Intellectual property patent trade marks
“Above upload original content was Published on Apr 22, 2016 by WIPO, in the content Director General Francis Gurry takes stock of the discussions at the Conference on the Global Digital Content Market that took place from April 20-22, 2016 at WIPO Headquarters in Geneva, Switzerland.”
The creations of the human intellect that form the subject matter of intellectual property are generally characterized as non-rivalrous public goods. This means that the same intellectual product can be used simultaneously by multiple persons without reducing its availability to others.
We not only handle Intellectual Property registration processes, but also provide comprehensive services in Intellectual Property prosecution, brand management, customs recordation, and enforcement matters. Our firm represents a diverse range of distinguished corporate clients, including Daimler AG (Mercedes-Benz), Hero MotoCorp, and Emerson Electric Co. (a Missouri corporation), as well as small and medium-sized enterprises internationally.
We provide advice across the full spectrum of IP counselling and dispute resolution matters, including IP litigation and arbitration. We have extensive experience in managing disputes relating to trademarks, patents, copyrights, industrial designs, and trade secrets.
Our clients benefit from lawyers trained by WIPO and the USPTO across a variety of technical disciplines, with substantial experience in drafting, prosecution, enforcement, and advisory work covering all areas of intellectual property
Patents
We offer resourceful and effective service; delivering the suitable legal and technical services and matching the skills of our experts to your specific requirements. Our expertise comprehends the full spectrum of patent matters, from the initial stages of development, to multi-jurisdictional enforcement.
We provide
- Patent Registration under PCT route and National Phase.
- Patentability and patent filing patterns
- IP Audits, evaluating Risks and Due Diligence
- Patent enforcement, Patent Prosecution and dispute resolution
- Advice and Instructions on related rights.
Trademarks
Protecting a brand is all about Planning research and coordination. From filing mark to filing a lawsuit every single action needs to be in line with your commercial approach.
as long as a one stop shop for all legal requirements including the search, prosecution, enforcement and exploitation of trade marks. It’s this full-service approach and our unique expertise in prosecuting and enforcing brands that sets us unique. We regularly appear before the Commercial High courts and Supreme courts and we work closely with National Intellectual property office, customs officials to prevent counterfeit goods.
We provide
- Trademark Registration process [Search to registration]
- Custom Registration
- Trademark enforcement, Trademark Prosecution and dispute resolution
- Advice and Instructions on related rights.
- Brand protection
Designs
In an increasingly design- oriented world, a key distinctiveness between challenging products is their appearance. Companies are now beginning to fully aware of the fundamental role that design protection can perform in the commercial accomplishment of their products. And it’s not just the design of the product itself; the design of the packaging, marketing materials, letterings, logos, signs and GUIs can be equally as important. Understanding the different types of protection that is available to protect designs is more valuable than long ago. We believe that boosting the value of your designs requires a clear and coordinated strategy of both the preliminary protection of innovative designs (registered or unregistered rights) and the succeeding enforcement of those rights. We can help at every step, from design concept right through to market, providing a one-stop shop for filing, exploitation and enforcement.
We provide
- Design Registration process [Search to registration]
- Design enforcement, Design Prosecution and dispute resolution
- Advice and Instructions on related rights.
Copy rights
Our practice in the media, technology, communications and electronics sectors contributes to an exceptionally well-rounded understanding of copyright law and the integrated commercial issues. Copyright preserves the rights of the authors of literary and artistic works and ensures them the financial aids and appreciation thereby encouraging creativity in literary and artistic arenas and investment. Such creations boost financial development, enjoyment of life, education and culture. The economic rights can be assigned or licensed. The moral rights permanently belong to the author. We have leading attorneys, advising a diverse range of clients, which include both traditional and new companies. We devise copyright protection strategies in relation to literature and artistic works, music, film and much more.
We provide
- Copy right enforcement, Copy right Prosecution and dispute resolution
- Advice and Instructions on related rights
Trademark Registration in Sri Lanka – FAQs
What is a trademark?
A trademark is a word, name, logo, symbol, slogan, or sign used to distinguish the goods or services of one business from others.
Why should a trademark be registered in Sri Lanka?
Trademark registration provides exclusive legal rights and protects brands from unauthorized use within Sri Lanka.
What law governs trademark registration in Sri Lanka?
Trademark registration is governed by the Intellectual Property Act No. 36 of 2003.
Who can apply for trademark registration in Sri Lanka?
Individuals, startups, SMEs, corporates, and foreign entities may apply for trademark registration in Sri Lanka.
Can foreign companies register trademarks in Sri Lanka?
