Nevertheless, unregistered marks are also protected in Sri Lanka by provisions relating to unfair competition and common law action for passing off. 101. 0000000791 00000 n We are in the final stages of finalizing the regulations for recordation. While the country is familiar with some of the 4IR technologies such as on-line purchasing, e-governance, smart agriculture, smart classrooms, and smart banking, other developments such as IoTs, robotics, and blockchain are still relatively new. Sri Lanka is also a party to several international treaties such as the Madrid Agreement for Repression of false or deceptive indication of source on goods, Nirobi Treaty for protection of Olympic symbol, the Patent Co-operation Treaty the Berne Convention for the Protection of Literary and Artistic Works, Universal Copyright Convention, The Convention establishing the World Intellectual Property Organisation, The Agreement on Trade related aspects of Intellectual Property Rights (the TRIPS Agreement) and the Trademark Law Treaty. Date: The applicant hereby request the registration of Intellectual Property Rights described hereunder with Sri Lanka Customs Department. Prior to the 1979 Statute the Sri Lankan law was governed by the Trademarks… Criminal proceedings can be instituted on these grounds before the Magistrate Court by the right holder, assignee or licensee, directly by way of a Private Plaint[5] or by a Plaint filed by the Police. The raids followed a complaint to the police filed by the ICC relating to the protection of registered trademarks and logos associated with the ICC World Twenty20 Sri Lanka 2012[6]. Unauthorised reproduction of music, movies and software, etc, is a major threat faced by the entertainment industry. Failing to disclose previous patents filed abroad relating to the same or essentially the same invention as that claimed in the application. Infringement of copyright and other registered intellectual property rights, willfully or knowingly, also constitute a criminal offence liable for conviction before the Magistrate Court under Chapter XXXVIII of the Intellectual Property Act. There is also no separate provision for registration of Geographical Indications in Sri Lanka although Geographical Indications are protected under the Intellectual Property No. Combat against Counterfeiting and Piracy and enforce Intellectual Property Act in Imports and Exports read with Customs Ordinance. She has extensive experience in the full range of enforcement, management and transactional matters pertaining to intellectual property law, including representing clients before the National Intellectual Property Office, acting for multinationals as well as Sri Lankan conglomerates in respect of infringement actions, applying for injunctions and search and/or seizure orders. In addition, court is vested with power to order the impounding[2], and disposal of infringing goods outside the channels of commerce[3] and grant such other relief the court deems just and equitable. Q` � . Modifying Sri Lanka’s IPR Regime 0000057102 00000 n Filing trademark applications without conducting prior searches. Under s 125 B of the Ordinance[10] the owner of any registered trade mark or holder of copy right or any other Intellectual Property rights may make an application to the Director General of Customs requesting the Customs to suspend clearance of imported/exportation of goods that are suspected of being counterfeit or pirated. Failure to detect potential infringement in the market. ♦ Take action on our own to intercept counterfeit goods. ♦ Disposal of Counterfeit Trade Mark or Pirated Copyright Goods 0000079431 00000 n Name of Applicant: (please attach certificate of incorporation where applicable) 52 of 1979. This registration process was introduced in 2010, 42 trademark owners have registered with the Customs from 2010 to 2012[13]. Civil action can be instituted before the Commercial High Court[1] of Sri Lanka to combat infringement or imminent infringement of Intellectual Property Rights under s 170, and to protect acts against Unfair Competition in relation to Intellectual Property under s 160 (7) of the Act. In India, the establishment of IP facilitation centres is helping to bridge the gap between practitioners and AI developers, and provides training to IP granting authorities. The use of the symbol ‘®’ or any word or sign expressing/implying that the registration has been obtained for a mark when the mark is not registered/pending registration in Sri Lanka is an offence under the IP Act. The Copyrights Ordinance No. Publishing cautionary notices to create awareness about the ownership of the mark. The 1979 Statute was based on the WIPO Model Law. The highest number of innovations emerge through designs and prototypes, new products, services and, process developments. H�b``a``y����h�À p@i �bq~�f�lpr400��a��k�%X�U���� ����1.H3��F3k ]���! To comply with the international obligations created by ratification of the Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods and the TRIPs Agreement new provisions were introduced by the Intellectual Property Act. Anomi Wanigasekera and Wathsala Samaranayake. NON-CONVENTIONAL TRADEMARKS including color mark, slogan … Monday, 30 September 2019 00:00 The 1979 Statute was based on the WIPO Model Law. (*This blog is based on a chapter written for the forthcoming ‘Sri-Lanka: State of the Economy 2019’ report on Transforming Sri Lanka’s Economy in the Fourth Industrial Revolution.) Office: National Intellectual Property Office of Sri Lanka . A number of devices installed with suspected pirated software were taken into custody and were produced before court. Similarly the same year a successful raid was conducted by the CID with the assistance of Perkins who has the largest population of diesel engines in Sri Lanka. Moreover, the TRIPS Agreement’s clause on ‘Computer Programmes and Compilations of Data’ specifies that computer programmes could be protected as literacy work under copyrights. 