer program with a computer for the purpose and extent for 
which the computer program has been obtained ; 
    (ii)  for archival purposes and for repl acement of the lawfully owned copy of the 
computer program in the event that the said copy of the computer program is 
lost, destroyed or rendered unusable. 
  ( b)  No copy or adaptation of a computer progr am shall be used for any purpose other than 
those specified in paragraph ( a), and any such copy or adaptation sh all be destroyed in the event that 
continued possession of the copy of the computer program ceases to be lawful. 
  (8)  Notwithstanding the provisions of paragraph ( f) of subsection (1) of section 9, the 
importation of a copy of a work by a physical pe rson for his own personal purposes shall be permitted 
without the authorization of the owner of copyright. 
 
 (9) Notwithstanding anything contained in paragraph ( g) of subsection (1) of section 9, the public 
display of originals or copies of works shall be permitted without the authorization of the owner of 
copyright :   Provided that the display is made other than by means of a film, slide, television image or 
otherwise on screen or by means of any other device or process : 
  Provided further, the work has been published or  the original or the copy displayed has been 
sold, given away or otherwise transferred to anot her person by the author or his successor in title. 
 
 (10)  Notwithstanding anything contained in this Part, the following shall not be an infringement 
of copyright :–  
(a)  the performance or display of a work for educational or teaching purposes by government 
or non profit educational institutions, in  classrooms or similar places set aside for 
education : 
 
    Provided that, in the case of an audiovis ual work, the performance or the display of 
individual images, is given by means of a la wfully made copy, or the person responsible 
for the performance did not know or had no reason to believe that the copy was not 
lawfully made. 
 
(b)  the communication of a transmission embodyi ng a performance or display of a work by 
the public reception of the transmission on a single receiving apparatus, of a kind 
commonly used in private homes, unless –  
    (i)   a direct charge is made to see or hear the transmission ; or 
 
   (ii)  the transmission thus recei ved is further transmitted to the public. 
 
Duration of copyright. 
 
13.  (1)  Subject to the provisions of subsections (2),  (3), (4) and (5), the economic and moral rights 
shall be protected during the life time of the author  and for a further period of seventy years from the 
date of his death.   IP/N/1/LKA/C/2 
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   (2)  In the case of a work of joint authorship , the economic and moral rights shall be protected 
during the life of the last surviving author and for a further period of seventy years from the date of 
the death of the last surviving author.  
 (3)  In the case of a collective work, other than  a work of applied art, and in the case of an 
audiovisual work, the economic and moral rights shall be protected for seventy years from the date on 
which the work was first published, or failing publica tion within seventy years from the making of the 
work.  
 (4)  In the case of a work published anonym ously or under a pseudonym, the economic and 
moral rights shall be protected for seventy years fro m the date on which the work was first published : 
  Provided that, where the author's identity is revealed or is no longer in doubt before the 
expiration of the said period, the provisions of sub section (1) or subsection (2) shall apply, as the case 
may require. 
  (5)  In the case of work of applied art, the economic and moral rights shall be protected for twenty-five years from the date of the making of the work.   (6)  Every period provided for under the preced ing subsections shall run to the end of the 
calendar year in which it would otherwise expire. 
 
Original ownership of economic rights. 
 
14.  (1)  Subject to the provisions of subsections (2), (3), (4) and (5), of this section, the author who 
created the work shall be the original owner of economic rights. 
  (2)  In respect of a work of joint authorship, the co-authors sha ll be the original owners of the 
economic rights. If, however, a work of joint authorsh ip consists of parts that can be used separately 
and the author of each part can be identified, the aut hor of each part shall be the original owner of the 
economic rights in respect of the part that he has created. 
 
 (3)  In respect of a collective work, the physi cal person or legal entity at the initiative, and 
under the direction, of whom or which the work has been created shall be the original owner of the 
economic rights.  
 (4)  In respect of a work creat ed by an author employed by a physical person or legal entity in 
the course of his employment, the original ow ner of the economic rights shall, unless provided 
otherwise by way of a contract, be the employer. If the work is created pursu ant to a commission, the 
original owner of economic rights shall be, unless otherwise provided in a contract, the person who 
commissioned the work.  
 (5)  In respect of an audiovisual work, the or iginal owner of the economic rights shall be the 
producer, unless otherwise provided in a contract. Th e co-authors of the audiovisual work and the 
authors of the pre-existing works, included in, or adapted for, the making of the audiovisual work shall, however, maintain their economic rights in  their contributions or pre-existing works, 
respectively, to the extent that those contributions  or pre existing works can be the subject of acts 
covered by their economic rights separately from the audiovisual work. 
  IP/N/1/LKA/C/2 
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  Presumption of authorship and of representation of the author. 
 
15.  (1)  The physical person whose name is indicated as the author on a work in the usual manner 
shall, in the absence of proof to the contrary, be presumed to be the author of the work. The 
provisions of this section shall be applicable even  if the name is a pseudonym, where the pseudonym 
leaves no doubt as to the identity of the author.   (2)  The physical person or legal entity whose na me appears on an audio-visual work shall, in 
the absence of proof to the contrary, be presumed to be the producer of the said work. 
 
Assignment or licence of author's rights. 
 
16.  (1)  The owner of a copyright may – 
 
 ( a)  grant licence to a physical person or legal entity to carry out all or any of the acts relating 
to the economic rights referred to in section 9 ; 
  ( b)  assign or transfer in whole or any part of  the economic rights referred to in section 9. 
  (2)  Any assignment or transfer of an economic ri ght, and any licence to do such an act subject 
to authorization by the owner of the copyright, shall be in writing signed by the assignor and the 
assignee, transferor and the transferee or by the licensor and the licensee, as the case may be. 
  (3)  An assignment or transfer in whole or in part of any economic right, or a licence to do an act subject to authorization by the owner of copyrigh t, shall not include or be deemed to include the 
assignment or transfer or licence in respect of any other rights not expressly referred to therein. 
  
CHAPTER II 
 
RELATED RIGHTS 
 
[PROTECTION OF RIGHTS OF PERFORMERS, PRODUCERS OF SOUND 
RECORDING AND BROADCASTING ORGANIZATION] 
 Rights requiring authorization of performers. 
 17.  (1)  Subject to the provisions of section 21, a pe rformer shall have exclusive right to carry out 
or to authorize any of the following acts :—  
(a)  the broadcasting or other communication to th e public of his performance or a substantial 
part thereof, except where the broad casting, or the other communication— 
 
 (i)   is made from a fixation of the performance, other than a fixation made in terms of 
section 21 ; or 
    (ii)  is a re-broadcasting, made or authorized by the organisation initially broadcasting 
the performance or substantial part thereof ; 
  ( b)  the fixation of his unfixed performance or substantial part thereof ; 
  ( c)  the reproduction of a fixation of his pe rformance or substantial part thereof. IP/N/1/LKA/C/2 
IP/N/1/LKA/I/2 Page 16 
 
 
   
 (2)  Once the performer has authorized the in corporation of his performance in a audiovisual 
fixation, the provisions of subsection (1 ) shall have no further application. 
 
 (3)  Nothing in this section shall be construed to deprive performers of the right to enter into 
contracts in respect of their performances on terms and conditions more favourable to them. 
  (4)  The rights under this section shall be protected from the moment the performance takes 
place until the end of the fiftieth calendar year fo llowing the year in which the performance takes 
place. 
 
Rights of producers of sound recordings. 
 
18.  (1)  Subject to the provisions of section 21, a producer of a sound recording shall have the 
exclusive right to carry out or to authorise any of the following acts :— 
  ( a)  the direct or indirect reproduction of the sound recording or substantial part thereof ; 
  ( b)  the importation of copies of the sound recordi ng or a substantial part thereof even where 
such imported copies were made with the authorisation of the producer ; 
 
 ( c)  the adaptation or other transformation of the sound recording or a substantial part thereof ; 
  ( d)  the rental of a copy of the sound recording or a substantial part thereof, irrespective of the 
ownership of the copy rented ; 
 
 ( e)  the sale or offering for sale to the public of the original or copies of the sound recording or 
substantial part thereof. 
  (2)  The rights under subsection (1) of this  section shall be protected from the date of 
publication of the sound recording until the end of the fiftieth calendar year following the year of 
publication, or if the sound recording has not been  published, from the date of fixation of the sound 
recording until the end of fiftieth calendar year following the year of fixation.  
Equitable remuneration for use of sound recordings. 
 19.  (1)  Where a sound recording published for co mmercial purposes, or a reproduction of such 
sound recording, is used directly for broadcasting or  other form of communication to the public, or is 
publicly performed, a single equitable remuneration for the performer or performers and the producer 
of the sound recording shall be paid by the user.    (2)  Unless otherwise agreed between the perform er or the producer, half of the sum received 
by the producer under subsection (1) shall be paid by the producer to any performer. 
  (3)  The right to an equitable remuneration unde r this section shall subsist from the date of 
publication of the sound recording until the end of the fiftieth calendar year following the year of publication, or if the sound recording has not been  published, from the date of fixation of the sound 
recording until the end of the fiftieth calendar year following the year of fixation. 
  IP/N/1/LKA/C/2 
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  Rights of broadcasting organisation. 
 
20.  (1)  Subject to the provisions of section 21, a broadcasting organisation shall have the 
exclusive right to carry out or to authorize any of followings acts :— 
 
(a)  the re-broadcasting of its broadcast or a substantial part thereof ; 
 (b)  the communication to the public of its br oadcast or a substantial part thereof ; 
 
(c)   the fixation of its broadcast or a substantial part thereof ; 
 (d)  the reproduction of a fixation of its br oadcast or a substantial part thereof. 
  (2)  The rights under this section shall be pr otected from the moment when the broadcasting 
takes place until the end of the fiftieth calendar y ear following the year in which broadcast takes 
place.  
Limitations on protection. 
 
21.  Sections 17, 18, 19 and 20 shall not apply where th e acts referred to in those sections are related 
to— 
  ( a)  the use by a physical person exclusively for his own personal purposes ; 
 
(b)  using short excerpts for reporting current events to the extent justified by the purpose of 
providing current information ; 
 (c)  use solely for the purpose of face to face teaching activities or for scientific research ; 
 (d)  cases where, under copyright, a work can be used without the authorization of the owner 
of copyright. 
 
Enforcement of rights and disputes resolution. 
 
22.  (1)  Any person who infringes or is about to infri nge any of the rights protected under this Part 
may be prohibited from doing so by way of an injunc tion and be liable to damages. The owner of such 
rights is entitled to seek such other remedy as the court may deem fit. 
  (2)  ( a)  The Court shall have power and jurisdiction— 
     (i)   to grant such injunctions to prohibit the commission of any act of, 
infringement or the continued commission of such acts of infringement of 
any right protected under this Part ; 
 
(ii)  to order the impounding of copies of works or sound recordings suspected of 
being made sold, rented or imported wit hout the authorization of the owner of 
any right protected under this Part where the making, selling, renting or 
importation of copies is subject to such authorization, as well as the 
impounding of the packaging of, the implements that could be used for the making of, and the documents, accounts or  business papers, referring to, such 
copies. 
 IP/N/1/LKA/C/2 
IP/N/1/LKA/I/2 Page 18 
 
 
   ( b)  The Court shall in addition have the jurisd iction to order the payment by the infringer, of 
damages for the loss suffered as a consequence of th e act of infringement, as well as the payment of 
expenses caused by the infringement, including lega l costs. The amount of damages shall be fixed 
taking into account inter alia , the importance of the material and moral prejudice suffered by the 
owner of the right, as well as the importance of the in fringer's profits attributable to the infringement. 
Where the infringer did not know or had no reasona ble cause to know that he or it was engaged in 
infringing activity, the court may limit damages to the profits of the infringer attributable to the 
infringement or to pre established damages.  
 ( c)  The Court shall have the authority to orde r the destruction or other reasonable manner of 
disposing of copies made in infringement of any righ t protected under this Part if available and their 
packaging outside the channels of commerce in such  a manner as would avoid harm to the owner of 
the rights, unless he requests otherwise. The provisions of this section shall not be applicable to copies 
and their packaging which were acquired by a third party in good faith. 
 
 ( d)  Where there is a danger that implements ma y be used to commit or continue to commit 
acts of infringement, the Court shall, whenever and to the extent that it is reasonable, order their 
destruction or other reasonable manner of disposing of the same outside the channels of commerce in 
such a manner as to minimize the risks of further infringements, including surrender to the owner of 
the rights. 
 
 ( e)  Where there is a danger that acts of infringe ment may be continued, the court shall make 
such orders as may be necessary pr event such acts being committed. 
  ( f)   The provisions of Chapter XXXV of this  Act relating to infringement and remedies 
shall apply, mutatis mutandis , to rights protected under this Part. 
  ( g)  Any person who infringes or attempts to infri nge any of the rights protected under this Part 
shall be guilty of an offence and on convicti on be liable to any penalty as provided for in 
Chapters XXXVIII and XLI of the Act.  
 (3)  ( a)  The Director-General may on an application being made in the prescribed form and 
manner by a person aggrieved by any of his rights under this Part being infringed or in any other 
manner affected, and after such inquiry as he thinks  fit determine any question that may be necessary 
or expedient to determine in connection with such application and such decision shall be binding on 
the parties subject to the provisions of paragraph ( b) of this subsection. 
 
 ( b)  Any person aggrieved by the decision of the Director-General may make an appeal to the 
Court and unless the Court issues an interim orde r staying the operation of the decision of the 
Director-General, such decision shall continue to be  in force until the matter is decided by the Court. 
 
Measures, remedies and sanctions against abuses in respect of technical means. 
 23.  (1)  The following acts shall be considered unl awful and in the application of section 22 shall 
be assimilated to infringements of the rights of the owner of copyright :—    (i)   the manufacture or importation for sale or rental of any device or means specifically 
designed or adapted to circumvent any device or means intended to prevent or restrict 
reproduction of a work or to impair the qua lity of copies made (the latter device or 
means hereinafter referred to as "copy pr otection or copy management device or 
means") ; 
  IP/N/1/LKA/C/2 
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    (ii)  the manufacture or importation for sale or rental of any device or means that is 
susceptible to enable or assist the recep tion of an encrypted program, which is 
broadcast or otherwise communicated to the public, including reception by satellite, by those who are not entitled to receive the program. 
 
 (2)  In the application of section 22, any illicit device and means mentioned in subsection (1) of this section shall be assimilated to infringing copies of works. 
  (3)  The owner of copyright in a work shall also be entitled to the damages for infringement 
provided for in section 22 where— 
   ( a)  authorized copies of the work have been made and offered for sale or rental in an 
electronic form combined with a copy protec tion or copy management device or means, 
and a device or means specifically designed or adapted to circumvent the said device or 
means, made or imported for sale or rental ; 
   ( b)  the work is authorised for inclusion in an encrypted program, broadcast or otherwise 
communicated to the public, including by satellite, and a device or means enabling or assisting the reception of the program by those who are not entitled to receive the program made or imported, for sale or rental. 
 
Protection of expressions of folklore and damages. 
 
24.  (1)  Subject to the provision of subsection (4) of this section expressions of folklore shall be 
protected against—  
 
  ( a)  reproduction ; 
   ( b)  communication to the public by performance,  broadcasting, distribution by cable or 
other means ; 
 
  ( c)  adaptation, translation and other transforma tion, when such expressions are made either 
for commercial purposes or outside thei r traditional or customary context. 
  (2)  The rights conferred by subsection (1) of  this section shall not apply where the acts 
referred to therein are related to – 
 
(a)  the use by a physical person exclusively for his own personal purposes ; 
 (b)  using short excerpts for reporting current events  to the extent justified by the purpose of 
providing current information ; 
 
(c)  the use solely for the purpose of face to  face teaching or for scientific research ; 
 (d)  instances referred to in sections 11 and 12, where a work can be used without the 
authorization of the owner of copyright. 
 
 (3)  In all printed publications, and in connec tion with any communication to the public of any 
identifiable expression of folklore, its source shall be indicated in an appropriate manner and in 
conformity with fair practice by mentioning the community or place from where the expression utilized has been derived.  IP/N/1/LKA/C/2 
IP/N/1/LKA/I/2 Page 20 
 
 
   (4)  The right to authorize acts referred to in subsection (1) of this section shall subject to the 
payment of a prescribed fee, vest in a Competen t authority to be determined by the Minister. 
  (5)  The money collected under subsection (4) shall be used for purposes of cultural 
development.  
  (6)  Any person who, without the permission of the Competent Authority referred to in 
subsection (4), uses an expression of folklore in a manner not permitted by this section shall be in 
contravention of the provisions of this section and shall be liable to damages, and be subject to an 
injunctions and any other remedy as the Court ma y deem fit to award in the circumstances. 
 
Registration of society, administration of ri ghts by societies, control over the rights and 
submission of report. 
 25.  (1)  ( a)  No person or body of persons corporate or  unincorporate shall, after the coming into 
operation of this Act, commence or carry on the business of issuing or granting licences in respect of any right protected under this Part except under or in accordance with, the provisions of paragraph ( c) 
of this subsection :   Provided that the owner of such right shall, in his individual capacity, continue to have the right 
to grant licences in respect of his own rights. Where such owner is a member of a society registered 
under this section the grant of such licences shall be consistent with his obligations as a member of 
such society.   ( b)  Any body of persons corporate or unincorporate which fulfils such conditions as may be 
prescribed, apply to the Director-General for pe rmission to engage in the business specified in 
paragraph ( a) and register the society. 
  ( c)  The Director-General may having regard to the interests of the owners of the rights 
protected under this Part, the interests and convenien ce of the public and in particular of the groups of 
persons who are most likely to seek licences in r espect of relevant rights and the ability and 
professional competence of the applicant to gr ant permission to commence or carry on business 
specified in paragraph ( a) of subsection (1) and register such pe rson or body of persons as a collective 
society subject to such conditions as may be prescribed :   Provided that the Director-General shall not ordina rily register more than one such society to do 
business in respect of the same class of rights. 
  ( d)  The Director-General may, if he is satisfied  that the society is being managed in a manner 
detrimental to the interests of the owners of rights concerned, cancel or suspend the registration of the 
society and the permission to commence or carry on business as specified in paragraph ( a) of this 
subsection, after such inquiry as may be necessary. 
 
 ( e)  The Director-General may by order cancel or  suspend the registration of such society and 
the permission to carry on business pending inquiry for such period not exceeding one year as may be specified in such order under paragraph ( d) of this subsection. 
 
 ( f)   Where the Director-General  suspends the registration of a society, he shall thereupon 
appoint an administrator to carry out the functions of the society.   IP/N/1/LKA/C/2 
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 Page 21 
 
 
   (2)  ( a)  Subject to such conditions as may be prescribed— 
     (i)   a society may accept from an owne r of the rights exclusive authorization to 
administer any right under this Part by the issue of licences or collection of 
licence fees or both ; and  
     (ii)  an owner of the rights shall have the right to withdraw such authorization 
without prejudice to the rights of the society under any contract between such owner and society.  
 
 ( b)  It shall be competent for a society to enter into any agreement with any foreign society or 
organization administering rights corresponding to th e rights protected under this Part, and to entrust 
to such foreign society or organization the administration in any foreign country of rights administered by the said society in Sri Lanka, or for administering in Sri Lanka the rights 
administered in a foreign country by such foreign society or organization : 
  Provided that no such society or organization sh all permit any discrimination in regard to the 
terms of a licence or the distribution of fees colle cted in connection with the rights protected under 
this Part and in such foreign country.  
 ( c)  Subject to such conditions as may be prescribed, a society may – 
   (i)   issue licences in respect of any rights protected under this Part ;    (ii)  collect fees in pursuance of such licences ; 
 
  (iii)  distribute such fees among owners of rights after making deductions for its own 
expenses ; 
   (iv)  perform any other functions consiste nt with the provisions of subsection (4). 
 
 (3)  ( a)  Every society shall be subject to the co llective control of the owners of rights under 
this Part whose rights are administered in su ch a manner as may be prescribed in order to — 
   (i)   obtain the approval of such owners of rights for its procedures of collection and 
distribution of fees; 
 
  (ii)  obtain their approval for the utilizat ion of any amounts collected as fees for any 
purpose other than distribution to the owner of rights ; and 
   (iii)  provide to such owners regular, fu ll and detailed informatio n concerning all its 
activities, in relation to the administration of their rights. 
 
 ( b) All fees distributed among the owners of rights shall, as far as may be, be distributed in 
proportion to the actual use of their works.   (4)  ( a)  Every Society shall submit to the Di rector-General such returns as may be 
prescribed. 
  ( b)  The Director-General may call for any report or records of any society for the purpose of 
satisfying himself that the fees collect ed by the society in respect of the rights administered by it are 
being utilized or distributed in accordan ce with the provisions of this Part. IP/N/1/LKA/C/2 
IP/N/1/LKA/I/2 Page 22 
 
 
   
Scope of application.  
26.  (1)  The provisions of this Part in respect of  the protection of literary, artistic or scientific 
works shall apply to — 
  ( a)  works of authors who are nationals of , or have  their habitual residence in, Sri Lanka ; and 
  ( b)  works first published in Sri Lanka, works fi rst published in another country and hereupon 
published in Sri Lanka, within thirty days from su ch publication, irrespective of the nationality or 
residence of the author.   (2)  The provisions of this Part shall also a pply to works that are protected in Sri Lanka by 
virtue of, and in accordance with, any internationa l convention or any inte rnational agreement to 
which Sri Lanka is a party. 
 
Protection of performers.  
27.  (1)  The provisions of this Part in respect of protection of performers shall apply to— 
 
 (a)  performers who are nationals of Sri Lanka ; 
  (b)  performers who are not nationals of Sri Lanka but whose performances :— 
 
(i)   take place on the territory of Sri Lanka ; or 
 
(ii)  are incorporated in sound recordings  that are protected under this Part ; or 
 (iii)  have not been fixed in a sound reco rding but are included in broadcasts qualifying 
for protection under this Part. 
 
 (2)  The provisions of this Part on the protection of sound recodings, shall apply to — 
 
 (a)  sound recordings the producers of which, are nationals of Sri Lanka ; 
  (b)  sound recordings first fixed in Sri Lanka ; and 
 
 (c)  sound recordings first published in Sri Lanka. 
  (3)  The provisions of this Part on the protection of broadcasts shall apply to—  
 (a)  broadcasts of broadcasting organisations  where the registered office of such 
organisations are situated in Sri Lanka ; and 
   ( b)  broadcasts transmitted from transmitters situated in Sri Lanka. 
  (4)  The provisions of this Part shall in addition apply to performers, producers of sound 
recordings and broadcasting orga nisations protected by virtue of, and in accordance with, any 
international convention or any international agreement to which Sri Lanka is a party. 
   IP/N/1/LKA/C/2 
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  PART III 
 
CHAPTER III 
 
INDUSTRIAL DESIGNS 
 
SCOPE OF THIS PART AND DEFINITIONS 
 Conditions for protection. 
 28.   The protection of industrial designs provided under th is Part shall be in addition to and not in 
derogation of any other protection provided under any other written law,  in particular under Part II of 
this Act. 
 
Scope of this Part. 
 
29.   The protection provided under this Part shall— 
  ( a)  apply only to new industrial designs ; 
 
 ( b)  not apply to an industrial design which consis ts of any scandalous design or is contrary to 
morality or public order or public interest or which, in the opinion of  the Director-General 
or of any Court to which such matter has been referred to is likely to offend the religious 
or racial susceptibilities of any community. 
 
Definition of industrial design. 
 
30.   For the purposes of this Part any composition of  lines or colours or any three dimensional 
form, whether or not associated with lines or colour s, that gives a special appearance to a product of 
industry or handicraft and is capable of serving as a pattern for a product of industry or handicraft 
shall be deemed to be an industrial design : 
 
  Provided that anything in an industrial design which serves solely to obt ain a technical result 
shall not be protected under this Part.  
Definition of novelty. 
 
31.   (1)  For the purpose of this Part a new industrial design means an industrial design which 
had not been made available to the public anywhere  in the world and at any time whatsoever through 
description, use or in any other manner before the date of an application for registration of such 
industrial design or before the priority da te validly claimed in respect thereof. 
 
 (2)  An industrial design shall not be deemed to have been made available to the public solely 
by reason of the fact that, within the period of si x months preceding the filing of an application for 
registration, it had been a display at an official or officially recognized, international exhibition. 
  (3)  An industrial design shall not be considered  a new industrial design solely by reason of the 
fact that it differs from an earlier industrial design in minor respects or that it concerns a type of 
product different from a product embodying an earlier industrial design.   IP/N/1/LKA/C/2 
IP/N/1/LKA/I/2 Page 24 
 
 
  CHAPTER IV 
 
RIGHT TO PROTECTION OF INDUSTRIAL DESIGN 
 
Ownership and right to protection of industrial design. 
 
32.  (1)  The right to obtain protection of an industrial design belongs to its owner. 
  (2)  Subject to provisions of section 34, the owner of an industrial design or his successor in 
title is its creator. 
  (3)  Where two or more persons have jointly created an industrial design, the right to obtain protection shall belong to them jointly :  
 Provided that a person who has merely assisted in the creation of an industrial design but has 
made no contribution of a creative nature shall not be deemed to be the creator or a co-creator of such 
industrial design.   (4)  Subject to the provisions of sections 33 a nd 34 the person who makes the first application 
for the registration of an industrial design or the pe rson who first validly claims the earliest priority 
for his application shall be deemed to be the creator of such industrial design. 
 
Industrial design.  
33.   (1)  Where the essential elements of an industri al design, are the subject of an application 
for registration or have been derived from an industrial design, for which the right to protection 
belongs to another person, such other person may apply in writing to the Director-General to assign 
the said application or registration to him.   (2)  The application for assignment shall be fo rwarded with the prescribed fee and evidence to 
substantiate the claim of the applicant. Where the registration has already been effected, the 
application under subsection (1) shall be made within  one year from the date of the publication of the 
registration under section 44.   (3)  The Director-General shall forthwith send a copy of such applica tion for assignment to the 
applicant for registration or the registered owner of  the industrial design, who shall within a period of 
three months from the date of such notice forward to  the Director-General a counter statement in the 
prescribed manner together with the prescribed fee and evidence to substantiate his claim. 
  (4)  If the applicant or the registered owner forwards a counter statement as referred to in subsection (3), the Director-General shall after hear ing the parties, if he considers it necessary decide 
as expeditiously as possible whether the applicati on or registration should be assigned and, where 
applicable whether the register should be rectified.  If the applicant or the registered owner fails to 
forward a counter statement as provided for in sub section (3) within the period of three months, the 
Director-General shall allow the appli cation referred to in subsection (1). 
  (5)  Where, after an application for the regist ration of an industrial design has been filed, the 
person to whom the right to protection belongs gives his consent to the filling of the said application, 
such consent shall, for all purposes, be deemed to ha ve been effective from the date of filling of such 
application.   IP/N/1/LKA/C/2 
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 Page 25 
 
 
  Industrial design created by the employee to accrue to employer. 
 
