INTELLECTUAL PROPERTY RIGHTS IN SRI LANKA

The Intellectual Property Act No. 36 of 2003 is the primary law governing the mechanism of trademark registration and protection in Sri Lanka.
In Sri Lanka, all the trademark applications must be filed with the National Intellectual Property Office of Sri Lanka (NIPO), which is responsible for dealing with the entire process of trademark registration.
Sri Lanka follows the 10th edition of Nice Classification. Multi-class trademark applications are not acceptable.
The third parties can file opposition actions against a trademark application within three (03) months following its date of publication in the official gazette.
In Sri Lanka, registered trademarks have a validity of ten (10) years from the date of application, which can be further renewed indefinitely for successive periods of ten (10) years each.
The grace period to renew a trademark after the date of expiry is six (06) months.
The period for cancellation of a registered trademark based on non-use is five (05) years from the date of registration.

Sri Lanka is a member of the Paris Convention for the Protection of Industrial Property and the Patent Cooperation Treaty (PCT).
The Intellectual Property Act No. 36 of 2003 deals with the mechanism of patent protection in Sri Lanka.
In Sri Lanka, an invention that satisfies the conditions of novelty, inventive step, and industrial applicability, subjects to patentability. Process patent and product patent are the two types of patents that can be protected.
The types of patent applications that can be filed include Convention Application, PCT National Phase Application, and Divisional Application.
The time-frame for PCT national phase filing is thirty (30) months.
In Sri Lanka, an opposition against a patent application can be raised at the post-grant stage by filing an action for nullity of the patent in the commercial high court.
The patent of invention lasts for twenty (20) years in Sri Lanka. The first annuity will be due in the 2nd year, and the last annuity will be due in the 20th year. The payment of annuities must be made within six (06) months before the due date.

The Intellectual Property Act No. 36 of 2003 governs and deals with the mechanism of registration of industrial designs in Sri Lanka.
The owner of a registered industrial design can exercise exclusive rights in Sri Lanka, like making, using, importing, and exporting articles consisting of such protected industrial design
The types of industrial design applications that can be filed in Sri Lanka include only the Convention Application.
Utility model protection isn't provided under industrial design protection in the nation.
Opposition against an industrial design application can be raised within two (02) months from the date of publication of the industrial design in the official gazette.
The total duration of industrial design registration in Sri Lanka is fifteen (15) years from the date of application. The initial registration term is five (05) years, which is further extendible for two (02) terms of five (05) years each upon payment of the renewal fee.
The time frame for payment of the renewal fee before the due date is six (06) months.
There is a grace period of six (06) months to renew a registered industrial design.

Sri Lanka is a member country of the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO).
It is also a signatory to the Berne Convention for the Protection of Literary and Artistic Works, Universal Copyright Convention (Geneva), Universal Copyright Convention (Paris), and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
The Intellectual Property Act No. 36 of 2003 governs the mechanism of copyright protection in Sri Lanka.
The standard copyright protection term lasts for the lifetime of the author plus seventy (70) years following his death. However, the duration of copyright protection varies depending on the type of work.