0000035157 00000 n Under s 104 any registered owner of a Trademark with prior rights or owner of an unregistered mark having prior use or mark known in Sri Lanka can contest such registration. Several opposition proceedings are instituted before the National IP Office each year, some of them proceed to the inquiry stage. The Anti-Piracy and Counterfeit Unit of the Criminal Investigation Department of the Sri Lanka Police also conducts raids on counterfeit goods. The Ceylon Independence Act 1947 made the English Copyright Act 1911 applicable in Sri Lanka after independence. "‘Use’ is not a prerequisite for trademart filings, but if a registered mark is not used for a period of five years it becomes vulnerable to nonuse cancellation.". An inquiry will be conducted and the decision of the Director General shall be binding on all parties. In compliance with this provision the Statute makes a provision for effective enforcement of Intellectual Property rights. Section 207 of the IP Act introduced new section 125 A and 125 B to the Customs Ordinance of Sri Lanka to cater IPR infringements at the boarders. The Act makes provision to obtain injunctive relief and claim damages for loss resulting from acts of infringement or unfair competition. There is currently no second-tier patent protection system in Sri Lanka. The Articles includes, What are the costs of registering and defending a trademark? The number of innovations developed by business enterprises is greater than those engineered by the government sector and the higher education sector. %PDF-1.3 %���� Thus, innovation and creativity drivers, based on traditional engineering technologies, are now reliant on automated, computerised methods. How big is the problem of counterfeiting in your jurisdiction? Worldwide, steps are taken to strengthen IPR regimes in the digital age. The Code of Intellectual Property Act No.52of 1979 was repealed and the Intellectual Property Act No.36 of 2003 was introduced in 2003. The EPO has invested heavily in recruiting appropriate patent examiners to address the multidisciplinary nature of the 4IR. The graph below indicates that trademarks, copyrights, and trade secrets are the most popular IP protection methods in Sri Lanka. To facilitate performance of this ex officio action, it has established an Intellectual Property Rights (IPR) Enforcement Unit. 0000079352 00000 n A complaint can be lodged by the Intellectual Property Right holder with the Commercial Criminal Division of the CID who upon investigation may institute proceedings before the Magistrate Court. Enhancing consumer awareness regarding adverse effects of using substandard products. What are the best strategies for dealing with the problem? Notably in 2010 the CID raided a limited liability company suspected of infringing the intellectual property rights of the Business Software Alliance members, Adobe, Autodesk and Microsoft by using pirated and unlicensed software in the course of running its business. ♦ Take action as per the complaint of Right Holder to detain the goods. 52 of 1979. Since enacting Sri Lanka’s IPR Act in 2003, the country has not yet made any national policies, strategies, etc., to enforce patent protection for new plant varieties. It is also important to provide IPR policy management for research institutes, universities, and other higher education facilities, especially in the areas of commercialisation, research collaboration, and ownership of innovation. This often results in narrow claims/inaccurate descriptions. Represent Sri Lanka Customs in national and international seminars, conferences and workshops related to subject matters of the unit. Accordingly, a special Government Gazette Notification Extraordinary No.1523/22 of 15.11.2007 was issued by the Finance Minister with 12 Articles and the specimen Application form of requesting to suspend clearance of suspected counterfeit goods. Further, Sri Lanka is a party to the Berne Convention for the Protection of Literary and Artistic Works and the Universal Copyright Convention. With the implementation of the 4IR, the focus of protection needs to expand into intangible items such as methodologies, data ownership, configuration of virtual systems, processing algorithms, and brand recognition. In Sri Lanka Intellectual Property is protected by the provisions of the Intellectual Property Act No 36 of 2003 which replaced the Code of Intellectual Property Act No. Series of raids were conducted on retailers in the Pettah and Boralesamuwa areas who were producing large quantities of fake team “event” shirts. (NIPO) Moreover, the EU recently implemented the General Data Protection Regulation (GDPR), especially to protect the processing and transferring of personal data.
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