34.   (1)  In the absence of any provision to the cont rary in any contract of employment or for the 
execution of work, the ownership of an industrial design created in the performance of such contract 
or in the execution of such work shall be deem ed to accrue to the employer, or the person who 
commissioned the work, as the case may be :    Provided that where the industrial design acqui res an economic value much greater than the 
parties could reasonably have foreseen at the time of  concluding the contract of employment or for the 
execution of work, as the case may be, the creator shall be entitled to equitable remuneration which 
may be fixed by the Court on an application made  by the creator to Court in the absence of an 
agreement between the parties.   (2)  Where an employee whose contract of empl oyment does not require him to engage in any 
creative activity creates, in the field of activities of  his employer, an industrial design using data or 
means placed at his disposal by his employer, the ow nership of such industrial design shall be deemed 
to accrue to the employer in the absence of any provision to the contrary in the contract of 
employment :    Provided that the employee shall be entitled to equitable remuneration, which in the absence of 
agreement between the parties, may be fixed by th e Court on an application made by the employee, 
taking into account his emoluments, the economic value of the industrial design and any benefit 
derived from it by the employer.   (3)  The rights conferred on the creator of an industrial design by subsections (1) and (2) shall 
not be restricted by contract. 
 
Naming of creator of an industrial design. 
 
35.   (1)  The creator of an industrial design shall be  named as such in the registration, unless by 
a declaration in writing signed by him or any person authorized by him in writing in that behalf and 
submitted to the Director-General indicates his wil lingness to forgo his name being used in such 
registration.   (2)  The provisions of subsection (1) not be altered, varied or modified by the terms of any contract. 
 
 
CHAPTER V 
 
REQUIREMENTS OF APPLICATION AND PROCEDURE FOR  
REGISTRATION OF AN INDUSTRIAL DESIGN 
 
Requirements of application.  
36.   (1)  An application for registration of an in dustrial design shall be made to the Director-
General in the prescribed form and shall be accomp anied by the prescribed fee and shall contain— 
 
 ( a)  a request for registration of the industrial design ; 
  ( b)  the name, address and description of the applicant and, if he is a resident outside Sri 
Lanka, a postal address for service in Sri Lanka ; IP/N/1/LKA/C/2 
IP/N/1/LKA/I/2 Page 26 
 
 
   
 ( c)  a specimen of the article embodying the industrial design or copies of a photographic or 
graphic representation of the industrial design, in  colour where it is in colour, or drawings 
and tracings of the design ; 
 
 ( d)  an indication of the kind of products for wh ich the industrial design is to be used and, 
where the regulations make provision for cl assification, an indication of the class or 
classes in which such products are included ; 
 
 ( e)  a declaration by the applicant that the industr ial design is new to the best of his knowledge. 
  (2)  The application for registration may be accompanied by a declaration signed by the creator of the industrial design, giving his name and addr ess and requesting the same to be indicated in the 
registration.  
 
 (3)  Where the applicant is not the creator of  the industrial design the application shall be 
accompanied by a statement justifying the applicant's right to obtain registration. 
  (4)  The Director-General shall in every case where the applicant is not the creator of the 
Industrial design, shall serve the creator with a copy of the statement referred to in subsection (3). The 
creator of the industrial design shall have the righ t to inspect the application and to receive, on 
payment of the prescribed fee, a copy thereof.   (5)  Where the application is filed through an  agent, it shall be accompanied by power of 
attorney granted to such agent by the applicant. 
 
Right of priority. 
 
37.   The applicant for registration of an industria l design who desires to avail himself of the 
priority of an earlier application filed in a conventio n country shall, within six months of the date of 
such earlier application, append to his application a written declaration indicating the date and number 
of the earlier application, the name of the applican t and the country in which he or his predecessor in 
title filed such application and shall, within a pe riod of three months from the date of the later 
application filed in Sri Lanka, furnish a copy of  the earlier application certified as correct by the 
Appropriate Authority of the country where such earlier application was filed.  Application fee. 
 
38.   An application for registration of an industr ial design shall not be entertained unless the 
prescribed fee has been paid  to the Director-General. 
 
Examination of application. 
 
39.   (1)  The Director-General shall examine wh ether the applicant has complied with the 
provisions of sections 36, section 37 (where applicable) and section 38. 
  (2)  Where the applicant fails to comply with the provision of sections 36 and 37 the Director-
General shall refuse registration of the industrial design :  
  Provided that the Director-General shall first notif y the applicant of any defect in the application 
and shall afford him an opportunity to remedy such  defect within three months from the date of 
receipt of such notification.  IP/N/1/LKA/C/2 
 IP/N/1/LKA/I/2 
 Page 27 
 
 
   
 (3)  Where the applicant fails to comply with the provisions of section 37 the Director-General 
shall not, in connection with the registration of the industrial design, make any reference to the 
priority claimed. 
 
 (4)  Where the applicant complies with the provi sions of section 37 the Director-General shall, 
in connection with the registration of the indus trial design, record the priority claimed. 
  (5)  Where the Director-General  refuses to register an industrial design he shall, state the 
grounds for such refusal and inform the applicant,  on payment of a prescribed fee of the grounds for 
his decision. 
 
Registration.  
40.   (1)  Where the applicant complies with the pr ovisions of sections 36 and 38 the Director-
General shall examine the industrial design in  relation to the provisions of section 29. 
  (2)  Where the industrial design is not registrable under section 29 the Director-General shall notify the applicant accordingly, stating th e grounds for refusal of registration. 
 
 (3)  Where the Director-Gener al refuses the application of a person for registration of an 
industrial design, the applicant may within a period of  one month from the date of such notification in 
terms of section (2), make his submissions in writin g on the matter of such refusal to the Director-
General.  
 (4)  On receipt of any such submission as re quired by subsection (3) the Director-General may 
grant such applicant a hearing and inform him of the date and time of such hearing. The Director-
General may after such hearing register or refuse to register such industrial design. 
  (5)  ( a)  Notwithstanding the provisions of subsections (1) (2), (3) and (4) where the 
Director-General finds that the ess ential elements of an industrial d esign is derived from an industrial 
design already registered in respect of which an app lication for registration is made, he shall notify the 
applicant accordingly and request him, with a copy to the registered owner of the cited industrial 
design, to show that the industrial design is not so derived.   ( b)  The applicant may, within a period of three months from the date of such notice, tender his 
written submissions to the Director-General with the prescribed fee. The registered owner of the cited 
industrial design may also tender his observations in writing within the same period of time.  
  ( c)  On receipt of such written submissions and ob servations, if any, the Director-General shall 
after hearing the parties if he considers it necessary forthwith de termine whether such industrial 
design should be registered or not. 
 
 ( d)  Where the applicant fails to tender his written submissions as required by paragraph ( b) of 
subsection (5) the Director-General  shall refuse the application for the registration of the industrial 
design for reasons to be stated and he shall in writing, if the applicant so requests, inform the 
applicant in writing of the grounds for his decision on payment by the applicant of the prescribed fee. 
 
 (6)  Where the Director-General is of the opin ion that the industrial design is registrable he 
may request the applicant to pay within a period of  one month the prescribed fee for publication of the 
application.  IP/N/1/LKA/C/2 
IP/N/1/LKA/I/2 Page 28 
 
 
   (7)  Where the fee for publication of the app lication is not paid within the prescribed period 
registration of the industrial design shall be refused. 
 
 (8)  ( a)  If the fee for publication is paid within  the prescribed period the Director-General 
shall proceed to publish the application setting out the date of application, number of the application, 
the name and address of the applicant and if the applicant is resident outside Sri Lanka, a postal 
address for service in Sri Lanka, the priority claime d, a description of the industrial design and the 
kind and class of the industrial design.  
 ( b)  Notwithstanding the provisions of s ubsections (6), (7) and paragraph ( a) of subsection (8), 
the Director-General may in his discretion by a wr itten notice, require the applicant to publish the 
application in accordance with the provisions of paragraph ( a) of subsection (8) and in the form as 
indicated by the Director-General. Where the applican t fails or neglects to publish the application as 
required by the Director-General within a period of two months from the said notice of the Director-
General, the application may be refused. 
  (9)  Where any person considers that the indus trial design is not registrable on one or more 
grounds referred to in section 29 he may within a period of two months from the date of publication 
give to the Director-General in a prescribed form  and together with the prescribed fee, notice of 
opposition to such registration stating his gro unds of opposition accompanied by evidence to 
substantiate such grounds.  
  (10)  Where notice of opposition has not been received by the Director-General within the 
period specified in subsection (9) the Director-G eneral shall register the industrial design. 
 
 (11)  Where, within the period specified in subsection (9) notice of opposition in the prescribed 
form is received by the Director-General, together with the prescribed fee, he shall serve a copy of 
such grounds of opposition on the a pplicant and shall request him to present his observations on those 
grounds in writing accompanied by evidence to support  his application within a period of one month. 
  (12)  On receipt of the observations of the app licant the Director-General shall after hearing the 
parties, where taking all the circumstances into c onsideration he considers such hearing necessary, 
decide, as expeditiously as possible, whether or not the industrial design may be registered. If he 
decides that the industrial design is registrable he  shall accordingly register such industrial design— 
  ( a)  where no appeal is preferred against his d ecision, upon the expiry of the period within 
which an appeal may be preferred against his decision ; 
  ( b)  where an appeal is preferred against his d ecision, upon the dismissal of such appeal, as the 
case may be. 
  (13)  The Director-General may allow a reas onable extension of the prescribed period within 
which any act has to be done or any fee has to be paid under this section. 
 
Issue of certificate of registration.  
41.   Upon the registration of an industrial design, the Director-General shall issue to the registered 
owner thereof a Certificate of Registration and shall, at the request of the registered owner, send such 
certificate to him by registered post to his last record ed postal address in Sri Lanka  or, if he is resident 
outside Sri Lanka, to his last recorded postal address.   IP/N/1/LKA/C/2 
 IP/N/1/LKA/I/2 
 Page 29 
 
 
  Register of Industrial Designs. 
 
42.   (1)  The Director-General shall keep and ma intain a register called the "Register of 
Industrial Designs" wherein shall be recorded, in the order of their registration, all registered 
industrial designs and such other particulars relati ng to the industrial designs as are authorised or 
directed by this Part to be so recorded  or may from time to time be prescribed. 
  (2)  The registration of an industrial design  shall include a representation of the industrial 
design and shall specify its number, the name a nd address of the registered owner and, if the 
registered owner is resident outside Sri Lanka, a postal address for service in Sri Lanka ; the date of 
application and registration ; if priority is validly claimed, an indication of that fact and the number, 
date and country of the application on the basis of which the priority is claimed ; the kinds and classes 
of products referred to in paragraph ( d) subsection (1) of section 36 and the name and address of the 
creator of the industrial design, if he has requested hi s name to be indicated as such in the registration. 
 
Examination of register and certified copies. 
 
43.   Any person may examine the register and may obtain certified extracts therefrom on payment 
of the prescribed fee. 
 
Publication of registered industrial designs. 
 
44.   The Director-General shall cause to be publishe d in the Gazette, in the prescribed form, all 
registered industrial designs in the order of their registration, including in respect of each industrial 
design so published reference to such particulars as may be prescribed. 
 
 
CHAPTER VI 
 
DURATION OF REGISTRATION OF AN INDUSTRIAL DESIGN 
 
Duration of registration. 
 
45.   Subject to, and without prejudice to the other provisions of this Part, registration of an 
industrial design shall expire on the completion of  five years from the date of receipt of the 
application for registration.  Renewal.  
46.  (1)  Registration of an industrial design may be  renewed for two consecutive periods of five 
years each, on an application made in that behalf and on payment of the prescribed fee.  
 (2)  The renewal fee shall be paid within the six months preceding the date of expiration of the 
period of registration :    Provided, however, that a period of grace of six months shall be allowed for the payment of the 
fee after the date of such expiration, upon payment of such surcharge as may be prescribed. 
 
 (3)  The Director-General shall record in the register and cause to be published in the Gazette 
in the prescribed form a list of all renewals of registration of industrial designs.  IP/N/1/LKA/C/2 
IP/N/1/LKA/I/2 Page 30 
 
 
   (4)  Where the renewal fee has not been paid within such period or such extended period as is 
specified in subsection (2), the Director-General shall remove from the relevant register the 
registration relating to such industrial design.  
 
CHAPTER VII 
 
RIGHTS OF A REGISTERED OWNER OF AN INDUSTRIAL DESIGN 
 
Rights of a registered owner of an industrial design.  
47.  (1)  Subject and without prejudice to other provisi ons of this Part, the registered owner of an 
industrial design shall in relation to such i ndustrial design have the exclusive rights to — 
 
 ( a)  reproduce and embody such industrial design in making a product ; 
  ( b)  import, offer for sale, sell or use a pr oduct embodying such industrial design ; 
  ( c)  stock for the purpose of offering for sale, selling or using, a product embodying such 
industrial design ; 
 
 ( d)  assign or transmit the registration of the industrial design ; 
  ( e)  conclude licence contracts. 
 
 (2)  No person shall do any of the acts referred to in subsection (1) without the consent of the 
registered owner of the industrial design.   (3)  The acts referred to in subsection (1), if  done by any unauthorized person, shall not be 
lawful solely by reason of the fact that the repr oduction of the registered industrial design differs from 
the registered industrial design in minor respects or that the reproduction of the registered industrial 
design is embodied in a type of product different  from a product embodying the registered industrial 
design. 
 
Limitation of registered owner's rights.  
48.   The provisions of subsection (1) of section 47 shall— 
  (1)  extend only to acts done for industrial or commercial purposes ;   (2)  not preclude third parties from performing an y of the acts referred to therein in respect of a 
product embodying the registered industrial design after the said product has been lawfully 
manufactured, imported, offered for sale, sold, used or stocked in Sri Lanka. 
   IP/N/1/LKA/C/2 
 IP/N/1/LKA/I/2 
 Page 31 
 
 
  CHAPTER VIII 
 
ASSIGNMENT AND TRANSMISSION OF APPLICATIONS FOR 
REGISTRATION OF INDUSTRIAL DESIGNS AND REGISTRATIONS 
OF THE SAME 
 Assignment and transmission of applications and registrations.  
49.  (1)  An application for registration or the re gistration of an industrial design may be assigned 
or transmitted and such assignment or transmission sh all be in writing signed by or on behalf of the 
contracting parties.   (2)  Any person becoming entitled by assignment or by transmission to an application for registration or the registration of an industrial design may apply to the Director-General in the 
prescribed manner along within the prescribed fee to have such assignment or transmission recorded 
in the register.   (3) No such assignment or transmission shall be recorded in the register unless the prescribed fee 
has been paid to the Director-General.  
 (4)  No such assignment or transmission shall have effect against third parties unless so 
recorded in the register. 
 
Joint ownership of applications and registration.  
50.   In the absence of any agreement to the contrary  between the parties, joint owners of an 
application for registration or the registration of  an industrial design may, separately, assign or 
transmit their rights in the application or regist ration, use the industrial design and exercise the 
exclusive rights referred to in paragraphs ( a) to ( c) of subsection (1) of section 47, but may only 
jointly withdraw the application, renounce th e registration or conclude a licence contract. 
 
 
CHAPTER IX 
 
LICENCE CONTRACTS OF INDUSTRIAL DESIGNS 
 
Interpretation. 
 
51.   For the purposes of this Part licence contract means any contract by which the registered 
owner of an industrial design ("the Licensor") gran ts to another person or enterprise ("the licensee") a 
licence to do any or all of the acts referred to in paragraphs ( a), (b) and ( c) of subsection (1) of 
section 47.  
 
Form and record of licence contract. 
 
52.  (1)  A licence contract shall be in writing signed by or on behalf of the contracting parties. 
 
 (2)  Upon a request in writing signed by or on behalf of the contracting parties, the Director-
General shall on payment of the prescribed fee, record  in the register such particulars relating to the 
contract as the parties thereto requires to be recorded :   IP/N/1/LKA/C/2 
IP/N/1/LKA/I/2 Page 32 
 
 
   Provided that the parties shall not be required to  disclose or have recorded any other particulars 
relating to the said contract.  
Rights of licensee. 
 
53.   In the absence of any provision to the contrary  in the licence contract, the licensee shall— 
  ( a)  be entitled to do any or all of th e acts referred to in paragraphs ( a), (b) and ( c) of 
subsection (1) of section 47 within Sri La nka, during the period of validity of the 
registration of the industrial design, inclusive of the period of renewal if any ; 
  ( b)  not be entitled to assign or transmit his rights under the licence contract or grant sub-
licenses to third parties. 
 
Rights of licensor. 
 
54.  (1)  In the absence of any provision to the c ontrary in the licence contract, the licensor may 
grant further licenses to third parties in respect of the same industrial design or on behalf of himself 
do any or all of the acts referred to in subparagraphs ( a), (b) and ( c) of subsection (1) of section 47. 
 
 (2)  Where the license contract provides that the license is exclusive, and unless it is expressly 
provided otherwise in such contract, the licensor sh all not grant further licenses to third parties in 
respect of the same industrial design or not execute any of the acts referred to in sub-paragraphs ( a), 
(b) and ( c) of subsection (1) of section 47 or cause to be executed. 
 Invalid clauses in license contracts. 
 
55.   Any clause or condition in a license contract sh all be null and void in so far as it imposes 
upon the licensee, in industrial or commercial field, restrictions not derived from the rights conferred by this Part on the registered owner of an industr ial design, or unnecessary for safeguarding of such 
rights : 
 
 Provided that—   ( a)  restrictions concerning the scope, extent, or duration of use of the industrial design, or the 
geographical area in or the quality or quantity of the products in connection with which the 
industrial design may be used ; and 
  ( b)  obligations imposed upon the licensee to re frain from all acts capable of prejudicing the 
validity of the registration of the industrial design,  
 shall not be deemed to constitute such restrictions.  Effect of nullity of registration of license contract.  
56.   Where, before the expiration of the license contr act the registration is declared null and void 
the licensee in such event not be required to ma ke any payment to the licensor under the licence 
contract, and shall be entitled to reimburse ment of the payments already made : 
  Provided that the licensor shall not be required to  make any repayment, or be required to make 
repayment in part, to the extent of his ability to  prove that such repayment would be inequitable  IP/N/1/LKA/C/2 
 IP/N/1/LKA/I/2 
 Page 33 
 
 
  having considered all the circumstances and in part icular whether the licensee has effectively profited 
from the licence. 
 
Expiry, termination or invalidation of licence contract. 
 57.   The Director-General shall— 
  (1)  if he is satisfied that a recorded licence c ontract has expired or been terminated, record that 
fact in the register upon a request in writing to that effect signed by or on behalf of the 
parties thereto ; 
  (2)  record in the register the expiry, termination or invalidation of a licence contract under any 
provision of this Part. 
 
Licence contracts involving payments abroad. 
 
58.  (1)  Where the Director-General has reasonable cause to believe that any licence contract or 
any amendment or renewal thereof—   ( a)  which involves the payment of royalties abroad ; or 
 
 ( b)  which by reason of other circumstances relating to such licence contract,  
 is detrimental to the economic development of Sri Lanka he shall in writing communicate such fact to 
the Governor of the Central Bank and transmit all pa pers in his custody relevant to the matter which 
are essential to the making of a decision on such matter to the Governor of the Central Bank. 
  (2)  Where the Governor of the Centra l Bank on receipt of any communication under 
subsection (1) informs the Director-General in  writing that the said licence contract or any 
amendment or renewal thereof is detrimental to the econom ic development of Sr i Lanka, the Director-
General shall cancel and invalidate the reco rd of such contract in the register. 
 
 (3)  The provisions of this section shall apply, mutatis mutandis, to assignment and 
transmissions.   (4)  The provisions of this Chapter shall apply mutatis mutandis, to sub-licences. 
 
 
CHAPTER X 
 
RENUNCIATION AND NULLITY OF REGISTRATION  
OF INDUSTRIAL DESIGN 
 
Renunciation of registration.  
59.  (1)  The registered owner of an industrial d esign may renounce the registration by a declaration 
in writing signed by him or on his behalf in writing and submit it to the Director-General. 
 
 (2)  The Director-General shall, on receipt of th e said declaration, record it in the register and 
cause such record to be published in the Gazette. 
 IP/N/1/LKA/C/2 
IP/N/1/LKA/I/2 Page 34 
 
 
   (3)  The renunciation shall take effect from the da te that the Director-Gen eral receives the said 
declaration.   (4)  Where a licence contract in respect of an industrial design is recorded in the register the 
Director-General shall not, in the absence of any pr ovision to the contrary in such licence contract, 
accept or record the said renunciation except upon receipt of a signed declaration by which every licensee or sub-licensee on record co nsents to the said renunciation, unless the requirement of their 
consent is expressly waived in the licence contract.  Nullity of registration. 
 
60.  (1)  The Court may on the application, to which the registered owner of the industrial design 
and every assignee, licensee or sub-licensee on record shall be made a party, of any person having a legitimate interest, or of any competent authority including the Director-General, declare the 
registration of the industrial design null and void on any one or more of the following grounds— 
  ( a)  that the provisions of sections 29, 30 and 31 have not been complied with : 
     Provided, however, that the grounds of nu llity referred to in subsection (2) of section 29 
shall not be taken into account if such grounds  are not apparent on the date of the making 
of the application to Court ; 
  ( b)  that the identical industrial design has been  previously registered upon a prior application 
or has been conferred earlier priority by virtue  of an application in that behalf upon the 
ground of prior registration in another country ; 
 
 ( c)  that the essential elements of the registered  industrial design have been unlawfully derived 
from the creation of another person within the meaning of section 33. 
  (2)  Where an application under subsection (1 ) of this section relates to several industrial 
designs, included in the registration and any ground fo r nullity applies to some, the Court shall declare 
such registration null and void in so far as it relates to the industrial design in respect of which the 
ground for nullity applies. 
 
Date and effect of nullity.  
61.  (1)  Upon a final decision of the Court declaring total or partial nullity of the registration of an 
industrial design, the registration sha ll be deemed to have been null and void totally or partially, as the 
case may be, from the date of such registration.   (2)  When a declaration of nullity becomes fi nal the Registrar of the Court shall notify the 
Director-General who shall record such declaration in the register and cause it be published in the 
Gazette. 
   IP/N/1/LKA/C/2 
 IP/N/1/LKA/I/2 
 Page 35 
 
 
  PART IV 
 
CHAPTER XI 
 
DEFINITIONS 
 Definition of invention.  
62.  (1)  For the purposes of this Part, "invention" m eans 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 ma y relate to, a product or process. 
  (3)  The following, notwithstanding they are i nventions within the meaning of subsection (1), 
shall not be patentable— 
  ( a)  discoveries, scientific theories and mathematical methods ; 
  ( b)  plants, animals and other micro organism ot her than transgenic micro organism and an 
essentially biological process for the production of plants and animals other than non-
biological and microbiological processes : 
     Provided however, that a patent granted in respect of micro-organisms shall be subject 
to the provisions of this Act; 
 
 ( 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 practiced on the human or animal body : 
 
    Provided however, any product used in any such method shall be patentable ; 
  ( e)  an invention which is useful in the utilizati on of special nuclear material or atomic energy 
in an atomic weapon ; 
 
 ( f)   any invention, the prevention within Sri La nka of the commercial exploitation of which is 
necessary to protect the public order, morality including the protection of human, animal or plant life or health or the avoidance of serious prejudice to the environment. 
 
Patentable inventions. 
 63.   An invention is patentable if it is new, involves an inventive step and is industrially 
applicable. 
 IP/N/1/LKA/C/2 
IP/N/1/LKA/I/2 Page 36 
 
 
  Novelty. 
 
64.  (1)  An invention is new if it is not anticipated by prior art. 
 
 (2)  Prior art shall consist of— 
  ( a)  everything disclosed to the public, anywhere  in the world, by written publication, oral 
disclosure, use or in any other way, prior to the filing or, where appropriate, priority date 
of the patent application claiming the invention ; 
 
 ( b)  the contents of patent application made in Sri Lanka having an earlier filing or, where 
appropriate, priority date than the patent  application referred to in paragraph ( a), to extent 
that such contents are included in the pate nt granted on the basis of the said patent 
application made in Sri Lanka. 
 
 (3)  A disclosure made under paragraph ( a) of subsection (2) shall be disregarded— 
  ( a)  if such disclosure occurred within one year pr eceding the date of the patent application and 
if such disclosure or in consequence of acts committed by the applicant or his predecessor 
in title ; 
 
 ( b)   if such disclosure occurred within six mont hs preceding the date of the patent application 
and if such disclosure was by reason or in c onsequence of any abuse of the rights of the 
applicant or his predecessor in title. 
 
Inventive step. 
 
65.   An invention shall be considered as involving an  inventive step if, having regard to the prior 
art relevant to the patent application claiming the in vention, such inventive step would not have been 
obvious to a person having ordinary skill in the art.  Industrial application of invention.  
66.   An invention shall be considered industrially app licable if it can be made or used in any kind 
of industry.  
 
CHAPTER XII 
 
RIGHT TO A PATENT 
 Right to a patent. 
 67.  (1)  Subject to the provisions of section 68 the right to a patent shall belong to the inventor. 
  (2)  Where two or more persons have jointly ma de an invention, the right to a patent shall 
belong to them jointly.  
 
 (3)  If and to the extent to which two or more persons have made the same invention 
independently of each other, the pers on whose application has the earliest filling date or, if priority is 
claimed, the earliest validly claimed priority date, shall have the right to the patent, so long as that 
application is not withdrawn, abandoned or rejected.  IP/N/1/LKA/C/2 
 IP/N/1/LKA/I/2 
 Page 37 
 
 
   
Assignment of patent application or pa tent, by court in case of usurpation. 
 