Yes. Foreign applicants must file through a local registered attorney or agent. Our Firm regularly assists foreign businesses with local filings.
Which authority registers trademarks in Sri Lanka?
Trademarks are registered with the National Intellectual Property Office (NIPO) of Sri Lanka.
Is trademark registration mandatory in Sri Lanka?
No. However, registered trademarks receive significantly stronger legal protection than unregistered marks.
What types of trademarks can be registered?
Word marks, logo marks, service marks, collective marks, certification marks, and three-dimensional marks may be registered.
What trademarks cannot be registered?
Marks that are descriptive, generic, deceptive, immoral, or confusingly similar to existing trademarks may be refused.
What is trademark distinctiveness?
Distinctiveness refers to a trademark’s ability to identify the source of goods or services and distinguish them from competitors.
How do I check trademark availability in Sri Lanka?
A trademark search can be conducted at NIPO to identify identical or similar existing trademarks.
Is a trademark search mandatory before filing?
No, but it is strongly recommended to reduce the risk of refusal or opposition.
How is a trademark application filed in Sri Lanka?
Applications are filed with NIPO together with the required documents and official fees. Our Firm manages the process from filing to registration.
What information is required for trademark registration?
Applicant details, a clear representation of the trademark, the class of goods or services, and a Power of Attorney (if applicable).
How are goods and services classified?
Sri Lanka follows the Nice Classification, which includes 45 classes of goods and services.
Can one application cover multiple classes?
No. Separate trademark applications must be filed for each class.
Is trademark examination conducted in Sri Lanka?
Yes. NIPO conducts both formal and substantive examination of trademark applications.
What happens if my trademark application is objected to?
Applicants may submit written responses and attend hearings before the Registrar to overcome objections.
What is trademark publication?
Accepted applications are published in the Government Gazette for public inspection.
What is trademark opposition?
Any third party may oppose a trademark application within three months from the date of publication.
What happens if my trademark is opposed?
Opposition proceedings are handled before NIPO, and applicants may submit evidence and legal arguments.
How long does trademark registration take in Sri Lanka?
Registration typically takes 12 to 18 months, if no objections or oppositions arise.
How long is a trademark valid in Sri Lanka?
A registered trademark is valid for 10 years from the filing date.
Can a trademark be renewed?
Yes. Trademarks can be renewed every 10 years indefinitely upon payment of renewal fees.
What happens if a trademark is not renewed?
If not renewed, the trademark will be removed from the register and legal protection will lapse.
What rights does a registered trademark owner have?
Owners have exclusive rights to use, license, assign, and enforce the trademark in Sri Lanka.
What is trademark infringement?
Trademark infringement occurs when an identical or confusingly similar mark is used without authorization.
What remedies are available for trademark infringement?
Remedies include injunctions, damages, and seizure or destruction of infringing goods.
Can a trademark be licensed or assigned?
Yes. Trademarks may be licensed or assigned, and such transactions should be recorded with NIPO.
Is trademark protection territorial?
Yes. Trademark protection applies only within Sri Lanka.
Can priority be claimed from a foreign trademark application?
Yes. Sri Lanka recognizes Paris Convention priority, if claimed within six months of the first filing.
Can a trademark be cancelled?
Yes. Trademarks may be cancelled for non-use, genericness, or wrongful registration.
What is non-use cancellation?
If a trademark is not used for five consecutive years, it may be subject to cancellation.
Can I use ™ or ® symbols in Sri Lanka?
™ may be used for unregistered trademarks, while ® may be used only after registration.
Can slogans and taglines be registered as trademarks?
Yes, provided they are distinctive and not descriptive or generic.
Are logos protected without registration?
Limited rights may exist through use, but registration provides stronger and enforceable protection.
Can startups register trademarks before launching a business?
Yes. Early trademark registration helps startups secure brand rights before market entry.
Do trademarks increase business value?
Yes. Registered trademarks are valuable intellectual property assets that enhance brand value and investor confidence.
Why is professional assistance important for trademark registration?
Trademark registration involves legal, strategic, and procedural considerations that impact enforceability.
How can Our Firm assist with trademark registration in Sri Lanka?
Our Firm assists startups, SMEs, corporates, and foreign companies with trademark searches, filing, prosecution, opposition handling, and enforcement strategies.
Patent Registration in Sri Lanka – FAQs (Including PCT Route)
What is a patent?
A patent is a legal right granted for an invention, giving the owner exclusive rights to make, use, sell, or license the invention in Sri Lanka.
Why should an invention be patented in Sri Lanka?
