Industrial Designs

– 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.