68.   Where the essential element of the invention clai med in a patent application or patent have 
been unlawfully derived from an invention for which the right to the patent belongs to another person, 
such other person may apply to the Court for an orde r that the said patent application or patent be 
assigned to him :   Provided that where, after a patent application h as been filed, the person to whom the right to the 
patent belongs gives his consent to the filing of the sa id patent application, such consent shall, for all 
purposes, be deemed to have been effective fro m the date of filing of such application :  
  Provided also that the Court shall not entertain an  application for the assignment of a patent after 
the expiry of a period of five years from the date of grant of the patent. 
 
Inventions made by an employee or pursuant to a commission. 
 
69.  (1)  In the absence of any provision to the contrary in any contract of employment or for the 
execution of work, the right to a patent for an inve ntion made in the performance of such contract of 
employment or in the execution of such work shall be  deemed to accrue to the employer, or the person 
who commissioned the work, as the case may be :  
  Provided that where the invention acquires an economic value much greater than the parties 
could reasonably have foreseen at the time of entering the contract of employment or for the execution of work, as the case may be, the inventor shall be entitled to equitable remuneration which 
may be fixed by the Court an application made to it in that behalf, in th e absence of an agreement 
between the parties.   (2)  Where an employee whose contract of empl oyment does not require him to engage in any 
inventive activity, makes in the field of activities of  his employer, an invention using data or means 
placed at his disposal by his employer, the right to the patent for such invention shall be deemed to 
accrue to the employer, in the absence of any provision to the contrary in the contract of employment : 
  Provided that the employee shall be entitled to equitable remuneration which, in the absence of 
agreement between the parties, may be fixed by the Court, taking into account his emoluments an 
application made to it in that behalf the economic value of the invention and any benefit derived from 
it by the employer. 
  (3)  The rights conferred on the inventor under sub sections (1) and (2) shall not be restricted by 
contract. 
 
Naming of inventor. 
 70.  (1)  The inventor shall be named as such in th e patent, unless by a declaration in writing signed 
by him or on his behalf and submitted to the Director-General, he indicates his decision to forgo his name being included in the patent.  
 (2)  The provisions of subsection (1) shall not be modified by the terms of any contract. 
 IP/N/1/LKA/C/2 
IP/N/1/LKA/I/2 Page 38 
 
 
   
CHAPTER XIII 
 
REQUIREMENTS OF APPLICATION AND PROCEDURE 
FOR GRANT OF A PATENT 
 Requirements of applications.  
71.  (1)  ( a)  An application for the grant of a patent sh all be made to the Director-General in the 
prescribed form and shall contain— 
  (i)   a request for the grant of the patent ;   (ii)  a description of the patent ; 
 
 (iii) a claim or claims ;   (iv)  a drawing or drawings, where required ;   (v)  an abstract ; 
 
 (vi)  date and number of any application for a pa tent filed by the applicant abroad (hereinafter 
referred to as the "foreign application"), if any,  relating to the same, or essentially the same 
invention as that claimed in the present application ; 
 
 (vii)  a declaration that the applicant or his pr edecessor in title has not obtained a patent abroad 
before the application was filed relating to the same or essentially the same invention as 
that claimed in the application. 
  ( b)  If the declaration referred to in sub-paragraph (vii) of paragraph ( a) of subsection (1) of 
this section is found to be false, the Court may declar e the patent to be null and void on an application 
made to it by any interested party or a Compet ent Authority including the Director-General. The 
registered owner of the patent, assignees and licen sees shall be made party to that application. 
  ( c)  Where the applicant's ordinary residence or principal place of business is outside Sri 
Lanka, he shall be represented by an agent reside nt in Sri Lanka whose name and address shall be 
given in the application, and the application shall be accompanied by a power of attorney granted to 
such agent by the applicant.   ( d)  The application may be accompanied by a declaration signed by the inventor, giving his 
name and address and requesting that he  be named as such in the patent. 
 
 (2)  ( a)  The request shall contain – 
   (i)   a petition that the patent be granted ;    (ii)  the title of the invention; 
 
  (iii)  the name, address, description and an y other prescribed information concerning the 
applicant, the inventor and the agent, if any. 
  IP/N/1/LKA/C/2 
 IP/N/1/LKA/I/2 
 Page 39 
 
 
   ( b)  Where the applicant is not the inventor, th e request shall be accompanied by a statement 
justifying the applicant's right to the patent.   ( c)  The Director-General shall send a copy of the statement referred to in paragraph ( b) to the 
inventor who shall have the right to inspect the application and to receive, on payment of the 
prescribed fee, a copy thereof.   (3)  The description shall disclose the invention in a manner sufficiently clear and complete for 
the invention to be evaluated, and to be carried out  by a person having ordinary skill in the relevant 
technology and shall, in particular, indicate the best mode known to the applicant for carrying out the 
invention.   (4)  The claim or claims shall be clear, concise and supported by the description.  
 (5)  Drawings shall be required when they ar e necessary for the understanding of the invention. 
  (6)  The terms of any claim shall determine the scope and extent of the protection afforded by 
the patent, and the description and drawings may be used to interpret such claim.  
  (7)  The abstract shall serve the purpose of tec hnical information and shall not be used for the 
purpose of determining or interpreti ng the scope and extent of the protection afforded by the patent. 
  (8)  Any application filed outside Sri Lanka under the Patent Corporation Treaty for a patent 
designating Sri Lanka shall if the applicant files a corresponding application with the Director-General be deemed to be an a pplication made under this Act. 
 
 For the purposes of this Chapter "the Patent Co rporation Treaty" means the Patent Corporation 
Treaty made in Washington on June 19th 1970, as amended from time to time. 
 
Application fee.  
72.   An application for the grant of a patent shall not be entertained unless prescribed fee has been 
paid to the Director-General. 
 
Search report.  
73.  (1)  Every applicant shall furnish, within th e prescribed period, a report, which if not in 
English shall be accompanied by a translation ther eof in English, of a search which shall conform 
such type as may be prescribed :    Provided, however, that in lieu of the said search  an applicant may request  the Director-General 
to refer the application to a local examiner who shall examine the application on the basis of any 
claim with due regard to the description and the draw ings, if any, and furnish a report to the Director-
General within the prescribed period, on the releva nt prior art, after making the required effort to 
discover as much of the relevant prior art as f acilities permit ; and for the purposes of the search the 
local examiner shall make reference to every documentation on prior art available to him.  
  (2)  The applicant shall, when requiring the Dir ector-General to refer his application to a local 
examiner, forward such application with the prescribed fee to Director-General. 
 IP/N/1/LKA/C/2 
IP/N/1/LKA/I/2 Page 40 
 
 
   (3)  ( a)  The applicant shall, at the request of the Director-General, furnish him with the 
following documents in respect of any foreign application for a patent filed by him abroad relating to the same or essentially the same invention as that claimed in the application filed under this Act – 
 
  (i)   a copy of any communication received by the applicant concerning the results of any 
search or examination carried out in respect of the foreign application ; 
   (ii)  a copy of the patent granted on the basis of the foreign application ; and  
  (iii)  a copy of any final decision rejecting the foreign application or refusing the grant of a 
patent requested in the foreign application. 
  ( b)  The applicant shall, at the request of the Di rector–General, furnish him with a copy of any 
final decision invalidating the patent granted on th e basis of the foreign application referred to in 
paragraph ( a). 
  (4)  For this purposes of the section "local examiner" means any skilled person to whom the 
Director-General may refer questions concerning patents. 
 
Unity of invention. 
 74.   An application shall relate to one invention onl y or to a group of inventions which are so 
linked to each other so as to form a single general inventive concept. 
 
Amendment and division of application. 
 75.  (1)  An applicant may amend the application, provided that the amen dment shall not exceed 
the limits of the disclosure in the initial application.   (2)  ( a)  An applicant may divide the application in to two or more applications (hereinafter 
referred to as "divisional applica tions") provided that each divisiona l application shall not exceed the 
limits of disclosure in the initial application. 
  ( b)  Each divisional application shall be entitled to the filing, or where applicable, priority, 
from date of the initial application.  
 (3)  An amendment to an application or a divi sion of an application shall be subject to the 
payment of a prescribed fee.  
Right of priority. 
 
76.  (1)  An application may contain a declara tion claiming the priority, pursuant to the 
Convention, of one or more earlier national, region al or international applications filed by the 
applicant or his predecessor in title in or fo r any State party to the said Convention. 
  (2)  Where the application contains a declar ation under subsection (1), the Director-General 
may require the applicant to furnis h, within the prescribed period, a copy of the earlier application, 
certified as correct by an officer authorized in that  behalf, for that purpose by the Office with which it 
was filed or, where the earlier application is an international application filed under the Patent Co-
operation Treaty, by an office authorized in that beha lf for that purpose by the International Bureau of 
the World Intellectual Property Organization.   IP/N/1/LKA/C/2 
 IP/N/1/LKA/I/2 
 Page 41 
 
 
   (3)  The effect of the declaration referred to in  subsection (1) shall be the same as provided for 
in the Convention referred to therein.   (4)  Where any of the requirements of this s ection or any regulation ma de thereunder have not 
been complied with, the declaration referred to in s ubsection (1) shall be deemed to be null and void. 
 
Filing date.  
77.  (1)  The Director-General shall record as the fili ng date, the date of receipt of the application : 
 
 Provided that on the date of the receipt of the application, contains –   ( a)  the name and address of the applicant ; 
 
 ( b)  the name and address of the inventor and, where the appli cant is not his inventor, the 
statement referred to in paragraph ( b) of subsection (2) of section 71 ; 
 
(c)  a description of the patent; 
 (d)  a claim or claims : 
 
 Provided further that at the time of receipt of the application the prescribed fee has been paid. 
  (2)  Where the Director-General finds, at the time of receipt of the application, that the 
provisions of subsection (1) have not been complied with, he shall request the applicant to file the 
required correction within a period of three months from the date of such request.  
  (3)  Where the applicant complies with the requ est referred to in subsection (2), the Director-
General shall record as the filing date, the date of receipt of the required correction ; where the applicant fails to so comply the Director–Gener al shall treat the application as null and void. 
 
 (4)  Where the application refers to drawings wh ich in fact are not included in the application, 
the Director-General shall request the a pplicant to furnish the missing drawings. 
  (5)  Where the applicant complies with the requ est referred to in subsection (4), the Director-
General shall record as the filing date the date of receipt of the missing drawings ; where the applicant 
fails to so comply the Director-General shall reco rd as the filing date, the date of receipt of the 
application and shall make no reference to the said drawings.   (6)  The title, description, drawings, abstracts and claims filed with any international application made under subsection (8) of section 71,  designating Sri Lanka shall be deemed to be 
carried out in accordance with specifications required under this Act. 
 
 (7)  The filing date of such application ma de under subsection (8) of section 71 and processed 
by the office shall be deemed to be the date of f illing of such application under the Patent Corporation 
Treaty.  IP/N/1/LKA/C/2 
IP/N/1/LKA/I/2 Page 42 
 
 
  Examination of applications &c. 
 
78.  (1)  The Director-General shal l examine the application and shall satisfy himself as to the 
fulfilment of the following :— 
 
 ( a)  where applicable, the requirements of paragraph ( b) of subsection (1) of section 71 ; 
  ( b)  the requirements of paragraph ( a) of subsection (2) of section 71 ; 
 
 ( c)  where applicable, the requirements of paragraph ( b) of subsection (2) of section 71 ; 
  ( d)  the description, the claims and where app licable, the drawings, which comply with the 
prescribed requirements ; 
 
 ( e)  the essential elements of the invention claime d in the application have not been unlawfully 
derived from a patent already granted in Sri Lanka ; 
  ( f)   the application contains an abstract ; 
  ( g)  the search report referred to in section 73 has been submitted. 
 
 (2)  Where the Director-General finds that th e conditions referred to in subsection (1) are not 
fulfiled he shall request the applicant to file the required correction within a period of three months 
from the date of such request ; where the applicant fa ils to so comply the application shall, subject to 
the provisions of subsection (3), be rejected. 
 
 (3)  Where no correction is provided in r esponse to a request under subsection (2), the 
Director-General shall, on payment of the prescrib ed fee within the prescribed period, include the 
corrections into the application and if the prescribed  fee is not paid within the prescribed period the 
application shall be rejected.  
 (4)  Where the Director-General finds that the essential elements of an invention claimed in an 
application are unlawfully derived from a patent alre ady granted in Sri Lanka, such application shall 
be rejected.   (5)  The Director-General shall notify the app licant of any decision under subsections (2), (3) 
and (4) and any decision taken to reject the applica tion shall be in writing stating the reasons for such 
rejection. 
 
Grant of patent.  
79.  (1)  The grant of a patent shall not be refused  and a patent shall not be invalidated on the 
ground that the commercial exploitation of the clai med invention is prohibited by any law except 
where the prevention of the commercial exploitation of  the claimed invention is necessary in order to 
protect public order, and morality including the protec tion of human, animal or plant life or health or 
for the avoidance of serious prejudice to the environment.  
 (2)  Where the applicant fulfils the require ments of subsection (1) of section 78 to the 
satisfaction of the Director-General, he sh all grant the patent, and shall forthwith — 
  ( a)  record the particulars relating to patent in th e Register of patents required to be maintained 
in accordance with the provisions of section 80 ;  IP/N/1/LKA/C/2 
 IP/N/1/LKA/I/2 
 Page 43 
 
 
   
 ( b)  issue a certificate to the applicant in respect of  the grant of a patent together with a copy of 
the patent documents including the search report : 
 
 Provided however where the applicant has not te ndered an international search report, but has 
requested the Director-General to refer the app lication to a local examiner under the proviso to 
section 73, the Director-General shall publish a not ice informing the public, of the possibility of 
granting a patent to the applicant at the expiration of a period of three months from the date of publication of the notice, unless otherwise directed by the Court. 
 
 (3)  The Director-Gener al shall thereafter as soon as practi cable cause to be published in the 
Gazette a notice pertaining to the grant of the patent.   (4)  The patent shall be deemed to be grante d on the date that the Director-General acts in 
accordance with the provisions of paragraph ( a) of subsection (2). 
  (5)  The notice referred to in the proviso to subsection (2) shall contain the name and address 
of the applicant and where the applicant is reside nt outside Sri Lanka a postal address for service in 
Sri Lanka, a description of the invention and any other information as may be prescribed. 
 
 (6)  The applicant shall make the payment of the prescribed fee for the publication referred to 
in the proviso to subsection (2) upon the request of the Director-General, and where the applicant fails 
to satisfy such request within one month from the date of such request the Director-General shall 
refuse to grant such patent.  Register of Patents. 
 
80.   The Director-General shall keep and maintain a register (hereinafter called and referred to as 
the "Register of Patents") wherein all patents shall be  recorded, in the order of their grant, specifying 
the number of the patent, the name and address of the gr antee and, if the grantee is resident outside Sri 
Lanka, a postal address for service in Sri Lanka, the date  of application and grant, any change in the 
ownership of a patent application or patent, the amendment or divisi on of a patent application, the 
assignment or transmission of a patent application or  patent, any valid claim to priority, the surrender 
or revocation of a patent and such other matters relating to patents as are authorised or directed by this 
Part to be so recorded or may from time to time be prescribed. 
 
Examination of register and certified copies. 
 
81.   Any person may examine the register and may obtain certified extracts therefrom on payment 
of the prescribed fee.  
Inspection of files. 
 82.  (1)  Any person may, after the grant of a patent, inspect, subject to subsections (2) and (3), the 
file relating to any patent and may obtain certifie d extracts therefrom on payment of the prescribed 
fee.  
 (2)  The file relating to a patent application may be inspected before the grant of the patent 
only with the written permission of the applicant :  IP/N/1/LKA/C/2 
IP/N/1/LKA/I/2 Page 44 
 
 
   Provided that before the grant of the patent  the Director-General may divulge the following 
information to any person—   ( a)  the name, address and description of the applicant and the name and address of the agent, 
if any ; 
  ( b)  the number of the application ; 
  ( c)  the filing date of the application and, if priority is claimed, the priority date, the number of 
the earlier application and the name of the State in which the earlier application was filed 
or, when the earlier application is a regional or  an international application, the name of 
the State or States for which and the office with which, it was filed ; 
  ( d)  the title of the invention ; 
 
 ( e)  any change in the ownership of the appli cation and any reference to a licence contract 
appearing in the file relating to the application. 
  (3)  Where the provisions of the proviso to subsection (2) of section 79 are applicable, the reference to the grant of a patent in subsections (1 ) and (2) of this section shall be deemed to be a 
reference to the publication of the notic e referred to in the said proviso. 
  (4)  No person employed in or at the Office may make a patent appli cation or be granted a 
patent or acquire or hold in any manner whatsoever any right relating to a patent during the period of 
his employment in or at the office and for one year after the termination of such employment. 
 
 
CHAPTER XIV 
 
DURATION OF PATENT 
 
Duration of patent. 
 
83.  (1)  Subject and without prejudice to the other provisions of this Part a patent shall expire 
twenty years after the filing date of application for its registration.  
 (2)  Where a patentee intends at the expiration of the second year from the date of grant of the 
patent to keep the same in force he shall, twelve  months prior to the date of expiration of the second 
and each succeeding year during the term of the patent, pay the prescribed annual fee: 
  Provided, however, that a period of grace of six months shall be allowed after the date of such 
expiration, upon payment of such surcharge as may be prescribed : 
 
 Provided further that the patentee may pay in a dvance the whole or any portion of the aggregate 
of the prescribed annual fees.   IP/N/1/LKA/C/2 
 IP/N/1/LKA/I/2 
 Page 45 
 
 
   
CHAPTER XV 
 
RIGHTS OF OWNER OF PATENT 
 
Rights of owner of patent.  
84.  (1)  Subject and without prejudice to the other provisions of this Part, the owner of a patent 
shall have the following exclusive rights in relation to a 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 subsection (1) without the consent of the 
owner of the patent.   (3)  For the purposes of the this Part "exploita tion" 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, exporting or using the product ; 
 
   (ii)  stocking such product for the purpose of offering for sale, selling, exporting or 
using; 
  ( b)  when the patent has been gr anted in respect of a process— 
 
   (i)   using of 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 ; 
 
   (iii)  preventing any person using that pro cess or using, selling or importing any product 
obtained directly by means of that process unless such person is authorized to do so. 
 
Burden of proof to be on the alleged infringer.  
85.  (1)  Where the subject mater 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—   ( a)  if the product obtained by the patented process is new ; or 
 
 ( b)  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 the process actually 
used. 
 IP/N/1/LKA/C/2 
IP/N/1/LKA/I/2 Page 46 
 
 
   (2)  In the gathering and evaluation of evidence, the legitimate interests of the alleged infringer 
in protecting his undisclosed information shall be taken into account. 
 
Limitation of owner's rights. 
 86.  (1)  The provisions of section 84 shall— 
   (i)   extend only to acts done for industrial or commercial purposes and in particular shall 
not extend to acts done only for the purpose of scientific research ; 
 
  (ii)  not preclude a person having the rights referred to in section 87 or a licensee, from 
exploiting the patented invention ; 
   (iii)  not extend to the presence or use of pr oducts on foreign vessels, aircraft, spacecraft, or 
land vehicles which temporarily or accidentally enter the waters, airspace or territory of 
Sri Lanka ; 
   (iv)  not extend to acts in respect of articles which have been put in the market by the owner 
of the patent or by a manufacturer under licence. 
 
 (2)  ( a)  Any person, body of persons, a governme nt department or a statutory body may 
make an application to the Director-General for th e purpose of obtaining a licence to exploit a patent 
in the manner hereafter provided.   ( b)  Upon the receipt of such application, the Director-General may issue a licence for 
exploitation if he is satisfied that the applican t has made efforts to obtain approval from the right 
holder on reasonable commercial terms and conditions and that such efforts have not been successful 
within a reasonable period of time.   ( c)  Director-General may waive the requirements set out in paragraph ( b) where he has 
satisfied himself of the existence of a national emergency or any other circumstances of extreme 
urgency or in case of public non-commercial use fo r the purposes such as national security, nutrition, 
health or for the development of othe rs vital section of the national economy. 
  ( d)  The exploitation of the patent shall be limit ed in scope and duration to the purpose as is 
specified in the licence. Such e xploitation shall be predominantly for the purpose of supply to the 
domestic market. 
  ( e)  The Director-General shall consider each application on its individual merits before 
granting a licence to exploit a patent.   ( f)   The issuance of a licence shall be non-exclusive and subject to the payment of adequate 
remuneration to the owner of the patent taking in to consideration the economic value as determined 
by the Director-General, and where applicable, the need to correct anti-competitive practices. 
  ( g)  Where such application is for the explo itation of the patent (the second patent) which 
cannot be exploited without infringi ng another patent (the first pate nt), the following conditions shall 
apply : 
   (i)   the invention claimed in the second patent shall involve an d important technical 
advance of considerable economic significance in relation to the invention claimed in 
the first patent ;  IP/N/1/LKA/C/2 
 IP/N/1/LKA/I/2 
 Page 47 
 
 
   
  (ii)  the owner of the first patent shall be entitled to a cross licence on reasonable terms to 
exploit the invention claimed in the second patent ; and 
 
  (iii)  the exploitation authorized in respect of the first patent shall be non-assignable except 
with the assignment of the second patent. 
  ( h)  The decision of the Director-General, shall be  notified in writing to the owner of the patent 
as soon as practicable. 
 
 ( i)   The Director-General, shall upon, the request  of the owner or of the beneficiary of the 
licence, after hearing the parties, vary his decisi on by amending the terms subject to which licence for 
the exploitation of the patent is issued to the exte nt only that the changed circumstances justify such 
variation. 
 
 ( j)   The Director-General shall upon the requ est of the owner, terminate the non-voluntary 
license if he is satisfied that the circumstances whic h led to his decision have ceased to exist and are 
unlikely to recur or that the license has faile d to comply with terms of such licence. 
  ( k)  Notwithstanding anything contained in paragraph ( j), the Director-General shall not 
terminate a licence, if he is satisfied that adequa te protection of the legitimate interest of the 
beneficiary of the licence justifies the continuity of such licence. 
  ( l)   The licence to exploit a patent may be tran sferred only with the enterprise or the business 
of the licensee of such patent or with the part of  such enterprise or business, in relation to which the 
licence to exploit has been granted. 
  ( m)  Where a judicial or administrative body has de termined that the manner of exploitation of 
a patent by its owner or its licensee is anti-competitiv e, and the Director-General is satisfied that the 
exploitation of a patent in accordance with this section would remedy such practice, the Director-
General may authorize any person, body of person s, government departments or statutory body to 
exploit the patent without a licence of the owner of  the patent. The provisions of the above paragraphs 
except those of paragraphs ( b), (c) and ( g) shall be applicable to such licence. 
  (3)  Any person aggrieved by any decision of the Director-General under subsection (2), may tender an appeal therefrom. The provisions of section 173 shal1, mutatis mutandis, apply in respect of 
such appeal. 
 
Rights derived from prior manufacture or use.  
87.  (1)  Where a person at the filing date or, where applicable, the priority date, of the patent 
application— 
 
 ( a)  was in good faith making the product or us ing the process in Sri Lanka which is the 
subject of the invention claimed in such application ; 
  ( b)  had in good faith made serious prepara tions in Sri Lanka towards the making of the 
product or using the process referred to in paragraph ( a), 
 
he shall have the right, despite the grant of th e patent, to exploit the patented invention : 
 IP/N/1/LKA/C/2 
IP/N/1/LKA/I/2 Page 48 
 
 
   Provided that the product in question is made, or  the process in question is used by the said 
person in Sri Lanka :   Provided further, if the invention was disclosed  under circumstances referred to in paragraph ( a) 
or (b) of subsection (3) of section 64, he may prove, that his knowledge of the invention was not as a 
result of such disclosure.   (2)  The right referred to in subsection (1) sh all not be assigned or transmitted except as part of 
the business of the person concerned. 
 
 (3)  The provisions of this section shall not aff ect the rights of any person to object to the grant 
of a patent on the ground that such invention is not patentable under sections 63, 64, 65 and 66 of the 
Act, or to seek relief under sections 68 and 99 of the Act.  
 
CHAPTER XVI 
 
ASSIGNMENT AND TRANSMISSION OF PATENT APPLICATIONS AND 
PATENTS 
 
Assignment and transmission of pa tent applications and patents. 
 
88.  (1)  A patent application or patent may be  assigned or transmitted and such assignment or 
transmission shall be in writing signed by or  on behalf of the contracting parties. 
 
 (2)  Any person becoming entitled by assignment or transmission to a patent application or 
patent may apply to the Director-General in th e prescribed manner to have such assignment or 
transmission recorded in the register.   (3)  No such assignment or transmission shall be recorded in the register unless the prescribed 
fee has been paid to the Director-General. 
 
 (4)  No such assignment or transmission shall have effect against third parties unless so recorded in the register. 
 
Joint ownership of patent applications or patents. 
 89.   In the absence of any agreement to  the contrary between the parties, joint owners of a patent 
application or patent may, separately, assign or transm it their rights in the patent application or patent, 
exploit the patented invention and take action ag ainst any person exploiting the patented invention 
without their consent, but may only jointly withdraw  the patent application, surrender the patent or 
conclude a licence contract. 
 
 
CHAPTER XVII 
 
LICENCE CONTRACTS 
 
Interpretation.  
90.   For the purposes of this Part licence contract means any contract by which the owner of a 
patent (hereinafter referred to as "the licensor") gr ants to another person or  enterprise (hereinafter  IP/N/1/LKA/C/2 
 IP/N/1/LKA/I/2 
 Page 49 
 
 
  referred to as the "the licensee") a licence to do all or any of the acts referred to in paragraph ( a) of 
subsection (1) and subsection (3) of section 84. 
 
Form and record of licence contract. 
 91.  (1)  A licence contract shall be in writing signed by or on behalf of the contracting parties. 
  (2)  Upon a request in writing signed by or on behalf of the contracting parties, the Director-General shall, on payment of the prescribed fee, reco rd in the register such particulars relating to the 
contract as the parties thereto might wish to have so recorded : 
  Provided that the parties shall not be required to  disclose or have recorded any other particulars 
relating to the said contract.  Rights of licensee. 
 