Patent protection prevents unauthorized use, enhances commercial value, and supports innovation-driven businesses in Sri Lanka.
What law governs patent registration in Sri Lanka?
Patents in Sri Lanka are governed by the Intellectual Property Act No. 36 of 2003.
Who can apply for a patent in Sri Lanka?
Individuals, startups, SMEs, corporates, research institutions, and foreign companies may apply for patent registration in Sri Lanka.
Can foreign companies register patents in Sri Lanka?
Yes. Foreign applicants must file through a local registered patent attorney or agent. Our Firm regularly assists foreign applicants with Sri Lankan patent filings.
Which authority handles patent registration in Sri Lanka?
Patent applications are examined and registered by the National Intellectual Property Office (NIPO) of Sri Lanka.
What inventions are patentable in Sri Lanka?
An invention must be new, involve an inventive step, and be industrially applicable to qualify for patent protection.
What inventions are not patentable?
Discoveries, scientific theories, business methods, methods of medical treatment, and inventions contrary to public order or morality are not patentable.
What types of patents are available in Sri Lanka?
Sri Lanka provides protection primarily for invention patents. Utility model protection is not currently available.
How do I file a patent application in Sri Lanka?
Patent applications are filed directly with NIPO or via the PCT national phase. Our Firm manages both routes from filing to grant.
What documents are required for patent registration?
Key documents include the patent specification, claims, abstract, drawings (if any), applicant and inventor details, and a Power of Attorney.
Is patent examination conducted in Sri Lanka?
Yes. Patent applications undergo formal and substantive examination by NIPO.
How long does patent registration take in Sri Lanka?
Patent registration typically takes 2 to 4 years, depending on examination timelines and any objections.
How long is a patent valid in Sri Lanka?
A granted patent is valid for 20 years from the filing date, subject to payment of annual maintenance fees.
Are annual renewal fees required for patents?
Yes. Annual maintenance fees must be paid to keep the patent in force.
What is the Patent Cooperation Treaty (PCT)?
The PCT is an international system that allows applicants to seek patent protection in multiple countries through a single international application.
Is Sri Lanka a member of the PCT?
Yes. Sri Lanka is a member of the Patent Cooperation Treaty.
What is the PCT national phase in Sri Lanka?
The national phase is the stage where a PCT application is entered into Sri Lanka for examination and grant under local law.
What is the deadline for entering the PCT national phase in Sri Lanka?
PCT applications must enter the Sri Lankan national phase within 30 months from the earliest priority date.
What documents are required for PCT national phase entry?
Typically required documents include the international application, amendments (if any), translations (if applicable), and a Power of Attorney.
Can I claim priority from a foreign patent application?
Yes. Sri Lanka recognizes Paris Convention priority, provided the application is filed within six months of the first filing.
Is examination required for PCT national phase applications?
Yes. PCT national phase applications undergo substantive examination by NIPO, similar to direct filings.
Can amendments be made to a patent application?
Yes. Amendments may be made during prosecution, subject to Sri Lankan patent law requirements.
Can patent applications be opposed in Sri Lanka?
Yes. Patent applications may be subject to opposition during prescribed stages of the registration process.
What rights does a patent owner have in Sri Lanka?
Patent owners have exclusive rights to prevent others from making, using, selling, or importing the patented invention without authorization.
What is patent infringement?
Patent infringement occurs when a patented invention is used or commercialized without the patent owner’s consent.
What remedies are available for patent infringement?
Remedies include injunctions, damages, and seizure of infringing products.
Can a patent be licensed or assigned?
Yes. Patents may be licensed or assigned, and such transactions should be recorded with NIPO.
What happens if a patent is not worked in Sri Lanka?
If a patent is not sufficiently worked, it may be subject to compulsory licensing under Sri Lankan law.
Can a patent be cancelled or invalidated?
Yes. A patent may be invalidated if it does not meet patentability requirements or for other legal grounds.
Should startups file patents before public disclosure?
Yes. Public disclosure before filing may destroy novelty and affect patentability.
Are software-related inventions patentable in Sri Lanka?
Software-related inventions may be patentable if they demonstrate a technical effect beyond a mere computer program.
Can universities and research institutions file patents?
Yes. Universities and research institutions may file patents and commercialize innovations through licensing.
Do patents increase business valuation?
Yes. Patents are valuable IP assets that enhance investor confidence and commercialization opportunities.
Is professional assistance important for patent drafting?
Yes. Patent drafting requires technical and legal expertise to ensure enforceability and commercial value.
Can Sri Lankan patents be enforced in court?
