Industrial Designs
Legal Basis
– Intellectual Property Act No. 36 of 2003, in force since November 12, 2003.
– Intellectual Property Regulations No. 01 of 2006, in force since October 16, 2006.
– Intellectual Property (Amendment) Act No. 7 of 2018, in force since March 28, 2018.
– Intellectual Property (Amendment) Act No. 8 of 2021, in force since January 18, 2021.
– Intellectual Property (Amendment) Act No. 8 of 2022, in force since March 16, 2022.
Membership in International Conventions
– Paris Convention for the Protection of Industrial Property, London Act, and Articles 13 to 30 Stockholm Act.
– Convention Establishing the World Intellectual Property Organization (WIPO), since September 20, 1978.
– WTO’s TRIPS Agreement, since January 1, 1995.
Filing
Applicant: any person who is the creator of a new industrial design or his assignee may apply.
Foreigners and nationals not living in the country: may apply through an authorized agent in Sri Lanka.
Novelty: a design is considered novel if it is new and original and not previously published.
Priority: International Convention of Paris.
Nullification: possible if design is not novel or is scandalous, immoral or is likely to offend religious susceptibilities.
Territory covered: Sri Lanka.
Filing requirements for an application(to be sent to resident agent):
1. Application signed by the applicant or his authorized agent;
2. 1 specimen of the design or the following (each specimen shall be of a size not exceeding 20 x 20 x 20 cm):
(a) if the industrial design is two-dimensional, 1 photographic or graphic representation or 1 drawing or tracing;
(b) if the industrial design is three-dimensional, 2 photographic or graphic representations or 2 drawings or tracings, each showing a different aspect of the industrial design;
3. The application shall also state the products for which the design will be used.
Electronic filing: possible.
Electronic signatures: are accepted for simply signed documents, but not for notarially executed documents. Scanned copies of signed documents are accepted, however, the original must be sent at a later date.
Examination
Examination: the Office of the Director of Intellectual Property makes a search to determine whether the statutory formalities have been complied with. No search for previous similar designs.
Opposition before registration: possible within two months from publication of the application.
Protection
Beginning of protection: from the date of application.
Duration – extension: the registration is effective for a period of five years, which may be extended for two further periods of five years. The extension application must be filed before the expiry of the original term. A grace period of six months is allowed.
Nullification: proceedings available.
Licensing: allowed.
Modification of Protection after Registration
Opposition to registered models and designs: not provided for.
Annulment of registration: the court may rectify the Register.
Infringements and penalties: in the case of infringement, an injunction is issued and damages and a fine are payable to the registered owner of the design.