92.   In the absence of any provision to the contrary  in the licence contract, the licensee shall— 
  ( a)  be entitled to do all or any of the acts referred to in paragraph ( a) of subsection (1) and 
subsection (3) of section 84 within the territo ry of Sri Lanka, without limitation as to time 
and through application of the patented invention ; 
  ( b)  not be entitled to assign or transmit his rights under the licence contract or grant sub-
licences to third parties. 
 
Rights of the licensor. 
 
93.  (1)  In the absence of any provision to the c ontrary in the licence contract, the licensor may 
grant further licences to third parties in respect of the same patent or perform all or any of the acts 
referred to in paragraph ( a) of subsection (1) and subsection (3) of section 84. 
 
 (2)  Where the licence contract provides the li cence to be exclusive, and unless it is expressly 
provided otherwise in such contract, the licensor sh all not grant further licences to third parties in 
respect of the same patent or perform all or any of the acts referred to in paragraph ( a) of 
subsection (1) and subsection (3) of section 84. 
 
Invalid clauses in licence contracts. 
 
94.   Any term or condition in a licence contract shall be null and void in so far as it imposes upon 
the licensee, in the industrial or commercial field, restrictions not derived from the rights conferred by this Part on the owner of the patent, or unnecessary for the safeguarding of such rights :  
 Provided that— 
  ( a)  restrictions concerning the scope, extent or duration of exploitation of the patented 
invention, or the geographical area in or the quality or quantity of the products in connection with, which the patented invention may be exploited ; and 
 
 ( b)  obligations imposed upon the licensee to abst ain from all acts capable of prejudicing the 
validity of the patent,  
 shall not be deemed to constitute such restrictions. IP/N/1/LKA/C/2 
IP/N/1/LKA/I/2 Page 50 
 
 
   
Effect of patent application not being gran ted or patent being declared null and void. 
 
95.   Where, before the expiration of the licence c ontract, any of the following events occur in 
respect of the patent application or pa tent referred to in such contract—  
  ( a)  the patent application is withdrawn ; 
  ( b)  the patent application is finally rejected ; 
 
 ( c)  the patent is surrendered ; 
  ( d)  the patent is declared null and void ; or 
 
 ( e)  the registration of the licence contract is invalidated,  
 the licensee shall no longer be required to make  any payment to the licensor under the licence 
contract, and shall be entitled to repaym ent of the payments already made : 
  Provided that the licensor shall not be required to make any repayment, or repayment only in 
part, if he can prove that any such repayment would be inequitable under the circumstances, in 
particular if the licensee has effectively profited from the licence. 
 
Expiry, termination or invalidation of  licence contract to be recorded. 
 
96.   The Director-General shall— 
  ( a)  if he is satisfied that a recorded licence cont ract has expired or been terminated, record that 
fact in the register upon a request in writing to that effect signed by or on behalf of the parties thereto ; 
 
 ( b)  record in the register the expiry, termination or invalidation of a licence contract under any 
provision of this Part. 
 
Licence contracts involving payments abroad. 
 
97.  (1)  Where the Director-General has reasonable cause to believe that any licence contract or 
any amendment or renewal thereof—   ( a)  which involves the payment of royalties abroad ; or 
  ( b)  which by reason of other circumstances relating to such licence contract, 
 
is detrimental to the economic development of Sri Lanka, he shall in writing communicate such fact to 
the Governor of the Central Bank and transmit all pape rs in his custody relevant to a decision on such 
matter to the Governor of the Central Bank.  
 (2)  Where on receipt of any communication unde r subsection (1) the Governor of the Central 
Bank informs the Director-General in writing that  the said licence contract or any amendment or 
renewal thereof is detrimental to  the economic development of Sri Lanka, the Director-General shall 
cancel and invalidate the record of such contract in the register.   IP/N/1/LKA/C/2 
 IP/N/1/LKA/I/2 
 Page 51 
 
 
   (3)  The provisions of this section shall apply, mutatis mutandis, to assignments and 
transmissions.   (4)  The provisions of this Chapter shall apply, mutatis mutandis, to sub-licence. 
 
 (5)  The provisions of this Chapter shall ha ve no application to a licence referred to in 
subsection (2) of section 86.   
CHAPTER XVIII 
 
SURRENDER AND NULLITY OF PATENT 
 Surrender of patent. 
 98.  (1)  The registered owner of a patent may surrender the patent by a declaration in writing 
signed by him or by any person authorized by him on his behalf and shall submit it to the Director-General.    (2)  The surrender may be limited to one or more claims of the patent. 
 
 (3)  The Director-General shall, on receipt of the said declaration record it in the register or 
cause it to be registered and shall cause such  record to be published in the Gazette. 
  (4)  The surrender shall take effect from the date of receipt of such declaration by the Director-
General. 
  (5)  Where a licence contract in respect of a pa tent is recorded in the register, the Director-
General shall not, in the absence of provision to the contrary in such licence contract, accept or record 
the said surrender except upon receipt of a signed decl aration by which every licensee or sub-licensee 
on record consents to the said surrender, unless the requirement of his consent is expressly waived in 
the licence contract. 
 
Nullity of patent. 
 
99.  (1)  The Court may on the application of any pe rson showing a legitimate interest, or of any 
Competent Authority including the Director-General , to which the owner of the patent and every 
assignee, licensee or sub-licensee on record shall be ma de party, declare the patent null and void on 
any one or more of the following grounds :—   ( a)  that what is claimed as an invention in the pa tent is not an invention within the meaning of 
subsection (1) of section 62, or is exclude d from protection under subsection (3) of 
section 62, or subsection (1) of section 79, or is not patentable due to the failure to satisfy 
the requirements of sections 63, 64, 65 and 66 ; or 
  ( b)  that the description or the claims, fails to satisfy the requirements of subsections (3) and 
(4) of section 71 ; or 
 
 ( c)  that any drawings required for the understa nding of the claimed invention have not been 
furnished ; or 
 IP/N/1/LKA/C/2 
IP/N/1/LKA/I/2 Page 52 
 
 
   ( d)  that the right to the patent belongs to a person other than the pers on to whom the patent 
was granted : 
  Provided that the patent has not been assigned to  the person to whom the right to the patent 
belongs. 
  (2)  ( a)  Where the provisions of subsection (1) apply only to some of the claims or some 
parts of a claim, such claims or parts of a cl aim may be declared null and void by the court. 
 
 ( b) The nullity of part of a claim shall be declared  in the form of a corresponding limitation of the 
claim in question.   (3)  ( a)  An assignee, licensee or sub-licensee, as the case may be, who has been made party 
to the application under subsection (1), shall be en titled to join in the proceedings in the absence of 
any provision to the contrary in any contract  or agreement with the owner of the patent. 
  ( b)  Where the application to Court is on the ground referred to in paragraph ( d) of 
subsection (1), the applicant shall give notice of the application to the person to whom the right to the 
patent is alleged to belong.  Date and effect of nullity. 
 
100.  (1)  Upon a final decision of the Court declar ing total or partial nullity of a patent, the 
patent shall be deemed to have been null and void,  totally or partially, as the case may be, as from the 
date of the grant of such patent. 
 
 (2)  When a declaration of nullity becomes fi nal the Registrar of the Court shall notify the 
Director-General who shall record the said declaration in the register and cause it to be published in 
the Gazette.  
 
PART V 
 
CHAPTER XIX 
 
MARKS AND TRADE NAMES 
 
Definitions.  
101.  For the purposes of this Part, unless the context otherwise requires— 
  "certification mark" means a mark indicating that the goods or services in connection with which 
it is used are certified by the proprietor of the mark in respect of origin, material, mode of 
manufacture of goods or performance of servi ces, quality, accuracy or other characteristics ; 
  "collective mark" means any visible sign designate d as such and serving to distinguish the origin 
or any other common characteris tic of goods or services of different enterprises which use the 
mark under the control of the registered owner ; 
  "enterprise" means any business, industry or  other activity carried on by an individual, 
partnership, company, or co-operative societ y wherever registered or incorporated and 
whether registered or not under any law for the time being in force relating to companies, co- IP/N/1/LKA/C/2 
 IP/N/1/LKA/I/2 
 Page 53 
 
 
  operative societies or businesses engaged in or  proposing to engage  in any business and 
includes any business undertaking of the Gove rnment or any State Corporation whether 
carrying on business in Sri Lanka or otherwise ; 
 
 "false trade description" means a trade description which is false or misleading in a material 
respect as regards the goods or services to which it  is applied, and includes every alteration of 
a trade description, whether by way of add ition, effacement or otherwise, where that 
alteration makes the description false or misleadi ng in a material respect, and the fact that a 
trade description is a trade mark or part of  a trade mark shall not prevent such trade 
description being a false trade description within the meaning of this Part ; 
  "geographical indication" means an indication which identifies any goods as originating in the 
territory of a country, or a region or locality in  that territory, where a given quality, reputation 
or other characteristic of the good is essentially attributable to its geographical origin ; 
 
 "goods" means anything which is the subject of  trade, manufacture or merchandise and includes 
services ; 
  "indication of source" means any expression or si gn used to indicate that a product or service 
originates in a given country or group of countries, region, or locality ; 
 
 "mark" means a trade mark or service mark ;   "name" includes any abbreviation of a name ;  
 "person" means manufacturer, dealer, trader  or owner and includes any body of persons, 
corporate or unincorporate ; 
  "service mark" means any visible sign serving to distinguish the services of one enterprise from 
those of an other enterprise ; 
 
 "trade description" means any description, statement or other indication, direct or indirect— 
   ( a)   as to the number, quantity, measure, gauge, or weight of any goods ; or 
   ( b)  as to the place or country in which any goods were made or produced ; or 
 
  ( c)   as to the mode of manufacturing or producing any goods ; or 
   ( d)  as to the material of which any goods are composed ; or 
   ( e)  as to any goods being the subject of an existing copyright, related rights, industrial 
design or patent or any other matter protected under this Act ; or 
   ( f)   as to the quality, kind or  nature of the services ; or 
   ( g)  as to the standard of quality of any goods,  according to a classification commonly used 
or recognized in the trade ; or 
 IP/N/1/LKA/C/2 
IP/N/1/LKA/I/2 Page 54 
 
 
    ( h)  as to the fitness for purpose, strength, performance or behaviour of any goods,  
   and the use of any figure, word or mark wh ich, according to the custom of the trade, is 
commonly taken to be an indication of any of th e above matters shall be deemed to be a trade 
description within the meaning of this Part ; 
  "trade mark" means any visible sign serving to di stinguish the goods of one enterprise from those 
of another enterprise ; and 
 
 "trade name" means the name or designation id entifying the enterprise of a natural or legal 
person.  
  
CHAPTER XX 
 
ADMISSIBILITY OF MARKS 
 Admissibility of marks.  
102.  (1)  The exclusive right to a mark conferred by  this Part shall be acquired, subject to the 
succeeding provisions, by registration. 
  (2)  Registration of a mark may be granted to the person who—   ( a)  is the first to fulfill the conditions of a valid application ; or 
 
 ( b)  is the first to validly claim the earliest priority for his application : 
  Provided however such mark shall not be  inadmissible under sections 103 and 104. 
  (3)  A mark may consist in particular, of  arbitrary or fanciful designations, names, 
pseudonyms, geographical names, slogans, devices,  reliefs, letters, numbers, labels, envelopes, 
emblems, prints, stamps, seals, vignettes, selve dges, borders and edgings, combinations or 
arrangements of colours and shapes of goods or containers. 
 
Marks inadmissible on objective grounds. 
 103.  (1)  A mark shall not be registered— 
  ( a)  which consists of shapes or forms imposed by  the inherent nature of the goods or services 
or by their industrial function ; 
 
 ( b)  which consists exclusively of a sign or indi cation which may serve, in the course of trade, 
to designate the kind, quality, quantity, intended purpose, valu e, place of origin or time of 
production, or of supply, of the goods or services concerned ; 
  ( c)  which consists exclusively of a sign or indication which has become, in the current 
language or in the bona fide and established practices of trade in Sri Lanka, a customary 
designation of the goods or services concerned ; 
  ( d)  which, is incapable of distinguishing the goods or services of one enterprise from those of 
another enterprise ;  IP/N/1/LKA/C/2 
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 Page 55 
 
 
   
 ( e)  which consists of any scandalous design or is contrary to morality or public order or 
which, in the opinion of the Director-General or of any court to which the matter may be 
referred to, as the case may be, is likely to offend the religious or racial susceptibilities of 
any community ; 
  ( f)   which is likely to mislead trade circles or the public as to the nature, the source, 
geographical indication the manufacturing process, the characteristics, or the suitability for their purposes, of the goods or services concerned ; 
 
 ( g)  which does not represent in a special or particular manner the name of an individual or 
enterprise ; 
  ( h)  which is, according to its ordinary sign ification, a geographical name or surname ; 
 
 ( i)   which reproduces or imitates armorial beari ngs, flags or other emblems, initials, names or 
abbreviated names of any State or any inter governmental international organization or any 
organization created by international convention, unless authorized by the Competent Authority of that State or international organization ; 
 
 ( j)   which reproduces or imitates official signs or hallmarks of a State, unless authorized by 
the Competent Authority of that State ; 
  ( k)  which resembles in such a way as to be likel y to mislead the public, a mark or a collective 
mark or a certification mark the registra tion of which has expired and has not been 
renewed during a period of two years preced ing the filing of the application for the 
registration of the mark in question or where its renunciation, removal or nullity has been recorded in the register during a period of tw o years preceding the filing of the application 
for the mark in question ; 
  ( l)   the registration of which has been sought in respect of goods or services the trading of 
which is prohibited in Sri Lanka ; 
  ( m)  which consists of any other word  or definition as may be prescribed. 
  (2)  The Director-General shall in applying the provisions of paragraphs ( b), (c) , (d), (f), (g) 
and ( h), of subsection (1), have regard to all the factual circumstances and, in particular, the length of 
time the mark has been in use in Sri Lanka or in othe r countries and the fact that the mark is held to be 
distinctive in other countries or in trade circles. 
 
Marks inadmissible by reason of third-party rights.  
104.  (1)  The Director-General shall not register a mark— 
  ( a)  which resembles, in such a way as to be  likely to mislead the public, a mark already 
validly filed or registered by a third party,  or subsequently filed by a person validly 
claiming priority, in respect of identical or similar goods or services in connection with 
which the use of such mark may be likely to mislead the public ; 
  ( b)  which resembles, in such a way as to be lik ely to mislead the public, an unregistered mark 
used earlier in Sri Lanka by a third party in connection with identical or similar goods or 
services, if the applicant is aware, or could not have been unaware, of such use ; IP/N/1/LKA/C/2 
IP/N/1/LKA/I/2 Page 56 
 
 
   
 ( c)  which resembles, in such a way as to be lik ely to mislead the public, a trade name already 
used in Sri Lanka by a third party, if the applicant is aware. or could not have been 
unaware, of such use ; 
 
 ( d)   if it is identical with, or misleadingly similar to, or constitutes or translation or 
transliteration or transcription of a mark or trade name which is well known in Sri Lanka 
for identical or similar goods or services of a third party, or such mark or trade name is well known and registered in Sri Lanka for goods or services which are not identical or 
similar to these in respect of which registrati on is applied for, provided in the latter case 
the use of the mark in relation to those goods or services would indicate a connection between those goods or services and the ow ner of the well known mark and that the 
interests of the owner of the well known mark are likely to be damaged by such use ; 
 
 ( e)  which infringes other third party rights or is contrary to the provisions of Chapter XXXII 
relating to the prevention of unfair competition ; 
  ( f)   which is filed by the agent or a representa tive of a third party who is the owner of such 
mark in another country, without the author ization of such owner, unless the agent or 
representative justifies his action. 
 
 (2)  The following criteria shall be taken into  account in determining whether a mark is well 
known:—   (i)   particular facts and circumstances relating to each mark ; 
 
 (ii)  any fact or circumstance from which it may be inferred that the mark is well known ; 
  (iii)  the degree of knowledge or recognition of th e mark of the relevant sector of the public ; 
  (iv)  the duration, extent and geographical area of use of the mark ; 
 
 (v)  the duration, extent and geographical area of promotion of the mark, including advertising 
or publicity and the presentation at any fair or  exhibition of the goods or services to which 
the mark applies ; 
 
 (vi)  the duration and geographical area of the re gistration or the application for registration, of 
the mark, to the extent that they re flect use or recognition of the mark ; 
  (vii)  the record of successful enforcement of ri ghts in the mark, in particular, the extent to 
which the mark has been recognized as bei ng well known, by the Competent Authority ; 
 
 (viii)  the value associated with the mark ; 
  (ix)  the criteria specified in this subsection to determine whether a mark is well known or not 
shall not be exclusive nor exhaustive ; 
 
 (x)  for the purpose of this subsection — 
    (a)  "Competent Authority" means an administrative, judicial or quasi-judicial authority 
which is competent, to determine whether a mark is well known mark or to enforce 
the protection given to a well known mark ;  IP/N/1/LKA/C/2 
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 Page 57 
 
 
   
   (b)  "relevant sector of public" includes :— 
      (i)   actual or potential consumers of the typ es of goods or services to which the 
mark applies ; 
      (ii)  persons involved in channels of di stribution of the types of goods or services 
to which the mark applies ; 
 
     (iii)  any person or a body of persons dealing with the type of goods or services to 
which the mark applies. 
  (3)  The Director-General shall, in applying the provisions of paragraphs ( a) to ( e) of 
subsection (1), have regard to the fact that the thir d parties referred to therein have consented to the 
registration of such mark. 
 
Trust not to be entered in register. 
 
105.  There shall not be entered in the register a notice of any Trust expressed, implied, or 
constructive, nor shall any such notice be receivable by the Director-General. 
 
 
CHAPTER XXI 
 
REQUIREMENTS OF APPLICATION AND PROCEDURE  
FOR REGISTRATION 
 Requirements of application.  
106.  (1)  An application for registration of a mark shall be made to the Director-General in the 
prescribed form and shall contain — 
 
 ( a)  a request for the registration of the mark ; 
  ( b)  the name, address of the applicant and, if he is resident outside Sri Lanka, a postal address 
for service in Sri Lanka ; 
 
 ( c)  five copies of a representation of the mark ; 
  ( d)  a clear and complete list of the particular goods or services in respect of which registration 
of the mark is requested, with an indica tion of the corresponding class or classes in the 
international classification, as may be prescribed. 
 
 (2)  Where the application is filed through an  agent, it shall be accompanied by a power of 
attorney granted to such agent by the applicant. 
 
Right of priority. 
 107.  An applicant for registration of a mark who wishes to avail himself of the priority of an earlier 
application filed in a Convention country shall, within six months of the date of such earlier 
application, append to his application a written d eclaration indicating the date and number of the 
earlier application, the name of the applicant and the country in which he or his predecessor in title IP/N/1/LKA/C/2 
IP/N/1/LKA/I/2 Page 58 
 
 
  filed such application and shall, within a period of three months from the date of the later application 
filed in Sri Lanka, furnish a copy of the earlier application certified as correct by the appropriate 
authority of the country where such earlier application was filed.  Temporary protection of mark exhibited at international exhibition. 
 
108.  (1)  An applicant for registration of a mark who has exhibited goods bearing the mark or 
rendered services under the mark at an official or officially recognized international exhibition and 
who applies for registration of the mark within si x months from the date on which the goods bearing 
the mark or services under the mark were first exhi bited or services respectively at such exhibition, 
shall on request, be deemed to have applied for re gistration of that mark on the date on which the 
goods bearing the mark or the services rendered unde r the mark were first exhibited or rendered at 
such exhibition.  
 (2)  Evidence of the exhibition of the goods bearing the mark or the services rendered under 
the mark shall be by a certificate issued by the appr opriate Authority of the exhibition stating the date 
on which the mark was first used at such exhib ition in connection with such goods or services. 
  (3)  The provisions of subsections (1) and (2) sh all not extend to any other period of priority 
claimed by the applicant.  Application fee.  
109.  An application for registration of a mark shall not be entertained unless the prescribed fee has 
been paid to the Director-General.  Examination of application as to form.  
110.  (1)  The Director-General shal l examine whether the applicant for registration of the mark 
satisfies the requirements specified in sections 106 and 109 and where applicable the provisions of 
sections 107 and 108. 
 
 (2)  Where the applicant fails to comply w ith the provision of sections 106 and 109, the 
Director-General shall refuse to register the mark :   Provided however the Director-General shall fi rst notify the applicant of any defect in the 
application and shall afford him an opportunity to re ctify such defect within three months from the 
date of receipt of such notification.   (3)  The date on which the applicant rectifies su ch defect shall be deemed to be the date of 
receipt of the application for registration.  
 (4)  Where the applicant fails to comply with the provisions of section 107 or 108, the 
Director-General shall not, in connection with the re gistration of the mark, make any reference to the 
priority claimed.   (5)  Where the applicant complies with the provisions of sections 107 and 108, the Director-
General shall in connection with the registration of th e mark record the priority claimed or the date of 
the certified use of the mark at an international exhibition.   (6)  Where the Director-General refuses to regi ster a mark, he shall, if so requested by the 
applicant, state in writing the grounds of his decision.  IP/N/1/LKA/C/2 
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 Page 59 
 
 
   
Registration of mark after further examination and publication of mark. 
 
111.  (1)  Where the applicant complies with the provisions of sections 106 and 109, the Director-
General shall examine the mark in relation to the provisions of sections 103 and 104. 
  (2)  Where the mark is inadmissible under sec tion 103 or 104 the Director-General shall notify 
the applicant accordingly stating in  writing the grounds on which regist ration of the mark is refused. 
 
 (3)  Where the applicant is dissatisfied with a ll or any  of the grounds stated by the Director-
General in the notification referred to in subsection (2 ) he may, within a period of one month from the 
date of such notification, make his submissions against such refusal to the Director-General, in 
writing.  
 (4)  On receipt of any submissions the Directo r-General may inform the applicant that he has 
been granted a hearing and the date , time and place of such hearing. 
  (5)  The Director-General may, after such inquiry as he thinks fit, refuse to accept the 
application for registration of the mark, or ma y accept it absolutely or subject to conditions, 
amendments or modifications, or to such limitations, if any, as to the mode or place of user or 
otherwise as he may think fit to impose.  
  (6)  In case of any refusal or conditional accepta nce of an application for registration of a 
mark, the Director-General shall, if required by the applicant within a period of three months from 
such refusal or conditional acceptance, stat e in writing the grounds of his decision. 
 
 (7)  Where the Director-General is of the opi nion that the mark is admissible under section 103 
or 104 he may request the applicant to pay th e prescribed fee within a prescribed period for 
publication of the application.   (8)  The Director-General shall refuse registra tion of the mark where the fee for publication of 
the application is not paid within the prescribed period. 
  (9)  ( a)  If the fee for publication is paid within  the prescribed period the Director-General 
shall proceed to publish the application setting out the date of application, the representation of the 
mark, the goods or services in respect of which regist ration of the mark is requested with an indication 
of the corresponding class or classes, the name and a ddress of the applicant and, if the applicant is 
resident outside Sri Lanka, a postal address for service in  Sri Lanka, the priority claimed, if any, or the 
date of certified use of the mark at an international exhibition. 
  ( b)  Notwithstanding the provisions of s ubsections (7), (8) and paragraph ( a) of this subsection 
relating to the prescribed fee and the publication, th e Director-General may, at his discretion, require 
the applicant by notice in writing to publish an application as referred to in paragraph ( a) of this 
subsection. Where the applicant fails or neglects to publish such application within a period of three 
months from the date of such notice the application may be refused.   (10)  Where any person considers that the mark  is inadmissible on one or more of the grounds 
specified in section 103 or 104 he may, within a pe riod of three months from the date of publication 
of the application, give to the Director-General  in the prescribed form, and together with the 
prescribed fee, notice of opposition to such registra tion stating his grounds of opposition accompanied 
by evidence to substantiate such grounds.  IP/N/1/LKA/C/2 
IP/N/1/LKA/I/2 Page 60 
 
 
   (11)  Where notice of opposition has not been received by the Director-General within the 
period specified in subsection (10) of this section,  the Director-General shall register the mark. 
  (12)  Where, within the period specified in subsection (10) of this section notice of grounds of 
opposition in the prescribed form is received by the Director-General, togeth er with the prescribed 
fee, he shall serve a copy of such grounds of op position on the applicant and shall request him to 
present his observations on those grounds in writing accompanied by evidence to support his application within a period of three months.  
 (13)  On receipt of the observations of the app licant the Director-General shall after hearing the 
parties, if he considers such hearing necessary, decide, as expeditiously as possible, whether such 
mark should be registered or not. If the Director-Gen eral decides that the mark  can be registered, then 
if —  
 ( a)  no appeal is preferred against his decision, upon the expiry of the period within which an 
appeal may be preferred against his decision ; 
  ( b)  an appeal is preferred against his decisi on, upon the determination of such appeal,  
 the Director-General shall accord ingly register such mark.  
 
 (14)  The Director-General may allow a reas onable extension of the prescribed period within 
which any act has to be done or any fee has to be paid under this section. 
 
Non completion of registration. 
 112.  Where, by reason of default on the part of th e applicant, the registration of a mark is not 
completed within twelve months from the date of re ceipt by the Director-General of the application, 
the Director-General shall, after giving notice of  non-completion to the applicant in writing in the 
prescribed form, treat the application as abandoned, unless it is completed within the time specified in 
that behalf in such notice. 
 
Register of marks and issue of certificate. 
 
113.  (1)  The Director-General shall keep and mainta in a register called the "Register of Marks" 
wherein shall be recorded in the order of their regi stration, all registered marks and such other matters 
relating to marks as are authorized or directed by this  Part to be so recorded or may from time to time 
be prescribed.   (2)  The registration of a mark shall include a representation of the mark and shall specify its number, the name and address of the registered owner and, if the registered owner's address is outside 
Sri Lanka, a postal address for service in Sri Lanka, the dates of application and registration ; if 
priority is validly claimed, an indication of th at fact and the number, date and country of the 
application on the basis of which the priority is clai med, if a valid certificate has been filed relating to 
the use of a mark at an international exhibition, th e contents of such certificate, the list of goods and 
services in respect of which registration of the ma rk has been granted with an indication of the 
corresponding class or classes. 
 
