Sri Lanka agreed to accede to the Madrid Protocol in 2017. Then it was pushed to 2018, and then to 2020. The case for joining has never been seriously disputed — which is what makes the delay worth noting for anyone planning brand protection in the country.
The IP office
Sri Lanka, an island nation in the Indian Ocean, is a captivating place about whose intellectual property practice comparatively little is known. The National Intellectual Property Office (NIPO) administers the IP system there.
What the Madrid Protocol offers
The Madrid Protocol simplifies filing trademark applications across multiple countries, and is one of the two treaties comprising the Madrid System for the international registration of trademarks.
It is a cost-effective and efficient route for brand owners to seek protection in multiple countries by filing a single application, in one office, in one language — without engaging local counsel or an agent in each country simply to file.
The repeated deferrals
Accession had been debated in Sri Lanka for three to four years. The country agreed to accede in 2017, but for unclear reasons this was pushed to 2018, and again to 2020.
As at 23 February 2020, according to news reports, the Government had given its nod for Sri Lanka to accede. The necessary amendments to existing law had been made to facilitate entry, with the draft under review before submission to WIPO for approval and subsequent admission to the Madrid System.
At the time of writing — five months into 2020, and therefore at the “mid-2020” target — there had been no announcement from WIPO. With the COVID-19 pandemic underway, a delay was explicable and expected.
Where it stands. The accession had still not taken effect in the years following, and Sri Lanka has remained outside the Madrid System far longer than the 2020 timetable contemplated. Anyone planning a filing programme should verify the current membership position with WIPO rather than assuming accession has since occurred — and should plan on the basis of a national filing through NIPO until it is confirmed.
Who would benefit
Both directions of trade stand to gain:
- Sri Lankan businesses expanding abroad would save on the costs of filing trademarks country by country; and
- global businesses entering the Sri Lankan market would gain a simpler route to protection there.
Beyond filing, there is the maintenance advantage that tends to be underrated: amendments, renewals and recordals across many countries handled through a single application rather than separately in each.
In the meantime
Until accession takes effect, protection in Sri Lanka requires a national application filed with NIPO. For brand owners with a regional portfolio, that means Sri Lanka sits outside whatever Madrid designation strategy covers the rest of the region, and needs to be handled separately — an easy jurisdiction to overlook precisely because the neighbouring filings are automated through Madrid.
The takeaways
- Madrid offers one application, one language, many countries — filing and maintenance both.
- Sri Lanka agreed to accede in 2017, deferring to 2018 and then 2020.
- Accession has not taken effect — verify the current position with WIPO.
- File nationally through NIPO in the meantime, and don’t let Sri Lanka fall through a Madrid-shaped gap.
Frequently asked questions
Is Sri Lanka a member of the Madrid Protocol? Accession was agreed in principle but has not taken effect. Verify the current membership position with WIPO before planning a filing strategy.
How do I protect a trademark in Sri Lanka now? Through a national application filed with the National Intellectual Property Office (NIPO).
What is the benefit of the Madrid Protocol? A single application in one language and one office covering multiple designated countries, with centralised renewals, amendments and recordals afterwards.
Why did Sri Lanka’s accession take so long? It was agreed in 2017 and repeatedly deferred — to 2018, then 2020 — with the pandemic contributing to further delay.