Intellectual Property Rights in Sri Lanka

Protection of Trademarks, Patents, Copyrights, Designs, Geographical Indications, and Domain Names in Sri Lanka is governed by a combination of specific Intellectual Property laws as well as general principles of law.

All applications for the protection of intellectual property in Sri Lanka are handled by the National Intellectual Property Office of Sri Lanka (NIPO), and most processes can now be accessed online.

As a signatory to the Paris Convention for the Protection of Industrial Property, Sri Lanka allows convention applications claiming priority to be filed with NIPO.

The National Intellectual Property Office of Sri Lanka is located in Colombo, and it is the central authority for filing and administration of intellectual property rights in the country.

The courts in Sri Lanka provide for both civil and criminal remedies for the enforcement of intellectual property rights and against any infringement or offenses related to them.

Trademarks

The law governing trademarks in Sri Lanka is the Intellectual Property Act No. 36 of 2003. This act replaced the previous laws to ensure compliance with international standards and treaties such as the TRIPS Agreement. Trademarks are protected for an initial period of 10 years and can be renewed indefinitely for successive 10-year periods.

Patents

The law relating to patents in Sri Lanka is also governed by the Intellectual Property Act No. 36 of 2003. The Act ensures protection for inventions that meet the criteria of novelty, inventive step, and industrial applicability. A patent in Sri Lanka is valid for 20 years from the filing date, subject to the payment of annual fees.

Designs

The protection of industrial designs is governed by the Intellectual Property Act No. 36 of 2003. A design registration in Sri Lanka provides protection for an initial period of 5 years, renewable for two further 5-year periods, allowing for a maximum of 15 years of protection.

Copyrights

Copyright protection in Sri Lanka is automatic upon the creation of a work and does not require registration. The Intellectual Property Act No. 36 of 2003 provides protection for literary, artistic, musical works, and other creative outputs, ensuring compliance with international treaties like the Berne Convention.

Domain names

Disputes relating to Sri Lanka’s country code top-level domains (ccTLDs), such as .lk, are handled by the LK Domain Registry. Arbitration procedures and policies are in place to resolve disputes regarding domain name ownership and usage.

Geographical Indications (GI)

Geographical Indications in Sri Lanka are also protected under the Intellectual Property Act No. 36 of 2003. This protection ensures that products with a specific geographical origin and qualities, reputation, or characteristics linked to that origin are safeguarded.

Customs recordal / Border Control

The enforcement of intellectual property rights at the border is governed by Sri Lanka’s Customs Ordinance. Rights holders can record their trademarks, copyrights, and other IP rights with the customs authorities to prevent the import or export of counterfeit or infringing goods.

Sri Lanka’s intellectual property framework is designed to align with international standards and treaties, fostering a robust environment for innovation and creativity while ensuring effective enforcement and protection of IP rights.