 (3)  Upon the registration of a mark the Direct or-General shall issue to the registered owner 
thereof a certificate of registration and shall, at  the request of the registered owner, send such 
certificate to him by registered post to his last record ed postal address in Sri Lanka , or if he is resident 
outside Sri Lanka to his last recorded postal address in Sri Lanka.  IP/N/1/LKA/C/2 
 IP/N/1/LKA/I/2 
 Page 61 
 
 
   
Publication of registered marks. 
 
114.  The Director-General shall cause to be publishe d in the Gazette, in the prescribed form, all 
registered marks in the order of their registration, including in respect of each mark so published 
reference to such particulars as may be prescribed. 
 
Examination of register and certified copies.  
115.  Any person may examine the register and may obtain certified extracts therefrom on payment 
of the prescribed fee. 
 
Associated marks.  
116.  Where application is made for the registrati on of a mark identical with or so closely 
resembling a mark of the applicant already on the re gister for the same goods or services, the same 
description of goods or services as to be likely to mi slead or cause confusion if used by a person other 
than the applicant, the Director-General may requi re as a condition of registration that such marks 
shall be entered on the register as associated marks. 
 
Assignment and user of associated marks. 
 
117.  Associated marks shall be assignable or transm issible only as a whole and not separately, but 
they shall for all other purposes be deemed to  have been registered as separate marks : 
 
 Provided that where under the provisions of this Part  user of a registered mark is required to be 
proved for any purpose, the Director-General may, in  so far as is considered necessary accept the user 
of an associated registered mark, or of the mark , with additions or alte rations not substantially 
affecting its identity, as an equivalent for such user.   
CHAPTER XXII 
 
DURATION OF REGISTRATION OF A MARK 
 Duration of registration. 
 118.  (1)  Subject and without prejudice to the other provisions of this Part, registration of a mark 
shall expire ten years after the date of registration of such mark.   (2)  A mark when registered shall be registered with reference to the date of receipt of the application for registration by the Director-General, and such date shall be deemed for the purposes of 
this Part to be the date of registration. 
 
Renewal. 
 
119.  (1)  Registration of a mark may be renewed for consecutive periods of ten years each on 
payment of the prescribed fee. 
  (2)  Renewal of registration of a mark shall not  be subject to any further examination of the 
mark by the Director-General or to opposition by any person.  IP/N/1/LKA/C/2 
IP/N/1/LKA/I/2 Page 62 
 
 
   (3)  The renewal fee shall be paid within the twelve months preceding the date of expiration of 
the period of registration :   Provided, however, that a period of grace of six months shall be allowed for the payment of the 
fee after the date of such expiration, upon payment of such surcharge as may be prescribed. 
  (4)  The Director-General shall record in the register and cause to be published in the Gazette 
in the prescribed form all renewals of registrati on specifying any removal from the lists of goods or 
services. 
 
 (5)  Where the renewal fee has not been paid  within such period or such extended period 
specified in subsection (3), the Director-Gener al shall remove the mark from the register. 
 
Alteration of registered mark. 
 120.  The registered owner of any mark may apply in the prescribed manner and with prescribed 
fee to the Director-General for leave to add to or  alter such mark in any manner not substantially 
affecting the identity of the same, and the Director -General may refuse such leave or may grant the 
same on such terms and subject to such limitations as to mode or place of use as he may think fit. If leave be granted, the mark as altered sh all be published in the prescribed manner. 
 
 
CHAPTER XXIII 
 
RIGHTS OF THE REGISTERED OWNER OF A MARK 
 
Rights of registered owner. 
 
121.  (1)  Subject and without prejudice to the other provisions of this Part, the registered owner 
of a mark shall have the following excl usive rights in relation to the mark :— 
 
(a)  to use the mark ; 
 (b)  to assign or transmit the registration of the mark ; 
 (c)  to conclude licence contracts. 
 
 (2)  Without the consent of the registered owner of the mark third parties are precluded from the following acts :—  
(a)  any use of the mark, or a sign resembling it in such a way as to be likely to mislead the 
public, for goods or services in respect of whic h the mark is register ed or for similar goods 
or services in connection with which the use of the mark or sign is likely to mislead the 
public ; and 
 (b)  any other use of the mark, or of a sign or trade name resembling it, without just cause and 
in conditions likely to be prejudicial to the in terests of the registered owner of the mark. 
 
 (3)  The application (whether by way of printing,  painting or otherwise) or the affixing in Sri 
Lanka by a third party, of a mark or any sign rese mbling such mark in such a way as to be likely to 
mislead the public, on or in connection with, goods in  respect of which such mark has been registered  IP/N/1/LKA/C/2 
 IP/N/1/LKA/I/2 
 Page 63 
 
 
  (whether such goods are intended for sale in Sri Lank a, or for export from Sri Lanka) shall be deemed 
to be an act prohibited under Subsection (2).   (4)  The court shall presume the likelihood of misleading the public in instances where a 
person uses a mark identical to the registered mark for identical goods or services in respect of which 
the mark is registered.  
Limitation of registered owner's rights. 
 122.  The registration of the mark shall not confer on its registered owner the right to preclude third 
parties –   ( a)  from using their bona fide 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 identifica tion or information and cannot mislead the 
public as to the source of the goods or services ; 
  ( b)  from using the mark in relation to goods lawf ully manufactured, imported, offered for sale, 
sold, used or stocked in Sri Lanka under th at mark, provided that such goods have not 
undergone any change. 
  
CHAPTER XXIV 
 
ASSIGNMENT AND TRANSMISSION OF APPLICATIONS AND  
REGISTRATIONS OF MARKS 
 
Assignment and transmission of applications and registrations. 
 
123.  (1)  An application for registration or the registration of a mark may be assigned or 
transmitted independently of the transfer of all or pa rt of the enterprise using the mark, in respect of 
all or part of the goods or services for which the a pplication was filed or the mark registered and such 
assignment or transmission shall be in writing signed by or on behalf of the contracting parties. 
  (2)  Such assignment or transmission shall be invalid if the purpose or effect thereof is to 
mislead the public, in particular in respect of the nature, source, manufacturing process, characteristics 
or suitability for their purpose of the goods or services to which the mark is applied. 
  (3)  Any person becoming entitled by assignment or transmission to an application for registration or the registration of a mark may apply to the Director-General in the prescribed manner to have such assignment or transmission recorded in the register. 
 
 (4)  No such assignment or transmission shall be recorded in the register unless the prescribed 
fee has been paid to the Director-General. 
  (5)  No such assignment or transmission shall have effect against third parties unless so 
recorded in the register. 
  IP/N/1/LKA/C/2 
IP/N/1/LKA/I/2 Page 64 
 
 
  CHAPTER XXV 
 
LICENCE CONTRACTS 
 
Interpretation. 
 
124.  (1)  For the purposes of this Part licence contract means any contract by which the 
registered owner of a mark (hereinafter referred to as "the licensor") grants to another person or 
enterprise (hereinafter referred to as "the licensee") a licence to use the mark for all or part of the 
goods or services in respect of which the mark is registered. 
  (2)  Use of the mark by the licensee shall be de emed to be use of the mark by the registered 
owner. 
 
Form and record of licence contract. 
 
125.  (1)  A licence contract shall be in writing signed by or on behalf of the contracting parties. 
  (2)  Upon a request in writing signed by or on behalf of the contracting parties, the Director-General shall, on payment of the prescribed fee, reco rd in the register such particulars relating to the 
contract as the parties thereto might wish to have recorded : 
  Provided that the parties shall not be required to  disclose or have recorded any other particulars 
relating to such contract. 
 
Rights of licensee. 
 
126.  In the absence of any provision to the contrary  in the licence contract, the licensee shall – 
  ( a)  be entitled to use the mark within the terr itory of Sri Lanka, during the entire period of 
registration of the mark, including renewals, in respect of all the goods or services for 
which the mark is registered ; 
  ( b)  not be entitled to assign or transmit his rights under the licence contract or grant sub-
licences to third parties. 
 Rights of licensor. 
 
127.  (1)  In the absence of any provision to the c ontrary in the licence contract, the licensor may 
grant further licences to third parties in respect  of the same mark or himself use the mark. 
  (2)  Where the licence contract provides the licen ce to be exclusive, the licensor shall not grant 
further licences to third parties in respect of the sam e mark or himself use the mark unless the contract 
otherwise provides. 
 
Nullity of licence contract and certain clauses.  
128.  (1)  A licence contract shall be null and voi d in the absence of stipulations ensuring 
effective control by the licensor of the quality of the goods or services in respect of which the mark 
may be used.   IP/N/1/LKA/C/2 
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   (2)  Any clause or condition in a licence contract  shall be null and void in so far as it imposes 
upon the licensee restrictions not derived from the rights conferred by this Part on the registered owner of the mark, or which are unnecessar y for the safeguarding of such rights : 
 
 Provided that – 
  ( a)  restrictions concerning the scope, extent, dur ation of use of the mark or the geographical 
area in or the quality or quantity of the goods or services in connection with which the mark may be used ; 
 
 ( b)  restrictions justified by the stipula tions referred to in subsection (1) ; and 
  ( c)  obligations imposed upon the licensee to abst ain from all acts capable of prejudicing the 
validity of the registration of the mark, 
 
shall not be deemed to constitute a restrictions as mentioned above.  
Cancellation of licence contracts. 
 
129.  The Court may on the application of any pers on showing a legitimate interest, or of any 
Authority including the Director-General, to whic h the registered owner of the mark and every 
assignee, licensee or sub-licensee on re cord shall be made party, annul and cancel the said contract 
if—   ( a)  the licensor has lost effective control over the quality of the goods or services in respect of 
which the mark is used ; 
  ( b)  the licensee has used the ma rk in such a way as to mislead or confuse the public. 
 
Licence contracts involving payments abroad.  
130.  (1)  Where the Director-General has reasonable cause to believe that any licence contract or 
any amendment or renewal thereof –   ( a)  which involves the payment of royalties abroad ; or 
 
 ( b)  which by reason of other circumstances relating to such licence contract, 
 is detrimental to the economic development of Sri Lanka he shall in writing communicate such fact to 
the Governor of the Central Bank and transmit all pape rs in his custody relevant to a decision on such 
matter, to the Governor of the Central Bank.  
 (2)  Where the Governor of the Centra l Bank on receipt of any communication under 
subsection (1) informs the Director-General in  writing that the said licence contract or any 
amendment or renewal thereof is detrimental to th e economic development of Sri Lanka the Director-
General shall cancel and invalidate the reco rd of such contract in the register. 
 
 (3)  The provisions of this section shall, mutatis mutandis, apply to assignments and 
transmissions.   (4)  The provisions of this Chapter shall, mutatis mutandis, apply to sub-licences. 
 IP/N/1/LKA/C/2 
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  Effect of nullity of registration on licence contract. 
 
131.  Where, before the expiration of the licence contr act, the registration is declared null and void, 
the licensee shall no longer be required to make  any payment to the licensor under the licence 
contract, and shall be entitled to repaym ent of the payments already made : 
  Provided that the licensor shall not be required to  make any repayment, or shall be required to 
make repayment only in part, to the extent that he can prove that any such repayment would be inequitable under all the circumstances, in partic ular if the licensee has effectively profited from the 
licence. 
 
Expiry, termination or invalidation of licence contract.  
132.  The Director-General shall – 
 
 ( a)  if he is satisfied that a licence contract recorded under subsection (2) of section 125 has 
expired or been terminated, record that fact  in the register upon a request made in writing 
to that effect signed by or on behalf of the parties thereto ; 
  ( b)  record in the register the expiry, termination, annulment or invalidation of a licence 
contract under any provision of this Part. 
  
CHAPTER XXVI 
 
RENUNCIATION AND NULLITY OF REGISTRATION OF A MARK 
 Renunciation of registration.  
133.  (1)  The registered owner of a mark may renounce the registration, either wholly or in 
respect of part of the goods or services for which the mark is registered, by a declaration in writing 
signed by him or on his behalf and forwarded to the Director-General. 
  (2)  The Director-General shall, on receipt of th e said declaration, record it in the register and 
cause such record to be published in the Gazette. 
 
 (3)  The renunciation shall take effect from the da te that the Director-Gen eral receives the said 
declaration.   (4)  Where a licence contract in respect of a ma rk is recorded in the register the Director-
General shall not, in the absence of provision to the contrary in such licence contract, accept or record 
the said renunciation except upon receipt of a si gned declaration by which any assignee, licensee or 
sub-licensee on record consents to the renunciation,  unless his consent is expressly waived in the 
licence contract. 
 
Nullity of registration.  
134.  (1)  The Court may on the application of any pe rson showing a legitimate interest, or of any 
competent Authority including the Director-General , to which the registered owner of the mark and 
every assignee, licensee or sub-licensee on record sha ll be made party, declare the registration of the 
mark null and void if its registration is preclude d under the provisions of sections 103 and 104 : 
  IP/N/1/LKA/C/2 
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   Provided, however, that grounds of nullity which do not exist on the date of the application to 
Court, shall not be taken into account.   (2)  Where the grounds for nullity of registration of the mark exist in respect of only part of the 
goods or services for which the mark is registered, nullit y of the registration shall be declared for that 
part only for such goods or services.   (3)  An application for a declaration of nullity based on any of the grounds specified in 
subsection (1) of section 104 shall be made within fi ve years from the date of issue of the certificate 
of registration under subsection (3) of section 113. 
 
Date and effect of nullity.  
135.  (1)  Upon a final decision of the Court declari ng total or partial nullity of registration of a 
mark, the registration shall be deemed to have b een null and void totally or partially, as the case may 
be, from the date of such registration.   (2)  When a declaration of nullity becomes fi nal the Registrar of the Court shall notify the 
Director-General of such fact and he shall record th e said declaration in the register and cause it to be 
published in the Gazette. 
 
 
CHAPTER XXVII 
 
REMOVAL OF MARK 
 
Removal of mark. 
 
136.  (1)  The Court may on the application of any pe rson showing a legitimate interest, or of any 
Competent Authority including the Director-General, to which the registered owner of the mark and 
every assignee, licensee or sub-licensee on record sha ll be made party, remove any registered mark 
from the register— 
  ( a)  if the registered owner has, without valid grounds, failed to use the mark within Sri Lanka 
or cause it to be used within Sri Lanka by vi rtue of a licence, during five consecutive years 
immediately preceding the date of the application to Court ; 
 
 ( b)  if the registered owner has caused, provoked or tolerated the transformation of the mark 
into a generic name for one or more of the goods or services in respect of which the mark 
is registered so that in trade circles and in  the eyes of the public its significance as a mark 
has been lost. 
 
 (2)  In any application under paragraph ( a) of subsection (1) the Court may take into account 
the fact that non-use of the mark was due to circum stances beyond the control of the registered owner. 
The Court shall not take into account the lack of funds of the registered owner as a ground for non-use 
of the mark.  
 (3)  The use of a mark— 
  ( a)  in a form differing, in elements which do not alter the distinctive character of the mark, 
from the form in which it was registered, sha ll not be a ground for removal of the mark ; 
 IP/N/1/LKA/C/2 
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   ( b)  in connection with one or more of the goods or services belonging to any given class in 
respect of which the mark is registered, shall suffice to prevent the removal of the mark in 
respect of all the other goods or services of the same class. 
 Date and effect of removal of mark.  
137.  Upon a final decision of the Court in respect of removing any registered mark from the 
register—  
 (1)  the Court may, taking into account the da te of the events and other circumstances which 
occasioned the removal of the mark, determine the date on which the registration of the mark shall be deemed to have ceas ed to have any legal effect ; 
  (2)  the Registrar of the Court shall communi cate the decision of the Court to the Director-
General who shall, if the Court decides that th e mark be removed, enter in the register a 
record of such removal and cause the decisi on of Court to be published in the Gazette. 
  
CHAPTER XXVIII 
 
COLLECTIVE MARKS 
 Collective marks.  
138.  (1)  Subject to the provisions of this Chapter the provisions relating to marks shall apply to 
collective marks. 
  (2)  In relation to a collectiv e mark, the reference in section 101 (signs of which a trade mark 
or service mark may consist) to distinguish goods or services of one enterprise from those of other 
enterprises shall be construed as a reference to dis tinguish goods or services of the enterprise which 
uses the collective mark from those of other enterprises. 
 
 (3)  Notwithstanding the provisions of section 10 3 a collective mark may be registered which 
consists of a sign or indication which may serve, in trade, to indicate the geographical origin of the 
goods or services :  
 Provided, however, the owner of such a mark sha ll not be entitled to prohibit the use of such sign 
or indication in accordance with honest practices in industrial or commercial ma tters and in particular, 
by a person who is entitled to use a geographical name.  
Application for registration of collective marks. 
 
139.  (1)  An application for registration of a coll ective mark shall not be entertained unless in 
such application the mark is designated as a collec tive mark and the application is accompanied by a 
copy of conditions governing the use of the mark duly certified by the applicant.   (2)  The conditions governing the use of th e mark under subsection (1) shall define the 
common characteristics or quality of the goods or services which the collective mark shall designate, 
the conditions in which, and the person by whom it ma y be used, the exercise of effective control of 
the use of the mark and proper sanctions against the use of the mark contrary to such conditions. They 
shall contain further prescribed requirements under this section.   IP/N/1/LKA/C/2 
 IP/N/1/LKA/I/2 
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   (3)  A collective mark shall not be register ed unless the conditions governing the use of the 
mark—   ( a)  comply with the provisions of subsecti on (2) and any requirement imposed by any 
regulation made thereunder ; 
  ( b)  are not contrary to public policy or accepted principles of morality. 
  (4)  ( a)  An authorised user shall, subject to a ny agreement to the contrary between him and 
registered owner of the collective mark, be entitle d to require the owner to take infringement 
proceedings in respect of any matter which affects his interests.   ( b)  If the owner— 
 
   (i)   refuses to do so ; or 
    (ii)  fails to do so within two months after being called upon to do so, 
 the authorised user may bring the proceedings in hi s own name as if he was the owner. The registered 
owner shall be made party to the action.  
 ( c)  In infringement proceedings brought by the ow ner of a registered collective mark, any loss 
suffered or likely to be suffered by any authorised user shall be taken into consideration by Court. 
  (5)  The registration of the collective mark may be removed on the following grounds in 
addition to the grounds specified in section 136 :— 
  (i)   that the manner in which the mark has b een used by the owner h as caused it to become 
liable to mislead the public to understand or think that the mark has state patronage ; 
  (ii)  that the owner has failed to observe, or to secure the observance of, the conditions 
governing use of the mark ; or 
  (iii)  that an amendment of the conditio ns has been made so that the conditions— 
    ( a)  no longer comply with subsection (2) a nd any other condition imposed by regulation 
made under this Act ; or 
    ( b)  are contrary to public policy or to the accepted principles of morality. 
  (6)  The registration of a collective mark sha ll be declared null and void in addition to the 
grounds of nullity specified in section 134 if it was registered in violation of the provisions of 
subsections (1), (2) and (3) of section 139. 
 
Registration and publication of collective marks.  
140.  (1)  Registration of a collective mark shall be in such Part of the register as the Director-
General may decide and a copy of the conditions gov erning the use of the mark shall be appended to 
the registration.   (2)  The publication of an application for a collective mark in accordance with subsection (9) 
of section 111 shall include a summary of the c onditions to be appended to the registration. IP/N/1/LKA/C/2 
IP/N/1/LKA/I/2 Page 70 
 
 
   
 (3)  When a collective mark, is registered under subsection (1) it shall be deemed in all 
respects to be a registered mark.   
 (4)  The conditions governing the use of a regi stered collective mark shall be open for public 
inspection in the same way as the register.  
Changes in condition governing the use of collective marks. 
 141.  (1)  The registered owner of a collective ma rk shall notify the Dir ector-General in the 
prescribed manner of any change or amendments eff ected in the conditions governing the use of the 
collective mark.   (2)  Any notification of such change or amen dment shall be recorded in the register on 
payment of the prescribed fee. Any such change or  amendment in the condition shall be effectual only 
if they have been recorded.   (3)  The Director-General sha ll cause a summary of such changes and amendments made in the 
conditions and recorded un der subsection (2) to be published in the Gazette. 
 
 
CHAPTER XXIX 
 
CERTIFICATION MARKS 
 
Certification marks. 
 
142.  (1)  Subject to the provisions of this Chapter, provisions relating to marks shall apply to 
certification marks.   (2)  In relation to a certification mark the refe rence in section 101 (signs  of which a trade mark 
or service mark may consist) to distinguish goods or services of one enterprise from those of another 
enterprise shall be construed as a reference to di stinguish goods or services which are certified from 
those which are not certified.   (3)  Notwithstanding the provisions of section 1 03, a certification mark which consists of a 
sign or indication which may serve in trade to designate the geographical origin of the goods and 
services may be registered :   Provided, however, the owner of such mark is  not entitled to prohibit the use of such sign or 
indication in accordance with honest practices in indust rial or commercial matters and in particular by 
a person who is entitled to use a geographical name. 
 
 (4)  An application for registration of a certification mark shall not be filed unless in the application the mark is designated as a certifica tion mark and is accompanied by a copy of the 
conditions governing the use of the ma rk duly certified by the applicant. 
 
 (5)  The conditions shall indicate the name of  the person authorised to use the mark, the 
characteristics to be certified by the mark, how th e owner is to test those characteristics and to 
supervise the use of the mark, the fe es (if any) to be paid in connec tion with the operation of the mark 
and the procedures for resolving disputes. They  may in addition contain further prescribed 
requirements under this section.  IP/N/1/LKA/C/2 
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 (6)  A certification mark shall not be registered—   ( a)  if the owner of the certification mark carries on a business involving the supply of goods 
or services of the kind certified ; and 
  ( b)  unless the conditions governing the use of the mark,— 
   (i)   comply with the provisions of subs ection (5) and any other requirement imposed by 
regulations made under that subsection ; and 
   (ii)  are not contrary to public policy or accepted principles of morality.   (7)  In infringement proceedings brought by the owner of the registered certification mark any 
loss suffered, or likely to be suffered, by any auth orised user shall be taken into account ; and the 
Court may give such directions as it thinks fit as to the extent to which the owner is to hold the proceeds of any pecuniary remedy on behalf of such users.   (8)  Apart from the grounds of removal of a mark provided for in section 136, the registration of a certification mark may be removed on the ground— 
 
 ( a)  that the owner has commenced such a business as is mentioned in paragraph ( a) of 
subsection (6) ; 
  ( b)  that the manner in which the mark has been  used by the owner h as caused it to become 
liable to mislead the public as to the ch aracter of significance of the mark ; 
  ( c)  that the owner has failed to observe, or to secure observance of, the conditions governing 
the use of the mark ; 
  ( d)  that the owner is no longer competent to certif y the goods or services for which the mark is 
registered ; 
  ( e)  that an amendment of the conditions have been made so that the conditions— 
    (i)   no longer comply with the provisions of subsection (5) and any other condition 
imposed by regulations ; 
    (ii)  are contrary to public policy a nd order or to the accepted principles of morality. 
  (9)  Apart from the grounds of nullity provided in  section 134 the registration of a certification 
mark may be declared null and void if it was register ed contrary to the provisions of subsections (3), 
(4) and (5). 
  (10)  ( a)  Registration of a certification mark shall be in such part of the register as the 
Director-General may decide, and a copy of the c onditions, governing the use of the mark, shall be 
appended to such registration. 
 
 ( b)  The publication of an application of a cer tification mark shall be in accordance with 
subsection (9) of section 111, which shall include a su mmary of the conditions to be appended to the 
registration.  IP/N/1/LKA/C/2 
IP/N/1/LKA/I/2 Page 72 
 
 
   ( c)  A certification mark registered under subsecti on (4) shall be deemed for all purposes be a 
registered mark.   ( d)  The conditions governing the use of a cer tification mark shall be open for public 
inspection in the same manner as the register. 
  (11)  ( a)  The registered owner of a certification mark shall notify the Director-General in 
prescribed manner of any changes or amendments eff ected to the conditions governing the use of the 
mark. 
 
 ( b)  Any notification of such changes and amendmen ts shall be recorded in the register on the 
payment of prescribed fee. Any change or amendment of conditions shall come into force only if they 
have been so recorded.  
 ( c)  The Director-General shall cause to be pub lished in the Gazette a summary of the changes 
or amendments so recorded in the register.   
PART VI 
 
CHAPTER XXX 
 
TRADE NAMES 
 Prohibited trade names. 
 143.  A name or designation shall not be admissible as a trade name if, by reason of its nature or the 
uses to which it may be put, it is contrary to morality or public order or is likely to offend the religious 
or racial susceptibilities of any community or is likely to mislead trade circles or the public as to the 
nature of the enterprise identified by that name. 
 
Protection of trade name. 
 
144.  (1)  Notwithstanding the provisions of any wr itten law providing for the registration of a 
trade name, such name shall be protected, even prio r to or without registration, against any unlawful 
act committed by a third party. 
 
 (2)  Any subsequent use of a trade name by a third party, whether as a trade name or as a trade 
mark, service mark, collective mark or certification ma rk or any such use of similar trade name, trade 
mark, service mark or collective mark or certification mark likely to mislead the public shall be deemed to be unlawful.  
 (3)  Section 122 of this Act shall apply to trade names. 
 
Assignment and transmission of trade names.  
145.  (1)  A trade name may be assigned or transmitted together with the assignment or 
transmission of the enterprise or part of the enterprise identified by that name. 
  (2)  The provisions of section 123 shall apply, mutatis mutandis , to trade names. 
   IP/N/1/LKA/C/2 
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  PART VII 
 
CHAPTER XXXI 
 
LAYOUT DESIGNS OF INTEGRATED CIRCUITS 
 Right to protection.  
146.  (1)  The right to protection of a layout design shall belong to the creator of layout design. 
Where several persons have jointly created a layout  design such persons shall be co-owners of the 
right to protection.   (2)  The right to protection of a layout design made or created in the performance of a contract 
of employment or in the execution of a work shall, unless the terms of such contract of employment or 
contract for the execution of such work otherwise pr ovides, belong to the employer or the person who 
commissioned the work, as the case may be.  
Originality. 
 
147.  (1)  The protection provided under this Act shall apply to any layout design which is 
original. For the purposes of this section a layout design is original if — 
  ( a)  it has not been produced by the mere reproduction of another layout design or of any 
substantial part thereof; and 
 
 ( b)  it is the result of an intellectual effort of a creator and is not common place among creators 
of layout designs and manufacturers of integrated circuits at the time of the creation of such layout design. 
  (2)  Where a layout design consists of a combin ation of elements and interconnections that are 
common place among creators of layout designs or manufacturers of integrated circuits, such layout 
designs shall be protected only if the combination,  taken as a whole, meets the conditions referred to 
in subsection (1). 
 
Scope of protection.  
148.  (1)  The protection afforded to a layout desi gn under this Part shall not be dependent on the 
integrated circuit which incorporates such layout d esign being incorporated in an article. Subject to 
the provisions of subsection (2) the right holder of a layout design shall have the exclusive right to do 
or authorize any person to do any of the following acts :—   (i)   to reproduce whether by incorporation in an integrated circuit or otherwise, the protected 
layout design in its entirety or any part thereo f, except the act of reproducing any part that 
does not comply with the requirement of origin ality referred to in subsections (1) and (2) 
of section 147. 
  (ii)  to import, offer for sale, sell or otherw ise distribute for commercial purposes, the protected 
layout design or an integrated circuit in which the protected layout design is incorporated 
or an article incorporating such an integrat ed circuit in so far as it does not contain an 
unlawfully reproduced layout design. 
 IP/N/1/LKA/C/2 
IP/N/1/LKA/I/2 Page 74 
 
 
   (2)  The scope of the protection of a layout design afforded by this Part, shall not extend to— 
   (i)   the reproduction of the protected layout design for the purpose of evaluation, analysis, 
research or non profit teaching or education ; 
 
  (ii)  the incorporation in an integrated circu it of a layout design, created on the basis of such 
analysis, evaluation or research referred to in  paragraph (i), if such layout design is 
itself original within the meaning of subsections (1) and (2) of section 147, or for the performance of any of the acts referred to in subsection (1) of this section in respect of 
such layout design ; 
   (iii)  the performance of any of the acts referre d to in paragraph (ii) of subsection (1), where 
the act is performed in respect of a prot ected layout design, or in respect of an 
integrated circuit in which such layout desi gn is incorporated, and such layout design or 
integrated circuit has been put on the market by, or with the consent of, the right holder; 
or 
   (iv)  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 of knowing at the time of acquiring the integrated circuit or the article 
incorporating such an integrated circuit, th at 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 d esign is an unlawful reproduction, then such 
person may, perform or order any act only w ith 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; or 
 
  (v)  protection under this Part shall not be  available for any layout design which has been 
commercially exploited in or outside Sri La nka for more than two years prior to the 
commencement of this Act. 
 
Commencement and duration of protection. 
 
149.  (1)  Protection of a layout design under this Act shall commence— 
  (i)   on the date of the first commercial exploita tion in or outside Sri La nka of the layout design 
by, or with the consent of the right holder, provided an application for protection is filed 
by the right holder with the Di rector-General within the time specified in subsection (2) of 
section 150 ; or 
  (ii)  on the filing date accorded to the applica tion for the registration of the layout design filed 
by the right holder, if the layout design has not been previously exploited commercially in 
or out side Sri Lanka. 
  (2)  Protection of a layout design under this Part  shall terminate at the end of the tenth calendar 
year from the date of commencement of such protection. 
  IP/N/1/LKA/C/2 
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  Requirements of the Application. 
 
150.  (1)  The application for the registration of a layout design shall be in the prescribed form, 
and shall be accompanied by the prescribed fee and sh all be filed in the Office. A separate application 
shall be filed in respect of each different layout design. 
  (2)  Any person may apply for registration of a layout design if such layout design has not been commercially exploited, or if exploited, in or outsi de Sri Lanka the application for registration shall be 
made before the expiry of a period of two years from the date of such exploitation. 
 
 (3)  The application shall—   ( a)  contain a request for the registration of the layout design in the Register of Layout Designs 
and a brief and precise description thereof ; 
 
 ( b)  specify the name, address, nationality of the a pplicant, and if he is resident outside Sri 
Lanka a postal address for service in Sri Lanka ; 
  ( c)  be accompanied by a copy of a drawing of the layout design along with information 
defining the electronic function which the inte grated circuit is intended to perform ; 
however, the application may omit such parts in  the copy or drawing that relate to the 
manner or manufacture of the integrated circ uit, provided that the parts submitted are 
sufficient to allow the identifi cation of the layout design ; 
  ( d)  specify whether the layout design is exploite d in or outside Sri Lanka and the date of its 
first commercial exploitation, if any ; 
  ( e)  provide particulars establishing the right to protection under section 146 ; 
  ( f)   be accompanied by a declaration as to the originality of the layout design ; 
 
 ( g)  be accompanied by a power of attorney gran ted to the agent by th e applicant, where the 
application is made through an agent. 
  (4)  ( a) Where the applicant fails to comply with the requirements specified in subsection (3) 
of this section the Director-General shall, notify th e applicant of the same and require him to correct 
the defect made in the application within a period of  two months from the date of such notification.  
  ( b)  Where the applicant complies with such  requirements specified in paragraph ( a) of this 
subsection, the Director-General shall accord the date of filing as the date of receipt of the 
application :  
 Provided however, such application should c ontain written statement of the need for the 
registration of the layout design, and informati on whereby the identity of the applicant can be 
established and shall be accompanied by a copy of the drawings of the layout design.   ( c)  Where the applicant fails to submit drawi ngs of a layout design with the original 
application, but corrects the application for the registration of the layout design within the period 
specified in paragraph ( a), the date of receipt of the corrections shall be deemed to be the date of 
filing of the application. The Director-General shall by a written communication confirm the filing 
date of the application to the applicant.  IP/N/1/LKA/C/2 
IP/N/1/LKA/I/2 Page 76 
 
 
   ( d)  Where the applicant fails, after notificati on by the Director-General, to correct the 
application within the period specified in paragraph ( a), such application shall be deemed not to have 
been filed.  Registration of layout design in the Register. 
 
151.  (1)  The Director-General shall maintain a Regi ster of Layout Designs and he shall register 
or cause to be registered of each protected layout  design, in respect of which applications for 
registration have been accepted. 
 
 (2)  Where any application conforms to the re quirements of section 150, the Director-General 
shall register the layout design in the Register of Layout Designs without examination of the originality of the layout design, the applicant's right to protection or the correctness of the facts stated 
in the application. 
 
 (3)  The Register of Layout Designs shall contain the number, title, filing date and where indicated in the application under section 150 the date  of first commercial exploitation in or outside 
Sri Lanka of the layout design as well as the name a nd address of the right holder, details relating to 
assignment, transfer, license contract and other prescribed particulars.   
 (4)  Any person may refer the Register of Layout Designs and obtain extracts therefrom, 
subject to the payment of the prescribed fee.   (5)  Every registration of a layout d esign shall be published in the Gazette. 
 
Right to transfer and rectification of the Register. 
 
152.  (1)  Where the essential elements of a layout design has been taken from a layout design of 
another person without his consent in writing, th e second mentioned person may, in writing together 
with all relevant material necessary to substantia te his claim and the prescribed fee, request the 
Director-General to transfer the application to him.  Where the application has already been registered 
the second mentioned person may, within one year fro m the date of publication of such registration 
write to the Director-General together with all re levant material necessary to substantiate his claim 
and the prescribed fee, requesting the Director-Gener al to transfer the registration to him and to 
rectify the entry in the register accordingly.  
 (2)  The Director-General sh all forthwith send a copy of such  request to the applicant or 
registered right holder, as the case may be, requiring him to furnish him with a counter claim within a 
period of two months from the date of such notice in the prescribed ma nner together with any material 
if any in his possession to prove his ownership of the layout design in question and the prescribed fee. The applicant or the registered right holder may send the Director-General a counter claim. 
 
 (3)  Where the registered right holder or the applicant fails to provide any information as 
required under subsection (2) of this section, within  the period specified, the Director-General shall 
allow the request of the second mentioned person and rectify the entry in the register.   (4)  If the applicant or the right holder sends a counterclaim, as provided in subsection (2), the 
Director-General shall after hearing both parties a nd taking into consideration the merits of the case, 
shall make his determination and notif y the parties of his determination. 
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   (5)  Where after the filing of the application the person to whom the right to protection 
belongs, gives his consent to the filing of that appl ication, such consent shall, for all purposes, be 
deemed to be effective from the date  of filing of such application. 
 
Changes in the ownership and contractual licenses. 
 
153.  (1)  A protected layout design may be assi gned or transmitted and such assignment or 
transmission shall be in writing, signed by or on behalf of the contracting parties. 
 
 (2)  Upon a request in writing signed by or on be half of the assignor or transferor of the layout 
design the Director-General shall on payment of th e prescribed fee, record in the register such 
particulars of change of ownershi p and publish such change. Such cha nge shall have no effect against 
third parties until such recording is made.  
 (3)  The right holder of layout design may grant a licence to another person or enterprise 
authorizing it to do any or all of the acts referred  to in subsection (1) of section 148. Such license 
contract shall be in writing and signed by or on behalf  of the contracting parties. Such license contract 
shall upon registration of the layout design be su bmitted to the Director-General together with 
prescribed fee, who shall record or cause to be reco rded the existence of such  license contract in the 
register. A license contract shall have no effect  against third parties until it is so recorded. 
 Cancellation of a Registration of a layout design.  
154.  (1)  Any person interested in a layout design registered under section 151, or an appropriate 
Authority including the Director-General may file an  application in the Court, for the cancellation of 
such registration on the following grounds :— 
  ( a)  that the layout design is not protected under sections 147 ; 
  ( b)  that the right holder is not entitled to protection under section 146; or 
 
 ( c)  that the layout design has been commercially exploited in or out side Sri Lanka, before the 
filing of the application for registration of the layout design, and the application was not filed within the time limit specified in sub section (2) of section 148 and subsection (2) of 
section 150. 
 
 (2)  On the establishment of grounds for cancellation of a part of a layout design, the 
registration applicable to such corresponding part only of the layout design, shall be cancelled. 
  (3)  The Court may on an application made to  it in writing by an interested party or any 
appropriate Authority including the Director-General , and where the registered owner of the layout 
design and every assignee, licensee or sub-licensee on reco rd shall be made party, make order for the 
cancellation or partial cancella tion of such registration. 
  (4)  Any cancellation of a registration of layout d esign or part thereof, shall have the effect of 
making null and void the registration of a layout design or part thereof as the case may be, and as such 
it shall be effective from the date of commencem ent of the protection of such layout design. 
 
 (5)  The Court shall notify the Director-General  of its decision and the Director-General shall 
record such decision and publish a no tice to that effect, in the Gazette. 
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  Representation by an Agent. 
 
155.  Where the ordinary residence, or principal,  of the applicatant place of business, of the 
applicant is outside Sri Lanka, he shall be represente d by an agent registered under section 175 of the 
Act. 
 
Infringement. 
 
156.  (1)  Infringement shall consist of the perfo rmance of any act in contravention of the 
provisions of section 148. 
  (2)  The Court may grant an injunction, award damages or grant any other proper remedy —   ( a)  to a right holder to prevent an infringemen t or imminent infringement if he makes an 
application having reason to believe that a layout design has been made infringing the 
rights protected under section 148 of the Act ; or 
  ( b)  to a licensee, where the licensee makes an app lication to court, in the event of the right 
holder failing or neglecting to make an appli cation to Court on his being made aware of 
such infringement by the licensee. 
 
 (3)  The provisions of Chapter XXXV of this Act shall apply in respect of an infringement and 
the remedies available to a right holder or a licensee.   (4)  Any action under subsection (2) may be initia ted only after an application for registration 
of the layout design being filed with the Director-General. 
 
Offences.  
157.  Any person who, knowingly or intentionally cont ravenes the provisions of section 148, shall 
be guilty of an offence, and shall on conviction after trial before a Magistrate be liable to a fine not 
exceeding rupees five hundred thousand or to imprisonment of either description for a term not 
exceeding six months or to both such fine and impr isonment and in the case of a second or subsequent 
conviction such fine or term of  imprisonment or both such fine  and imprisonment may be doubled. 
The Court may in addition order the seizure, forfeiture and destruction of the layout design, integrated 
circuits, articles or any material or implement, whic h have been used for or in the commission of the 
offence. 
 
Application of certain provisions of the Act.  
158.  The provisions of sections 125A and 125B of the Customs Ordinance and sections 163 to 
174, 177, 180, 187, 191, 195 to 204 of the Act shall apply to and in relation to the layout designs of 
integrated circuits. 
 
Interpretation. 
 
159.  In this Part unless the context otherwise requires— 
 
"integrated circuit" means a product, in its fina l form or an intermediate form, in which the 
elements, at least one of which is an active el ement, and some or all of the interconnections 
are integrally formed in or on a piece of ma terial and which is intended to perform an 
electronic function ;  IP/N/1/LKA/C/2 
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 "layout design" is synonymous with "topography " and means the three dimensional disposition, 
  however expressed, of the elements, at least one of which is an active element, and of some or   all of the interconnections of an integrated circuit, or such a three-dimensional disposition 
  prepared for an integrated ci rcuit intended for manufacture ;  
  "right holder" means the natural person who, or the legal entity which, is to be regarded as the 
  beneficiary of the protection referred to in section 146.  
 
PART VIII 
 
CHAPTER XXXII 
 
UNFAIR COMPETITION AND UNDISCLOSED INFORMATION 
 Unfair competition and undisclosed information.  
160.  (1)  ( a) Any act or practice carried out or enga ged in, in the course of industrial or 
commercial activities, that is contrary to honest prac tices shall constitute an act of unfair competition. 
 
 ( b)  The provisions of this section shall apply independently of, and in addition to, other 
provisions of the Act protecting i nventions, industrial designs, marks,  trade names, literary, scientific 
and artistic works and other intellectual property.  
 (2)  ( a)  Any act or practice carried out or engaged in, in the course of industrial or 
commercial activities, that causes, or is likely to cau se, confusion with respect to another's enterprise 
or its activities, in particular, the products or services offered by such enterprise, shall constitute an act 
of unfair competition.   ( b)  Confusion may, in particular, be caused with respect to — 
 
  (i)   a mark, whether registered or not ;    (ii)  a trade name ;  
  (iii)  a business identifier other than a mark or trade name ; 
   (iv)  the appearance of a product ;    (v)  the presentation of products or services ;  
  (vi)  celebrity or a well known fictional character. 
  (3)  ( a)  Any act or practice carried out or engaged in, in the course of industrial or 
commercial activities, that damages, or is likely to damage, the goodwill or reputation of another's 
enterprise shall constitute an act of unfair compe tition, whether or not such act or practice actually 
causes confusion. 
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   ( b)  Damaging another's goodwill or reputation may,  in particular, result from the dilution of 
the goodwill or reputation attached to—    (i)   a mark, whether registered or not ; 
 
  (ii)  a trade name ;    (iii)  a business identifier other than a mark or a trade name ;  
  (iv)  the appearance of product ; 
   (v)  the presentation of products or services;    (vi)  celebrity or a well-known fictional character. 
 
 ( c)  For the purposes of these provisions, "dilu tion of goodw ill or reputation" means the 
lessening of the distinctive character or advertisi ng value of a mark, trade name or other business 
identifier, the appearance of a produc t or the presentations of products or services or of a celebrity or 
well known fictional character.  
 (4)  ( a)  Any act or practice carried out or engaged in, in the course of any industrial or 
commercial activity, that misleads, or is likely to mislead, the public with respect to an enterprise or 
its activities, in particular, the products or services offe red by such enterprise, shall constitute an act of 
unfair competition.  
 ( b)  Misleading may arise out of advertising or promotion and may, in particular occur with 
respect to —    (i)   the manufacturing process of a product ;    (ii)  the suitability of a product or service for a particular purpose ; 
 
  (iii)  the quality or quantity or other characteristics of products or services ;    (iv)  the geographical indication of products or services ;  
  (v)  the conditions on which products or services are offered or provided ; 
   (vi)  the price of products or services or the manner in which it is calculated.   (5)  ( a)  any false or unjustifiable allegation, in  the course of industrial or commercial 
activities, that discredits, or is likely to discredit, an enterprise of another person or the activities of 
such enterprise, in particular, the products or servi ces offered by such enterp rise, shall constitute an 
act of unfair competition.   ( b)  Discrediting may arise out of advertising or promotion and may, in particular, occur with 
respect to— 
 
  (i)   the manufacturing process of a product ;    (ii)  the suitability of a product or service for a particular purpose ;   IP/N/1/LKA/C/2 
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    (iii)  the quality or quantity or other characteristics of products or services ; 
   (iv)  the conditions on which products or services are offered or provided ;  
  (v)  the price of products or services or the manner in which it is calculated. 
  (6)  ( a)  Any act or practice, in the course of i ndustrial 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 (in th is section referred to as "the rightful holder") and 
in a manner contrary to honest commercial practi ces shall constitute an act of unfair competition. 
  ( b)  Disclosure, acquisition or use of undisclosed information by others without the consent of 
the rightful holder may, in particular, result from—  
  (i)   industrial or commercial espionage ; 
   (ii)  breach of contract ;    (iii)  breach of confidence ;  
  (iv)  inducement to commit any of the acts referred to in sub-paragraphs (i) to (iii) ; 
   (v)  acquisition of undisclosed information by a third party who knew or was grossly 
negligent in failing to know, that an act refe rred to in sub-paragraphs (i) to (iv) was 
involved in the acquisition. 
 
 ( c)  For the purposes of this Act, information sh all 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 accessibl e 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. 
  ( d)  Any act or practice, in the course of industri al or commercial activities, shall be considered 
an act of unfair competition if it consists of 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 appropriate authority for the 
purposes of obtaining approval of the marke ting of pharmaceutical or agricultural or 
chemical products which utilize new chemical entities ; or 
   (ii)  the disclosure of such data, except wher e necessary to protect the public, or unless steps 
have been taken to ensure that the data is protected against unfair commercial use. 
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   ( e)  The undisclosed information for the purpose of this Act shall include—  
   (i)   technical information related to the ma nufacture 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.  
 In this section the word "enterprise" has th e same meaning as in section 101 of the Act. 
 
 (7)  Any person or enterprise or association of producers, manufacturers or traders aggrieved by any act or practice referred to in this Part, may institute proceedings in Court to prohibit the 
continuance of such act or practice and obtain damag es for losses suffered as a result of such act or 
practice. The provisions of Chapter XXXV of this Act relating to infringement shall apply, mutatis 
mutandis , to such proceeding. 
  (8)  ( a)  Any person, who wilfully and without lawful authority, discloses any undisclosed 
information shall be guilty of an offence under this  Act and shall on convictio n after trial before a 
Magistrate be liable to a fine not exceeding five hundred thousand rupees or to imprisonment for a 
term not exceeding six months or to both such fine and imprisonment. 
 
 ( b)  The provisions of Chapter XXXVIII of the Act shall apply, mutatis mutandis, to the 
offence specified under this subsection.   (9)  The rights conferred by the provisions of s ubsection (6) shall be in addition to, and not in 
derogation of, any common law rights. 
  
PART IX 
 
CHAPTER XXXIII 
 
GEOGRAPHICAL INDICATIONS 
 
Protection of geographical indications. 
 
161.  (1)  Any interested party shall be entitled to prevent— 
   (i)   the use of any means in the designation or presentation of goods that indicates or 
suggests that the goods including an agricultural product, food, wine or spirit in question originates in a geographical area other than the true place of origin in a manner which misleads the public as to th e geographical origin of goods ; or  
 
  (ii)  any use of a geographical indication which constitutes an act of unfair competition 
within the meaning of section 160 ; 
   (iii)  the use of a geographical indication identifying goods including an agricultural product, 
food, wine or sprit not originating in the place indicated by the geographical indication 
in question or identifying goods not originating in the place indicated by the geographical indication in question, even where the true origin of the goods is indicated 
or the geographical indication is used in translation or accompanied by expression such as kind, type, style or imitation or the like.  IP/N/1/LKA/C/2 
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 (2)  The protection accorded to geographical indications under sections  103, 160 and 161 shall 
be applicable against a geographical indication whic h, although literally true as to the territory, region 
or locality in which the goods originate, falsely re presents to the public that the goods originate in 
another territory. 
  (3)  In the case of homonymous geographical indications for goods including an agricultural product, food, wine or spirit, protection shall be a ccorded to each indication, subject to the provisions 
of subsection (2) of this section. The Minister, in case of permitted concurrent use of such indications, 
shall determine by prescribed practical cond itions under which the homonymous indications in 
question will be differentiated from each other, taking  into consideration the n eed to ensure equitable 
treatment of the producers concerned and the protection of consumers from false or deceptive indications.  
 (4)  The Court shall have power and jurisdic tion to grant an injunction and any other relief 
deemed appropriate to prevent any such use as is referred to in this section. The provisions of 
Chapter XXXV of the Act shall, mutatis mutandis , apply to such proceedings. 
  (5)  For the purposes of this section "geographi cal indications" shall have the same meaning as 
in section 101. 
 
 
PART X 
 
CHAPTER XXXIV 
 
CONSTITUTION AND POWERS OF ADVISORY COMMISSION 
 Appointments &c. of Advisory Commission.  
162.  (1)  The Minister may constitute an Advisory  Commission (hereinafter referred to as the 
"Commission") for the purpose of advising him on an y matter referred to him in relation to the law 
relating to Copyright, Industrial Designs, Marks, Patents and Unfair Competition and any other area 
or subject of Intellectual Property.   (2)  The Commission constituted unde r subsection (1) shall consist of— 
 
  ( a)  not less than five and not more than ten members appointed by the Minister from 
among persons who have shown capacity in  law or commerce or related fields, 
(hereinafter referred to as an " appointed member") ; and  
   ( b)  the Director-General who shall be an ex-officio member and who shall function as the 
Secretary to the Commission. 
  (3)  ( a)  Subject to the provisions of subsection (4), the term of office of an appointed 
member of the Commission shall be three years :  
 Provided that a member appointed in place of a member who resigns or is  removed or otherwise 
vacates office, shall hold office for the unexpired porti on of the part of term of office of the member 
whom he succeeds ;  IP/N/1/LKA/C/2 
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   ( b)  An appointed member of the Commission who vacates office by effluxion of time shall be 
eligible for re-appointment.   (4)  ( a)  An appointed member of the Commission may resign from office by letter to that 
effect addressed to the Minister and such resignation shall take effect on such resignation being 
accepted by the Minister in writing.   ( b)  The Minister may at any time remove an  appointed member from office, assigning any 
reason therefor. 
 
 ( c)  Where an appointed member is temporarily un able to discharge the duties of his office on 
account of illness, absence from Sri Lanka or any other cause, the Minister may appoint another 
person to act as a member in his place.  
 (5)  ( a)  The Minister shall appoint a Chairman of the Commission (in this Part referred to as 
the "Chairman") from among the appointed members of the Commission.   ( b)  If the Chairman is by reason of illness,  other infirmity or absence from Sri Lanka, 
temporarily unable to perform the duties of his o ffice, the Minister may appoint another appointed 
member to act in his place. 
 
 ( c)  The Minister may at any time remove the Chairman from office, assigning any reason 
therefor.   ( d)  The Chairman may resign from the office of Ch airman by a letter to that effect addressed 
to the Minister in writing and such resignation sha ll take effect on such resignation being accepted by 
the Minister.   ( e)  Subject to the provisions of paragraphs ( c) and ( d), the term of office of the Chairman shall 
be his period of membership of the Commission. 
 
 (6)  There may be appointed such officers and servants as may be necessary to assist the 
Commission in performing its duties under this Part.   (7)  The members of the Commission may be paid such remuneration out of the Fund as may be determined by the Minister in consultation with the Minister in charge of the subject of Finance. 
 
 (8)  It shall be the duty of the Commission –   ( a)  to inquire into and report to the Minister, on any matter or question relating to the law of 
Copyright, Industrial Designs, Trade Marks, Pa tents and Unfair Competition or any other 
matter relating to Intellectual Property as may be referred to it by the Minister from time to 
time ; 
  ( b)  to review the law relating to, and appli cable to, Copyright, Industrial Designs, Trade 
Marks, Patents and Unfair Competition or any other matter relating to intellectual property 
from time to time and to make proposals to the Minister for the alteration, modification or 
addition to such law ; 
  ( c)  in making the report or proposals referred to in paragraph ( a) or ( b), to consult and take 
into consideration where the Commission deem s it necessary to do so, the views of trade  IP/N/1/LKA/C/2 
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  chambers, professional organizations, related in stitutions, government departments and the 
general public.  
  (9)  The Minister may give special or general directions in writing to the Commission, as to the 
performance of its duties and the exercise of the power s, and the Commission shall give effect to such 
directions.   
PART XI 
 
CHAPTER XXXV 
 
APPLICATIONS TO AND PROCEEDINGS BEFORE, THE  
DIRECTOR-GENERAL AND COURT 
 
Correction and rectification of register.  
163.  (1)  The Director-General may, on applicati on made in the prescribed manner by or on 
behalf of the registered owner of an industrial d esign, patent, trade mark or any other registration 
provided for under the Act, correct any error or make any change— 
 
  ( a)  in the name, address or description of the registered owner of any Industrial Design, 
Patent or Mark or any other regi stration provided for under the Act ; 
   ( b)  concerning any other particulars relating to  the registration of an Industrial Design, 
Patent or Mark or any other registration as may be prescribed. 
  (2)  Subject and without prejudice to other provisions of the Act—    ( a)  the Court may on the application of an y person aggrieved by the non-insertion in or 
omission from any register, of any entry, or by any entry made in any register without 
sufficient cause, or by any entry wrongly rema ining on any register, or by any error or 
defect in any entry in any register, make such order for making, expunging, or varying such entry, as it may think fit ; 
   ( b)  the Court may in any proceeding under this  section decide any question that may be 
necessary or expedient to decide in connecti on with the rectification of any register ; 
   ( c)  in case of fraud in the registration, assignment or transmission of any registered 
Industrial Design, Patent or Mark, or any other registration provided for under the Act, 
the Director-General himself may apply to the Court under the provisions of this section. 
 
 (3)  In any proceedings under this Act in wh ich the relief sought includes correction, alteration 
or rectification of any register, the Director-General  shall have the right to appear and be heard, and 
shall appear if so directed by the Court. Unless ot herwise directed by the Court, the Director-General 
in lieu of appearing and being heard may submit to  the Court a statement in writing signed by him, 
giving particulars of the proceedings before him in relation to the matter in issue or of the grounds of 
any decision given by him affecting the same or of the practice of the office in like cases, or of such 
other matters relevant to the issue, and within his knowledge as such Director-General shall think fit, 
and such statement shall be deemed to form  part of the evidence in the proceedings. 
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   (4)  The Court, in dealing with any question of the correction, alteration or rectification of any 
register shall have power to review any decision of the Director-General relating to the entry in 
question or the correction, alteration or rectification sought to be made. 
 
Power to make copies of damaged volumes of an y register, to prepare and insert reconstructed 
folios.  
164.  (1)  Where the Director-G eneral is satisfied that any volume of any register kept under this 
Act has been so damaged as to render that volume incapable of being mended, he may cause a copy 
thereof to be made and authenticated  in such manner as he may direct. 
  (2)  Any copy made and authenticated under the provisions of subsection (1) shall replace the volume of which it is a copy, and shall for all purp oses be deemed to have the same legal force and 
effect as the volume which such copy replaces. 
 
 (3)  The Director-General shall cause every damaged volume of which a copy has been made 
under the provisions of subsection (1) to be preser ved as long as it is reasonably practicable for any 
reference which may be necessary.   (4)  Where the Director-General, after due inv estigation, is satisfied that any folio of any 
volume of any register has been lost and cannot be recovered or that any such folio has been 
permanently mutilated or so obliterate d or damaged as to render the entries or any material part of the 
entries therein illegible, he may cause a reconstructed folio to be prepared.   (5)  No folio shall be reconstructed as provide d in subsection (4) except in accordance with the 
prescribed procedure, providing— 
   ( a)  for evidence to be admitted and used by  the Director-General in ascertaining the 
particulars originally contained in th e lost or mutilated or damaged folio ; 
   ( b)  for the giving of notice by the Director-General of the preparation of the reconstructed 
folio ; 
   ( c)  for the lodging of objections by any person affected by any of the particulars contained 
in the folio to be reconstructed ; and 
 
  ( d)  for the holding of an inquiry by the Director-General into any such objections. 
  (6)  Where any folio has been reconstructed by the Director-General  in accordance with the 
preceding provisions of this section, the Director-Gen eral shall authenticate the reconstructed folio in 
the prescribed manner and shall thereafter cause the reconstructed folio to be inserted in the 
appropriate volume of the register in the place former ly occupied by the lost folio or in place of the 
mutilated or damaged folio, or in a copy of a volum e prepared under the provisions of this section, as 
the case may be, and the reconstructed folio, when so  authenticated and inserted, shall for all purposes 
be deemed to have the same legal force and effect  as the folio which such reconstructed folio replaces. 
 
 (7)  The Director-General ma y, after such inquiry as he may deem necessary, correct any 
clerical error or omission which may be discovered in  any entry in any register or in any certificate 
kept or issued under the provisions of this Act a nd for that purpose may recall any such certificate and 
amend the same or issue a fresh certificate in its place.  
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  Certificate of Director-General to be evidence. 
 
165.  A certificate purporting to be under the hand of the Director-General as to any entry, matter, 
or thing which he is authorized by this Act or re gulations made thereunder to  make or do, shall be, 
prima facie, evidence of the entry having been made, and of  the contents thereof, and of the matter or 
thing having been done or not done. 
 
Certified copies to be evidence.  
166.  Printed, mechanically produced, typed or writte n copies or extracts, certified by the Director-
General, of or from any document, register, or othe r book filed or kept under this Act in the office 
shall be admitted in evidence in any Court of Sr i Lanka, without further proof or production of the 
originals. 
 
Mode of giving evidence. 
 
167.  (1)  In any proceeding under this Act before the Court, the evidence shall be given by 
affidavit in the absence of directions to the cont rary. However in any case in which the Court shall 
think it right so to do, the Court may take evidence, viva voce, in lieu of or in addition to evidence by 
affidavit. 
 
 (2)  The provisions of subsection (1) shall, mutatis mutandis, apply in respect of the giving of 
evidence at an inquiry befo re the Director-General. 
  (3)  In case any part of the evidence is taken viva voce , the Director-General may exercise the 
powers conferred on a Commission appointed under the provisions of the Commissions of Inquiry 
Act for compelling the attendance of witn esses and the production of documents and for 
administering oaths to all persons w ho shall be examined before him. 
 
Exercise of discretionary power by Director–General. 
 
168.  Where any discretionary or other power is given to the Director-General by this Act or any 
regulation made thereunder, he shall not exercise that  power adversely in respect of the applicant for 
registration or the registered owner of an Industr ial Design, Patent or Mark or any other matter 
provided under this Act without (if duly required so  to do within the prescribed time) giving such 
applicant or registered owner an opportunity of being heard.  Director-General may seek assistance of Attorney-General.  
169.  The Director-General may, in any case of doubt or  difficulty arising in the administration of 
any of the provisions of this Act, se ek the assistance of the Attorney-General. 
 
Infringement and the remedies. 
 
170.  (1)  Where a person to whom any recognised rights granted under this Act, proves to the 
astisfaction of the Court that any person is threatening to infringe or has infringed his rights or is performing acts which makes it likely to infringe a right under this Act, will occur, the Court may 
grant an injunction restraining any such person fro m commencing or continuing such infringement or 
performing such acts and may order damages and such other relief as the Court may deem just and equitable. The injunction may be granted along with an award of damages and shall not be denied only for the reason that the applicant is entitled to damages.  IP/N/1/LKA/C/2 
IP/N/1/LKA/I/2 Page 88 
 
 
   (2)  The defendant may in the proceedings refe rred to in subsection (1) request the Court to 
declare the registration of an Industrial Design, Pa tent, Mark or any other registration provided for 
under the Act, as the case may be, or any part of it,  null and void, in which event the provisions of the 
section relating to the nullity of such registration shall apply as appropriate. 
 
 (3)  ( a)  The court shall have the power to order— 
     (i)   the infringer to pay the right holde r such damages as are adequate to compensate 
him for the loss suffered by him, by reason of such infringement, in addition to 
the recovery of any profits ; 
     (ii)  the infringing goods to be disposed of outside the channels of commerce or to be 
destroyed without the payment of any compensation ; and 
 
    (iii)  subject to the protection of confidential information, the tendering of any 
evidence by the opposing party which eviden ce is relevant to the substantiation 
of the claim and is in the control of the opposing party, in cases where a party has presented reasonably available evidence in support of the claim and has specified that evidence relevant to the substantiation of such claim lies in the 
control of the opposing party. 
 
 ( b)  The court may make any order specified in subsection (1) in respect of materials and 
implements used in the creation of the infringing goods.    (4)  In making such orders the need for main taining a balance between the seriousness of the 
infringement and the remedies ordered, as well as the interests of third parties shall be taken into 
consideration. In regard to counterfeit trade mark goods, the simple removal of the trade mark 
unlawfully affixed shall not other than in exceptiona l cases, be sufficient, to permit the release of the 
goods into the channels of commerce.   (5) The Court may, other than in an instance where it would not be in proportion to the 
seriousness of the infringement, 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 of channels 
of distribution used by them.   (6)  The Court shall have power to orde r interim measures relating to protection, ex-parte , 
where appropriate, in particular where any delay is likely to cause irreparable harm to the right holder 
or where there is a demonstrable risk of evidence being destroyed.   (7)  Where interim measures have been ordered ex-parte the parties affected shall be given 
notice and shall on receipt of such notice be entitled to be heard as to whether the interim measures 
ordered should be modified or revoked. 
 
 (8)  Where the interim measures are modified or revoked or it is subseque ntly found that there 
has been no infringement of a protected right, the C ourt shall have the power to order the applicant, 
upon the request of the defendant to pay a ppropriate compensation for any injury caused. 
 
 (9)  The Court may require the applicant to provide security or other equivalent assurance 
sufficient to protect the defendant and to prevent abuse of any interim measures referred to in the 
preceding provisions of this section.   IP/N/1/LKA/C/2 
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   (10)  Any owner of the rights protected under this Act may, notwithstanding any provision in 
the Act relating to the award of damages, elect at an y time before final judgment to recover, instead of 
proved actual damages, an award of statutory damage s for any infringement involved in the action of 
a sum not less than rupees fifty thousand and not more than rupees one million as the court may 
consider appropriate and just. 
  (11)  No suit or prosecution shall lie against an y official for any act which is done in good faith 
and in pursuance of any provisions of this Act. 
 
Infringement proceedings by or at the request of licensee. 
 
171.  In the absence of any provision to the contrary  in a licence contract relating to an Industrial 
Design, Patent or Mark or any other matter provided for by the Act, the licensee may—  
 ( a)  in respect of the threatened infringement,  infringement or acts referred to in section 170 
request the registered owner of the Industrial Design, Patent or Mark or any other matter 
provided for by the Act, to apply for an injunction : 
     Provided that the licensee shall indicat e the threatened infringement, infringement or 
acts being performed in relation to such in fringement and specify the relief sought under 
the Act ; and 
  ( b)  if the owner of the said Industrial Design, Pa tent or Mark or any other matter provided for 
by this Act refuses or fails to apply for an injunction within three months from the receipt 
of the said request, apply for an injunction in his own name, with notice to the registered 
owner who may join in the proceedings :  
     Provided that the Court may, on the app lication of the licensee, prior to the expiry of 
the period of three months, specified in paragraph ( b) of this section grant an injunction if 
he proves that immediate action is n ecessary to avoid substantial damage. 
 Declaration of non-infringement. 
 
172.  (1)  The Court may on the application of any person showing a legitimate interest to which 
the registered owner of the Industrial Design, Patent  or Mark, or any other matter provided for under 
the Act as the case may be, shall be made party,  declare that the threatened performance or 
performance of a specific act does not constitute a thr eatened infringement or infringement of the said 
Industrial Design, Patent or Mark or an y other matter provided for under the Act. 
  (2)  The registered owner of the industrial d esign, patent or Mark or any other register 
provided for under the Act, as the case may be, shall give notice of the said application to any assignee or licensee, who shall be entitled to join in th e proceedings in the absence of any provision to 
the contrary in any agreement with the registered owner. 
  (3)  The proceedings for a declaration of non-in fringement may be instituted concurrently with 
proceedings to declare the registration of an Indus trial Design, Patent or Mark or any other matter 
provided for by the Act be null and void : 
 
 Provided that the matters in issue in the proceedings for a declaration of non-infringement are not already the subject of infringement proceedings.  IP/N/1/LKA/C/2 
IP/N/1/LKA/I/2 Page 90 
 
 
   (4)  The provisions of the Judicature Act, No. 2 of 1978, and the Civil Procedure Code shall 
apply to every application for an injunc tion made to the Court under this Act. 
 
Appeals. 
 173.  (1)  Any person aggrieved by any decision made by the Director-General under any 
provision of the Act may appeal therefrom to the Court within a period of six months from the date of such decision.  
 (2)  Such person may prefer an appeal to th e Court by way of a petition of appeal with a 
certified copy of the decision appealed form, acco mpanied by copies of all relevant documents and 
affidavits from the file of the Intellectual Propert y Office. A copy of the petition of appeal and the 
accompanying documents and the affidavits sha ll be served on the Director-General and other 
respondents named in the petition of appeal. Proof of  such service shall be furnished with the petition 
of appeal to the Court. The respondents may file a statement of objections. 
  (3)  Court may call for the original file from the Director-General and may receive and admit 
new evidence by way of affidav it and documents, additional to, or  supplementary of, the evidence 
already given before the Director-General in r espect of the matter issue as the Court may require. 
 
 (4)  On any such appeal, the Court may affirm , reverse or vary the decision of the Director-
General or may issue such directions to the Dire ctor-General, or order a further hearing by the 
Director-General, as the court may require.   (5)  Any person who is dissatisfied with any Order made by the Court under subsection (4) to 
which such person is a party may prefer an appeal  to the Supreme Court against such Order for the 
correction of any error in fact or in law, with th e leave of the Supreme Court first had and obtained. 
  (6)  Every appeal to the Supreme Court under s ubsection (5) shall be made as nearly as may be 
in accordance with the procedure pr escribed by the rules of the Suprem e Court with respect to special 
leave to appeal to the Supreme Court.  Costs of proceedings before Director-General and Court.  
174.  (1)  In all proceedings before the Director-G eneral under this Act, the Director-General 
shall have power to award any party such costs as he  may consider reasonable, and to direct to whom 
and to what parties they are to be paid, and such  order may be filed in Court, and thereupon such 
order may be enforced as if it were an order of the Court.   (2)  In any proceedings before a Court under this Act, the Directo r-General shall not be 
ordered to pay costs. The Court may however in its discretion Order the payment of costs to the 
Director-General. 
 
 
CHAPTER XXXVI 
 
REGISTERED AGENTS 
 
Registered agents.  
175.  (1)  An Agent referred to in this Act means an  agent registered under the provisions of the 
Act or in accordance with an y regulation made thereunder.  IP/N/1/LKA/C/2 
 IP/N/1/LKA/I/2 
 Page 91 
 
 
   
 (2)  Any person registered as an agent under this  Act shall have the authority and be competent 
to act as an agent under this Act.  
 (3)  A person may be admitted and registered as an agent if he— 
   ( a)  is a citizen of Sri Lanka and is or dinarily resident in Sri Lanka ; and 
   ( b)  (i)   is an Attorney-At-Law of the Supreme Court of Sri Lanka ; or 
 
    (ii)  is a person possessing the qualifications prescribed for an agent ; and    ( c)  pays the prescribed fee. 
 
 (4)  A corporate body or a firm may act as an agent if the majority of the Directors of such 
corporate body or if the majority of the partners of  the firm, as the case may be, are registered agents. 
  (5)  The registration of an agent under this Ac t shall be valid for a period of three years and 
shall be renewable, subject to the payment of a pr escribed fee, for a consecutive period of three years 
provided, however, that a period of grace of six m onths shall be allowed for renewal upon payment of 
such surcharge as may be prescribed. 
  (6)  Notwithstanding anything in the provisions  of subsection (2), any duly appointed agent, 
irrespective of not being registered under this Chapte r, may represent his clients, for a period of two 
years from the date on which the provisions of this Chapter comes into operation. 
 
 (7)  The power of attorney referred to in this  Act means a power of attorney duly executed or a 
letter of authorisation duly signed by the principal.   
CHAPTER XXXVII 
 
FUND 
 Fund.  
176.  (1)  For the purposes of this Act there shall be  established a Fund which shall be maintained 
in such manner as the Secretary to the Ministry of th e Minister in charge of the subject of Trade in 
consultation with the Director-General may direct.   (2)  There shall be paid into the Fund two-thirds  of every fee or charge, levied or recoverable 
under this Act or any regulation made thereunder. 
 
 (3)  There shall be paid out of the Fund re ferred to in subsection (1) all sums of money 
required to defray any expenditure incurred by the Director-General in the exercise, discharge and 
performance of his powers, functions and duties unde r this Act and all such sums of money as are 
required to be paid out of such Fund by or under this Act or any regulation made thereunder. 
 
 (4)  The balance one-third of the money paid into the Fund under subsection (2), of each and 
every such fee or charge levied or recoverable unde r this Act or any regula tion made thereunder shall 
be credited to the Consolidated Fund.  IP/N/1/LKA/C/2 
IP/N/1/LKA/I/2 Page 92 
 
 
   (5)  The Secretary to the Ministry of the Minist er in charge of the subject of Ttrade shall as 
soon as possible after the end of each calendar year prepare a report on the administration of the Fund 
and shall cause to be maintained a full and appropri ate account of the Fund in respect of each calendar 
year. 
 
 (6)  The Auditor-General shall audit the account s of the Fund in terms of Article 154 of the 
Constitution.   (7)  The financial year of the Fund shall be the calendar year. 
 
 
CHAPTER XXXVIII 
 
OFFENCES AND PENALTIES 
 
Falsification of entries in any register.  
177.  Any person who makes or causes to be made a fa lse entry in any of the registers kept under 
this Act, or a  writing falsely purporting to be a copy  of an entry in any such register, or produces, or 
tenders, or causes to be produced or tendered in evidence any such writing, knowing the entry or 
writing to be false shall be guilty of an offence a nd shall on conviction after tr ial before a Magistrate 
be liable to a fine not exceeding rupees five hundred thousand or to  imprisonment for a term not 
exceeding seven years. 
 
Infringement of Copyright. 
 178.  (1)  Any person who wilfully infringes any of th e rights protected under Part II of this Act 
shall be guilty of an offence and shall be liable on c onviction after trial before a Magistrate to a fine 
not exceeding rupees five hundred thousand or to imprisonment for a term not exceeding six months or to both such fine and such im prisonment, and in the case of a se cond or subsequent conviction such 
fine or term of imprisonment or both such fine and imprisonment may be doubled. 
 
 (2)  Any person knowing or having reason to believe that copies have been made in 
infringement of the rights protected under Part II of the Act, sells, displays for sale, or has in his possession for sale or rental or for any other purpose of  trade any such copies, shall be guilty of an 
offence and shall be liable on conviction by a Magi strate for a fine not exceeding rupees five hundred 
thousand or to imprisonment for a term not exceed ing six months or to both such fine and such 
imprisonment, and in the case of a second or subseque nt conviction, to double the amount of a such 
fine or term of imprisonment or both.   (3)  Any person knowingly or having reasons to believe that he is in possession or has access 
to a computer program infringing the rights of a nother person, and wilfully makes use of such 
program for commercial gain, shall be guilty of an  offence and shall be liable on conviction by a 
Magistrate for a fine not exceeding rupees five hund red thousand or to imprisonment for a period of 
six months or to both such fine and imprisonment.   (4)  The Magistrate may, whether the alleged o ffender is convicted or not, order that all copies 
of the work and all implements used for the infring ement, or all plates in the possession of the alleged 
offender, which appear to him to be infringing copies,  or plates or implements used for the purpose of 
making infringing copies, shall be destroyed or deliv ered up to the owner of the right, or otherwise 
dealt with in such manner as the Magistrate may think fit. 
  IP/N/1/LKA/C/2 
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  Infringement of Industrial Designs. 
 
179.  Any person who wilfully infringes the rights of any registered owner, assignee or licensee of 
an Industrial Design shall be guilty of an offence a nd shall be liable on convic tion after trial before a 
Magistrate to a fine not exceeding five hundred th ousand rupees or to imprisonment for a term not 
exceeding six months or to both such fine and such imprisonment, and in the case of a second or subsequent conviction to double the amount of su ch fine or term of imprisonment or both. 
 
False representations regarding industrial Designs. 
 180.  (1)  Any person who, for industrial or commercial purposes, makes a representation — 
  ( a)  with respect to an Industrial Design not bei ng a registered Industria l Design to the effect 
that it is a registered Industrial Design ; 
 
 ( b)  to the effect that a registered Industrial Design is registered in respect of any product, 
regarding which registration has not been carried out ; 
  ( c)  to the effect that the registration of an I ndustrial Design gives an exclusive right to the use 
thereof in any circumstances in which, havi ng regard to limitations recorded in the 
register, the registration does not give that right,  
 shall be guilty of an offence, and shall on conviction af ter trial before a Magistra te be liable to a fine 
not exceeding five hundred thousand rupees or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment. 
 
 (2)  A person shall be deemed to represent that an Industrial Design is registered if he uses in 
connection with the Industrial Design the word "reg istered", or any word or words expressing or 
implying that registration has been obtained for the Industrial Design. 
 
Infringement of Patents. 
 181.  Any person who wilfully infringes the rights of any registered owner, assignee or licensee of 
a patent shall be guilty of an offence, and shall be  liable on conviction after tr ial before a Magistrate 
to a fine not exceeding five hundred thousand rupees or to imprisonment for a term not exceeding six months or to both such fine and such imprison ment, and in the case of a second or subsequent 
conviction to double the amount of such fi ne or term of imprisonment or both. 
 
False representations regarding Patents. 
 
182.  (1)  Any person who, for industrial or commercial purposes, makes a representation – 
 
 ( a)  with respect to a patent not being a registered patent to the effect that it is a registered 
Patent ; 
  ( b)  to the effect that a registered Patent is registered in respect of any product or process 
regarding which registration has not been carried out ; or 
 
 ( c)  to the effect that the registration of a Patent  gives an exclusive right  to the use thereof in 
any circumstances in which, having regard to limitations recorded in the register, the 
registration does not give that right,  
 IP/N/1/LKA/C/2 
IP/N/1/LKA/I/2 Page 94 
 
 
  shall be guilty of an offence, and shall be liable on conviction after trial before a Magistrate to a fine 
not exceeding five hundred thousand rupees or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.  
 (2)  A person shall be deemed to represent a Pate nt as registered if he uses in connection with 
the Patent the word "registered", or any word or  words expressing or implying that registration has 
been obtained for the Patent. 
 
Unlawful disclosure of information relating to Patents. 
 183.  Any person who being or having been employed in or at the office, communicates any 
information relating to Patents or matters connect ed therewith obtained by him during the course of 
his employment in or at the office to any person not entitled or authorized to receive such information, 
or discloses such information to the public or mak es any other unlawful use of such information shall 
be guilty of an offence, and shall on conviction after trial before a Magistrate be liable to a fine not 
exceeding five hundred thousand rupees or to impris onment for a term not exceeding twelve months 
or to both such fine and such imprisonment.  
Infringement of Marks. 
 
184.  Any person who wilfully infringes the rights of any registered owner, assignee or licensee of 
a Mark, shall be guilty of an offence and shall on convi ction after trial before a Magistrate be liable to 
a fine not exceeding five hundred thousand rupees or  to imprisonment for a term not exceeding six 
months or to both such fine and such impris onment and in the case of a second or subsequent 
conviction to double the amount of such fine or  term of imprisonment or both such fine and 
imprisonment. 
 
False representations regarding marks.  
185.  (1)  Any person who, for industrial or commercial purposes, makes a representation— 
 
 ( a)  with respect to a Mark not being a registered  Mark to the effect that it is a registered 
Mark ; 
  ( b)  to the effect that a registered mark is registered in respect of any goods or services 
regarding which registration has not been carried out ; or 
 
 ( c)  to the effect that the registration of a mark gives an exclusive right to  the use thereof in any 
circumstances, in which having regard to limitations recorded in the register, the 
registration does not give that right,  
 shall be guilty of an offence and sh all on conviction after trial before a Magistrate be liable to a fine 
not exceeding five hundred thousand rupees or to imprisonment for a term not exceeding six months 
or to both such fine and imprisonment.   (2)  A person shall be deemed to represent a Ma rk as registered if he uses in connection with 
the Mark the word "registered", or any word or sign expressing or implying that registration has been 
obtained for the mark. 
  IP/N/1/LKA/C/2 
 IP/N/1/LKA/I/2 
 Page 95 
 
 
  Other offences as to marks and trade descriptions. 
 
186.  (1)  Any person who— 
 
 ( a)  forges any Mark ; or 
  ( b)  falsely applies to goods any Mark or Marks so  nearly resembling a registered Mark as to 
be likely to mislead ; or 
 
 ( c)  makes any die, seal block, machine, or other instrument for the purpose of forging, or to be 
used for forging, a Mark ; or 
  ( d)   applies any false trade description to goods ; or 
 
 ( e)  disposes of, or has in his possession, any die, seal block, machine, or other instrument for 
the purpose of forging a Mark ; or 
 
(f) causes any of the things referred to in this subsection to be done, 
 shall, subject to the provisions of this Part, a nd unless he proves that he acted without intent to 
defraud, be guilty of an offence. 
  (2)  Any person who sells or exposes for sale, or  has in his possession for sale, or any purpose 
of trade or manufacture, any goods or things to wh ich any forged Mark or false trade description is 
applied, or to which any Mark so nearly resembling a registered Mark so as to be likely to mislead, is 
falsely applied, as the case may be, shall, unless he proves— 
  ( a)  that having taken all reasonable precautions against committing an offence he had at the 
time of the commission of the alleged offence no reason to suspect the genuineness of the 
Mark, or trade description ; and 
 
 ( b)  that on demand made by or on behalf of the prosecutor he gave all the information in his 
power with respect to the persons from whom  he obtained such goods or things ; or 
  ( c)  that otherwise he had acted innocently,  
 
be guilty of an offence. 
  (3)  Any person who imports any piece-goods ordinarily sold by length or by the piece, manufactured outside Sri Lanka, or who sells or exposes for, or has in his possession for sale or any purpose of trade, any piece-goods ordinarily sold by  length or by piece, whether manufactured within 
or outside the territory of Sri Lanka, which do not  have conspicuously stamped in English numerals 
on each piece, the length thereof in standard metres, or in standard metres and a fraction of such a 
metre, according to the real length of th e piece, shall be guilty of an offence : 
  Provided that nothing containe d in this subsection shall apply to any piece-goods manufactured 
within the limits of Sri Lanka by hand labour only. 
 
 (4)  Any person found guilty of an offence unde r this section shall on conviction after trial 
before a Magistrate be liable to a fine not exceed ing rupees five hundred thousand or to imprisonment 
for a term not exceeding two years or to both such fine and such imprisonment, and in the case of a IP/N/1/LKA/C/2 
IP/N/1/LKA/I/2 Page 96 
 
 
  second or subsequent conviction such fine or term of imprisonment or both such fine and 
imprisonment may be doubled.   (5)  The Magistrate may, whether the alleged offender is convicted or not, order that every 
chattel, article, instrument or thing by means of or  in relation to which the offence has or might have 
been committed shall be destroyed or declared forfe it to the State or otherwise dealt with as he may 
think fit. 
 
Offences by bodies corporate. 
 187.  Where an offence under this Act has been comm itted by a body corporate, every person who 
at the time of the commission of the offence was a Director-General, Manager, Secretary or other 
similar officer of that body shall be deemed to be  guilty of such offence, unless he proves that the 
offence was committed without his consent or conniv ance and that he exercised all due diligence to 
prevent the commission of the offence. 
 
Interpretation.  
188.  For the purposes of this Part, the definitions contained in section 101 shall apply, unless the 
context otherwise requires. 
 
False name or initials. 
 
189.  (1)  The provisions of this Part respecting th e application of a false trade description to 
goods, or respecting goods to which a false trade descri ption is applied, shall extend to the application 
to goods— 
  ( a)  of any such figures, words, marks or a rrangement or combination thereof, whether 
including a registered Mark or not, as are likel y to lead persons to believe that the goods 
are the manufacture or merchandise of so me person other than the person whose 
manufacture or merchandise they really are ; 
 
 ( b)  of any false name or initials of a person and to goods with the false name or initials of a 
person applied, in like manner as if such name or initials were a trade description. 
  (2)  For the purposes of this Part the expression "f alse name or initials" means, as applied to 
any goods, any name or in itials of a person which— 
  (i)   are not a Mark, or part of a Mark ; and   (ii)  are identical with, or are a colourable im itation of, the name or initials of a person carrying 
on business in connection with goods of th e same description, and not having been 
authorized the use of such name or initials ; and 
  (iii)  are either those of a fictitious person or of some person not, bona fide, carrying on 
business in connection with such goods. 
 
 (3)  A trade description which denotes or implies that in any goods to which it is applied which 
contains more metres or standard metres than contained therein, is a false trade description.   IP/N/1/LKA/C/2 
 IP/N/1/LKA/I/2 
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  Forging marks. 
 
190.  A person shall be deemed to forge a Mark who either— 
 
 ( a)  without the assent of the owner of the Mark  make that Mark, or a Mark so nearly 
resembling that mark as to be likely to mislead ; or 
  ( b)  falsifies any genuine Mark, whether by alte ration, addition, effacement or otherwise, 
 
and any Mark so made or fals ified is in this Part refe rred to as a forged Mark : 
  Provided that in any prosecution for forging a Mark the burden of proving the assent of the 
owner shall lie on the accused. 
 
False declaration to be an offence. 
 
191.  Any person who— 
  ( a)  Makes a false declaration to the Director-General ; 
 
 ( b)  Makes a false declaration in respect of geographical indication inclusive of Ceylon Tea 
and Ceylon Cinnamon,  
 shall be guilty of an offence and shall be liable on conviction by a Magistrate to a fine not exceeding 
five hundred thousand rupees.  Applying Marks and descriptions.  
192.  (1)  Any person shall be deemed to apply a Mark or trade description to goods who— 
  ( a)  applies it to the goods itself ; or 
 
 ( b)  applies it to any covering, label, reel or other thing in or with which the goods are sold or 
exposed, or had in possession for any purpose of sale, trade, or manufacture ; or 
  ( c)  places, encloses, or annexes any goods whic h are sold or exposed, or had in possession for 
the purpose of sale, trade, or manufacture, in, with, or to any covering, label, reel, or other 
thing to which a mark or trade description has been applied ; or 
  ( d)  uses a Mark, or trade description in any manne r likely to lead to the belief that the goods in 
connection with which it is used are designa ted or described by that Mark, or trade 
description. 
 
 (2)  The expression "covering" includes any st opper, cask, bottle, vessel, box, cover capsule, 
case, frame, or wrapper ; and the expression "label" includes any band or ticket.   (3)  A Mark or trade description shall be deemed  to be applied whether it is woven, impressed, 
stamped, branded, or otherwise worked into or a nnexed, or affixed to the goods, or any covering, 
label, reel, or other thing.   (4)  A person shall be deemed to falsely appl y to goods a mark who, without the assent of the 
owner of a Mark, applies such Mark or any Mark so nearly resembling it as to be likely to mislead, IP/N/1/LKA/C/2 
IP/N/1/LKA/I/2 Page 98 
 
 
  but in any prosecution for falsely applying a Mark to goods the burden of proving the assent of the 
owner shall lie on the accused. 
 
Exemption certain persons employed in ordinary course of business. 
 193.  Where a person is charged with of making any die,  stamp block, machine, or other instrument 
for the purpose of forging or being used for forging,  a Mark, or with falsely applying to goods any 
Mark or any Mark so nearly rese mbling a mark as to be likely to mislead, or with applying to goods 
any false trade description or causing any of the thin gs in this section mentioned to be done, and such 
person proves— 
  ( a)  that in the ordinary course of his business he is employed, on behalf of other persons, to 
make dies, stamps blocks, machines, or other instruments for making, or to be used in 
making, Marks, or as the case may be, to apply Marks or descriptions to goods and that in 
the case which is the subject of the charge he was so employed by some person resident in 
Sri Lanka, and was not interested in the goods  by way of profit or commission dependent 
on the sale of such goods ; and 
  ( b)  that he took reasonable precautions agai nst committing the offence charged with ; and 
 
 ( c)  that he had, at the time of the commission of the alleged offence, no reason to suspect the 
genuineness of the Mark or trade description ; and 
  ( d)   that he gave to the prosecutor all the info rmation in his power with respect to the person 
on whose behalf the Mark or description was applied,  
 
he shall be discharged from the prosecution, but shall be liable to pay the costs incurred by the 
prosecutor unless he gives due notice to the prosecu tor regarding his intention to rely on defence 
specified in this section. 
 
Mark how described in pleading. 
 194.  In any indictment, charge, proceeding, or docum ent in which any mark or forged mark is 
required to be mentioned, it shall be sufficient, without further description and without any copy or 
facsimile, to state that Mark or forged  Mark to be a Mark or forged Mark. 
 
Rules as to evidence. 
 
195.  In any prosecution for and offence under this Part— 
  ( a)  an accused, and his or her spouse as the case may be, may, if the accused thinks fit, be 
called as a witness, and if called, shall be sw orn and examined and may be cross-examined 
and re-examined in like manner as any other witness ; 
  ( b)  in the case of imported goods evidence of the port of shipment shall be, prima facie, 
evidence of the place or country in which the goods were made or produced. 
 
Punishment of accessories. 
 
196.  Any person who, being within Sri Lanka, abets the commission out side Sri Lanka of any act 
which, if committed within Sri Lanka, would under this  Part be an offence, shall be deemed to be  IP/N/1/LKA/C/2 
 IP/N/1/LKA/I/2 
 Page 99 
 
 
  guilty of that offence, and be liable to be indict ed, proceeded against, tried and convicted in any 
district or place in Sri Lanka in which he may be as if the offence had been committed therein. 
  For the purpose of this section "abet" shall have  the same meaning as in section 101 of the Penal 
Code. 
 
Search warrant.  
197.  (1)  ( a)  Upon receipt of information of an offence being committed under this Part, a 
Magistrate may issue either a summons requiring th e person alleged to have committed such offence 
to appear in court and show cause or where such pers on fails to appear issue a warrant for the arrest of 
such person ;   ( b)  The Magistrate may upon being satisfied by information on oath that there are reasonable 
grounds to believe that any goods or  things by means of, or in rela tion to, which such alleged offence 
has been committed are in any house or premises  of the person charged on the basis of such 
information, or in his possession or under his cont rol, in any place, such Magistrate may issue a 
warrant under his hand ;   (c)  It shall be lawful for any police officer, or other person named or refe rred to in the warrant, 
to enter such house, premises, or place at any reasonable time of the day, and to search therefore and 
seize such goods or things ; and any goods or things seized under any such warrant shall be brought before the Magistrate's Court for the purpose of  determining whether such goods are liable to 
forfeiture under this Part.  
 (2)  ( a)  If the owner of any goods or things whic h, if the owner thereof had been convicted, 
would be liable to forfeiture under this Part, is  unknown or cannot be found, any information or 
complaint may be led for the purpose only of enforc ing such forfeiture, and a Magistrate may cause 
notice to be published requiring reas ons to be shown to the contrary at the time and place named in 
the notice, as to why such goods or things should not be forfeited.  
 ( b)  If the owner or any person on his behalf, or other person interested in the goods or things, 
fails to show sufficient cause to the contrary at the time and place named in the notice, Magistrate 
may order such goods or things or any of them to be  forfeited. Every such order shall be subject to an 
appeal.  
 (3)  Any goods or things forfeited under this sec tion, or under any other provisions of this Part, 
may be destroyed or otherwise disposed of, in such manner as the Magi strate who ordered the 
forfeiture may direct, and the Magistrate out of an y proceeds which may be realized by the disposition 
of such goods (all marks and trade descriptions be ing first obliterated), may make an award to an 
innocent party for any loss he may have sustained in dealing with such goods. 
 
Costs of defence and of prosecution. 
 
198.  In any prosecution under this Part the Court may order costs to be paid to the accused by the 
prosecutor or to the prosecutor by the accused, ha ving regard to the information given by, and the 
conduct of, the accused and prosecutor respectively,  and the sum so awarded as costs shall be 
recoverable as if it were a fine. 
 IP/N/1/LKA/C/2 
IP/N/1/LKA/I/2 Page 100 
 
 
  Provisions as to false description not to apply in certain cases. 
 
199.  Where, at the commencement of this Act, a trad e description is lawfully  and generally applied 
to goods of a particular class, or manufactured by a particular method, to indicate the particular class 
or method of manufacture of such goods, the provisi ons of this Part with respect to false trade 
descriptions shall not apply to such trade description when so applied : 
  Provided that where such trade description incl udes the name of a place or country, which is 
likely to mislead as to the place or country where the goods to which it is applied were actually made 
or produced, and the goods are not actually made or produced in that place or country, the provisions 
of this section shall not apply unless there is added to the trade description, immediately before or 
after the name of that place or country, in an e qually conspicuous manner, the name of the place or 
country in which the goods were actually made or pr oduced, with a statement that they were made or 
produced there. 
 
Savings. 
 
200.  (1)  The Provisions of this Part shall not ex empt any person from any action, suit, or other 
proceeding which might, but for the provisions  of this Part, be brought against him. 
 
 (2)  Nothing in this Part shall entitle any pers on to refuse to make a complete discovery, or to 
answer any question or interrogatory in any acti on, but such discovery or answer shall not be 
admissible in evidence against such person in an y prosecution for an offence under this Part. 
  (3)  Nothing in this Part shall be construed so as to make any servant of a master resident in Sri 
Lanka liable to a suit or prosecution due to disclos ure of information regarding the servant of a 
master, when required by or on behalf of the prosecutor who, bona fide, acts in compliance with the 
instructions of such master. 
 
Cognizable and bailable offences.  
201.  All offences under this Part shall be cognizable and bailable, within the meaning of the Code 
of Criminal Procedure Act, No. 15 of 1979. The pr ovisions of the Code of Criminal Procedure Act 
shall apply to any offence committed under this Part. 
 
Limitation of prosecution. 
 202.  No prosecution for an offence under this Act sha ll be commenced after the expiration of three 
years after the commission of the offence charged or two years after the discovery thereof by the 
prosecutor, which ever expiration first occurs.  
Implied warranty on sale of marked goods. 
 
203.  On the sale, or in the contract  for the sale, of any goods to which a Mark, or trade description 
has been applied, the vendor shall be deemed to warrant that the Mark is a genuine Mark, and not 
forged or falsely applied, or that the trade d escription is not a false trade description within the 
meaning of this Part, unless the contrary is expresse d in writing signed by or on behalf of the vendor 
and delivered at the time of the sale or contract to, and accepted by, the vendee. 
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  CHAPTER XXXIX 
 
REGULATIONS 
 
Regulations. 
 
204.  (1)  The Minister may from time to time make regulations for the purpose of carrying out or 
giving effect to the principles and provisions of this  Act and in particular in respect of any matter 
required under this Act to be prescribed. 
 
 (2)  Without prejudice to the generality of the powers conferred by subsection (1) the Minister may make regulations in respect of any or all of the following matters :–   ( a)  the procedure of registration ; 
 
 ( b)  the classification of goods and services for the purposes of registration ; 
  ( c)  the fees payable in respect of registration and other matters ; 
  ( d)  the forms to be used for any purpose under the Act ; 
 
 ( e)  the setting up of organizations to administer rights specified in Part II on behalf of the 
owners of such rights and the conditions unde r which such organizations are required to 
work ; 
 
 ( f)   the admission, registration, cancellation, re moval and any other matter relating to agents 
specified in Chapter XXXVI of the Act ; 
  (g)  The manner of the administration of th e Patent Co-operation Treaty in Sri Lanka ; 
  ( h)  all matters which under this Act have been  placed under the direction or control of the 
Director-General. 
  (3)  Every regulation made by the Minister sh all be published in the Gazette and shall come 
into operation on the date of such publication or on  such later date as may be specified therein. 
 
 (4)  Every regulation made by the Minister shall as soon as convenient after its publication in 
the Gazette be brought before the Parliament fo r approval. Any such regulation which is not so 
approved shall be deemed to be rescinded as from the date of its disapproval, but without prejudice to 
anything previously done thereunder.   (5)  Notification of the date on which any regula tion made by the Minister is so deemed to be 
rescinded shall be published in the Gazette. 
  IP/N/1/LKA/C/2 
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  CHAPTER XL 
 
AMENDMENT OF HIGH COURT OF THE PROVINCES 
(SPECIAL PROVISIONS) ACT, NO. 10 OF 1996 
 
Amendment of Act No. 10 of 1996.  
205.  High Court of the Provinces (Special Provisions ) Act, No. 10 of 1996 is hereby amended as 
follows :— 
 
 (1)  by the repeal of item 3 of the First Sche dule to that Act and substitution therefore of the 
following :— 
 
 "All proceedings required to be taken unde r the Intellectual Property Act, No. 36 of 
2003 in the High Court established under Article 154 P of the Constitution". 
 
 (2) by the repeal of item 2 of the Second Schedule to the Act.  
 
 
CHAPTER XLI 
 
AMENDMENT OF THE CUSTOMS ORDINANCE 
 Amendment of section 101 of the Customs Ordinance. (Chapter 235)  
206.  Section 101 of the Customs Ordinance (Chapt er 235) is hereby amended by the insertion 
immediately after paragraph ( e) of that section of the following new paragraph :— 
  "( ee)   for prohibiting of importation and expor tation of counterfeit trade mark goods or 
pirated copyright goods or any other goods in contravention of the provisions of the 
Intellectual Property Act, No. 36 of 2003". 
 Insertion of new sections in the Customs Ordinance.  
207.  The Customs Ordinance hereinafter referred to as "the Ordinance" is hereby amended in 
Part XIII of that Ordinance by the insertion imme diately after section 125 thereof of the following 
new sections :— 
 
 "Inclusion of prohibited goods in Schedule B of Customs Ordinance. 
 
 125A.  (1)  The importation of counterfeit trad e mark goods or pirate d copyright goods or 
any other goods in contravention of the provisions  of the Intellectual Property Act, No. 36 of 
2003 (hereinafter referred to as the  "Act") sha ll be prohibited and such goods shall be included 
among the goods the importation of which, are pr ohibited under section 43 of the Ordinance and 
included in Schedule B of the Ordinance as prohibited goods. 
   (2)  The exportation of the goods referred to  in subsection (1) of this section shall be 
prohibited and such goods shall be included among the goods the exportation of which, are 
prohibited as if they were referred to in secti on 44 of the Ordinance and included in Schedule B 
of the Ordinance as prohibited goods. 
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    (3)  Notwithstanding anything to the contrary  in any other law, prohibited goods referred to 
in subsections (1) and (2) of this section, shall be disposed of outside the channels of commerce 
or if such disposal damages the interests of th e owner of any right protected under the Act, be 
destroyed.  
 
  (4)  "Counterfeit trade mark goods" mean any goods including packaging, bearing without 
authorization a trade mark which is identical to a trade mark validly registered in respect of such 
goods or which cannot be distinguished in its essen tial aspects from such a trade mark, and which 
thereby infringes the rights of the owner of  the trade mark recognised by the Act. 
 
  (5)  "Pirated copyright goods" mean any go ods which are made without the consent of the 
copyright holder or person duly authorised by the copyright holder in the country of production and which are made directly or indirectly from an article where the making of that copy would 
have constituted an infringement of a copy right or a related right by the Act. 
 
 Suspension of certain goods by Customs Authorities. 
 
 125B.  (1)  A right holder, who has valid grounds to believe that the importation of 
counterfeit trade mark or pirated copyright  goods  or of any other goods in contravention of the 
right holder's rights under the Act is taking place,  may make an application in writing to the 
Director-General, of customs requiring him to suspend of the release of such goods into free 
circulation. 
   (2)  A right holder who makes an applica tion under subsection (1) shall provide adequate 
evidence to satisfy the Director-Gener al of Customs that there is a, prima facie, case of 
infringement of the right holder's rights unde r the Act and supply a sufficiently detailed 
description of the goods to make them readily recognisable by any officer of the Customs. 
   (3)  ( a)  The Director-General of customs shall have  the power to require an applicant to 
provide a security or equivalent assurance suffici ent to protect the defendant and to prevent any 
abuse ; 
 
   ( b)  Where pursuant to an application made under subsection (1), the Director-General 
of customs suspends the release of any goods into  free circulation, he shall forthwith cause the 
importer and the applicant to be promptly notified the suspension. 
 
  (4)  If the Director-General of customs fails  to receive any notice regarding the institution 
of proceedings in respect of the of release of any goods suspended under s ubsection (3), within a 
period not exceeding ten working days after the a pplicant has been inform ed of the suspension as 
provided for in subsection (3), he shall cause the goods to be released, provided all other 
conditions for importation or expor tation have been complied with. 
 
  (5)  Where pursuant to an application made under subsection (1), the Director-General of 
customs has suspended the release of any goods in to free circulation and the period referred to in 
subsection (4) has expired without the granting of any provisional relief by a Court, and provided 
that all other conditions for importation have been complied with, the owner, importer or 
consignee of such goods shall be en titled to have such goods released. 
 
  (6)  Notwithstanding anything contained in the preceding provisions of this section, where 
the suspension of the release of any goods is carri ed out or continued in accordance with an order 
of court, the provisions of subsection 4 of secti on 170 of Intellectual Property Act, No. 36 of 
2003, shall apply. IP/N/1/LKA/C/2 
IP/N/1/LKA/I/2 Page 104 
 
 
   
  (7)  The court shall have the power to order the applicant to pay the importer, the consignee 
and the owner of the goods, appropriate compen sation for any harm caused to them through the 
wrongful detention of goods or through the dete ntion of goods released pursuant to the preceding 
provisions of this section. 
   (8)  Without prejudice to the protection of confidential information, the Court shall have 
power to give the right holder sufficient opportunity to have any goods detained by the customs authorities inspected in order to substantiate the right holder's claims. The Court shall in addition 
have power to give the importer an equivalent opportunity to have an y such goods inspected. 
   (9)  Without prejudice to other rights of action open to the right holder and the defendant, 
the Court shall have the power to order the destruction or disposal of any infringing goods in accordance with the principals set out in section 170 of Intellectual Property Act, No. 36 of 2003. 
In regard to counterfeit trade mark goods, th e Court shall not other than in exceptional 
circumstances allow the re-exporta tion of the infringing goods in an unrelated state or subject 
them to a different customs procedure. 
   (10)  The provisions of sections 125A and 125 B shall not apply to small quantities of goods 
of a non-commercial nature contained in a trave ller's personal luggage or  forwarded in small 
consignments. 
   (11)  In this section, the expressions "c ounterfeit trade mark goods" and "pirated copyright 
goods" shall have the same meanings as ar e assigned to them in section 125A.". 
 
 
CHAPTER XLII 
 
REPEALS AND SAVINGS 
 Repeals and savings. 
 208.  (1)  The Code of Intellectual Property Act, No . 52 of 1979 (hereinafter referred to as the 
"Code") is hereby repealed.   (2)  Notwithstanding the repeal of the Code the National Intellectual Property Office of Sri 
Lanka established under the Code, and the officials a ppointed under the Code shall continue and shall 
be deemed to have been established and appointed respectively under this Act. 
  (3)  Notwithstanding the repeal of the Code every regulation made thereunder as in force on 
the date of commencement of this Act, in so far as such regulation is not inconsistent, with the 
provisions of this Act shall be deemed to be ma de under this Act, and such regulations may be 
amended, rescinded or altered by regulations made under this Act. 
  (4)  Notwithstanding the repeal of the Code—   ( a)  Every application for registration of an I ndustrial Design, Patent or Mark made to the 
Director-General under the provision of the code and pending on the date immediately 
preceding the date of commencement of this Ac t, shall be deemed to be an application 
made to the Director-General under Part III, IV or V respectively of this Act, and shall be 
dealt with in accordance with th e provisions of this Act ; 
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   ( b)  any right specified in Part II of this Act,  which was granted on the date of coming into 
operation of the repealed Code shall for all purposes except for the purpose of imposing 
punishment, continue to be valid and effectual as if herein granted provided that the term 
of protection previously granted has not expire d under the Code or under the laws of the 
country of origin of such work, performance, sound recording or broadcast that are to be 
protected under any international treaty to which Sri Lanka is a party ; 
  ( c)  every action, proceeding or other matter rela ting to Copyright, Industrial Designs, Patents, 
Marks and unfair competition pending on the day immediately preceding the date of the 
commencement of this Act, shall be deemed to have been instituted under the provision of 
this Act and shall be contin ued and proceeded with under the provisions of this Act ; 
  ( d)  nothing in Part III, IV, V or VI of this Act shall affect any order or requirement made, 
table of fees or certificates issued, notice, d ecision, determination, direction or approval 
given, application made, or thing done, under the Code, and every such order, requirement, 
table of fees, certificate, notice, decision, dete rmination, direction, approval, application or 
thing shall, if in force on the date immedi ately preceding the date of commencement of 
this Act, shall be deemed to have been ma de under the provisions of this Act and shall 
continue in force and shall, so far as it coul d have been made, issued, given or done under 
this Act have effect as if made, issued, gi ven or done under the corresponding provisions 
of this Act ; 
  ( e)  all contracts, leases and agreements subsis ting on the day immediately preceding the date 
of commencement of this Act shall be deemed for all purposes to be contracts, leases or agreements made or entered into by or with or for the office, under the provisions of this 
Act. 
  ( f)   all interests, rights, obligations, debts and liabilities of the office subsisting on the day 
immediately preceding the date of commencement of this Act, shall be deemed to be the interest, rights, obligations, debts and to liabilities of the office, under the provisions of this Act. 
 Saving of Designs.  
209.  The validity of the original entry of a Design on the register of Designs existing on the day 
immediately preceding the date of commencement of this Act or any register of Designs which was 
kept under any previous law and was incorporated with  and declared to form Part of the Register of 
Designs, shall be deemed to have been registered under Part III of this Act. Every such Design shall 
however retain its original date. 
 
Savings of Patents.  
210.  The validity of the original entry of a Patent on the register of Patents existing on the day 
immediately preceding the date of commencement of this Act or any Register of Patents which was kept under the previous laws and was incorporated with  and declared to form Part of the Register of 
Patent shall be deemed to have been registered unde r Part IV of this Act. Every such Patent shall 
however retain its Original date.  IP/N/1/LKA/C/2 
IP/N/1/LKA/I/2 Page 106 
 
 
  Savings of Marks. 
 
211.  (a)   The validity of the original entry of a Mark on the Register of Marks existing on the 
day immediately preceding the date of commencement of this Act or any register of Marks which was 
kept under any previous law and was incorporated with  and declared to form Part of the Register of 
Marks shall be deemed to have been registered under Part V of this Act. Every such Mark shall 
however retain its original date.   ( b)  No mark which was on the Register on the day immediately after the date of 
commencement of the Code and which under the Code was then a registrable mark shall be removed 
from the Register on the ground that it was not registrable under the law in force at the date of its registration.   ( c)  No mark which was on the Register on the day immediately preceding the date of 
commencement of the Act and which under Part V is  a registrable mark shall be removed from the 
register on the ground that it was not registrable, under the law in force at the date of its registration. 
  ( d)  Nothing in Part V shall— 
   (i)   invalidate the original registration of a mark which had validity on the register 
immediately before the date of commencement of this Act ; or 
   (ii)  subject any person to any liability in resp ect to any act or thing done before the date of 
commencement of this Act, to which he w ould not have been subject under the law in 
force at the time such act or thing was done. 
 
 
CHAPTER XLIII 
 
INTERPRETATION 
 
Interpretation.  
212. In this Act unless the context otherwise requires— 
 "Central Bank of Sri Lanka" means the Central Bank of Sri Lanka established under the Monetary 
Law Act (Chapter 422) ; 
 "convention country" means any country that has acceded to or ratified or that may hereafter accede to 
or ratify the Paris Convention for the protection of Industrial Property, as well as all members of the World Trade Organisation or States that may hereafter become members of the World Trade 
Organisation, and includes any country which has en tered into or which may hereafter enter into 
any treaty, convention or arrangement with Sri La nka creating reciprocal rights and obligations 
between such country and Sri Lanka in regard to  Industrial Designs, Patents and Marks and any 
other matter provided for by the Act and the registration thereof ; 
 "convention" means the Paris Convention for the protection of Industrial Property, World Trade 
Organisation or any other international or regi onal convention, treaty or arrangement to which 
Sri Lanka is party creating reciprocal rights and obligations between such  country and Sri Lanka 
in regard to Industrial Designs, Patents. Marks and any other matter provided for by the Act and 
the registration thereof ; 
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  "Court" means a High Court established under Artic le 154P of the Constitution for a Province 
empowered with civil jurisdiction by Order pub lished in the Gazette under section 2 of the High 
Court of Provinces (Special Provisions) Act, No. 10 of 1996 when the party or parties defendant to such action resides or reside or the cause of  action has arisen or the contract sought to be 
enforced was made within the Province for whic h such High Court is established, or where no 
such High Court is established for any Province or  vested with such civil jurisdiction the High 
Court established for the Western Province ; 
 "Transgenic" means an organism that expresses a ch aracteristic not attainable normally by the species 
under natural circumstances, but which has been a dded by means of direct human intervention in 
its genetic composition. 
 
Sinhala text to prevail in case of inconsistency.  
213.  In the event of any inconsistency between the Si nhala and Tamil texts of this Act, the Sinhala 
text shall prevail.     
 
   
Annual subscription of English Bills and Acts of the Par liament Rs. 885 (Local), Rs. 1,180 (Foreign), payable to 
the SUPERINTENDENT, GOVERNMENT PUBLICATIONS BUREAU, NO. 32, TRANSWORKS HOUSE, 
LOTUS ROAD, COLOMBO 01 before 15th December e ach year in respect of the year following. 
 
 
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