Yes. Patent rights may be enforced through civil litigation in Sri Lankan courts.
Can a single invention be protected in multiple countries?
Yes. This can be achieved through separate national filings or via the PCT route.
What are the advantages of the PCT route?
The PCT route provides time, flexibility, and strategic decision-making for international patent protection.
Is the PCT route suitable for startups and SMEs?
Yes. The PCT route is particularly useful for startups seeking international protection while managing costs.
How can Our Firm assist with patent and PCT filings in Sri Lanka?
Our Firm assists startups, SMEs, corporates, and foreign companies with patent drafting, direct filings, PCT national phase entry, prosecution, and enforcement strategies in Sri Lanka.
Industrial Design Registration in Sri Lanka – FAQs
What is an industrial design?
An industrial design protects the visual or aesthetic features of a product, such as its shape, configuration, pattern, or surface decoration.
Why should an industrial design be registered in Sri Lanka?
Registration grants exclusive legal rights and prevents competitors from copying or imitating the design in the Sri Lankan market.
Which law governs industrial design registration in Sri Lanka?
Industrial designs are governed by the Intellectual Property Act No. 36 of 2003.
Who can apply for industrial design registration?
Individuals, startups, SMEs, corporates, and foreign entities may apply for industrial design registration in Sri Lanka.
Can foreign applicants register an industrial design in Sri Lanka?
Yes. Foreign applicants must file through a local registered attorney or agent. Our Firm regularly assists foreign companies with local filings.
Which authority registers industrial designs in Sri Lanka?
Industrial designs are registered with the National Intellectual Property Office (NIPO) of Sri Lanka.
What types of designs can be registered?
Designs that are new, original, and non-functional, and not contrary to public order or morality, may be registered.
What designs are not eligible for registration?
Purely functional designs, designs lacking novelty, or designs identical or substantially similar to existing designs may be refused.
Is novelty required for industrial design registration?
Yes. The design must be new and not disclosed to the public anywhere in the world before the filing date.
How do I file an industrial design application in Sri Lanka?
An application is filed with NIPO along with clear representations of the design and the prescribed official fees. Our Firm manages the entire filing process on behalf of clients.
What documents are required for registration?
Typically required documents include:
- Application details
- Clear drawings or photographs of the design
- Applicant information
- Power of Attorney (if filed through an agent)
Is examination conducted for industrial designs?
Yes. NIPO conducts both formal and substantive examination before registration.
How long does industrial design registration take in Sri Lanka?
Registration usually takes 6 to 12 months, subject to objections or administrative delays.
How long is an industrial design valid?
An industrial design is initially valid for 5 years from the filing date.
Can an industrial design be renewed?
Yes. It can be renewed for two additional five-year periods, up to a maximum of 15 years.
What rights does a registered design owner have?
The owner has exclusive rights to make, sell, import, license, or commercialize products incorporating the registered design.
Can an industrial design be licensed or assigned?
Yes. Industrial designs may be licensed or assigned, and such transactions should be recorded with NIPO.
Can I claim priority from a foreign design application?
Yes. Sri Lanka recognizes Paris Convention priority, provided the application is filed within six months of the first foreign filing.
What constitutes industrial design infringement?
Infringement occurs when a registered design is used, copied, or commercialized without the owner’s authorization.
Why work with an IP law firm for design registration?
Industrial design protection requires careful drafting and compliance. Our Firm assists startups, SMEs, corporates, and foreign companies in securing strong and enforceable design rights in Sri Lanka.
What is a trademark?
A trademark is a word, name, logo, symbol, slogan, or sign used to distinguish the goods or services of one business from others.
Why should a trademark be registered in Sri Lanka?
Trademark registration provides exclusive legal rights and protects brands from unauthorized use within Sri Lanka.
What law governs trademark registration in Sri Lanka?
Trademark registration is governed by the Intellectual Property Act No. 36 of 2003.
Who can apply for trademark registration in Sri Lanka?
Individuals, startups, SMEs, corporates, and foreign entities may apply for trademark registration in Sri Lanka.
Can foreign companies register trademarks in Sri Lanka?
Yes. Foreign applicants must file through a local registered attorney or agent. Our Firm regularly assists foreign businesses with local filings.
Which authority registers trademarks in Sri Lanka?
Trademarks are registered with the National Intellectual Property Office (NIPO) of Sri Lanka.
Is trademark registration mandatory in Sri Lanka?
No. However, registered trademarks receive significantly stronger legal protection than unregistered marks.
What types of trademarks can be registered?
Word marks, logo marks, service marks, collective marks, certification marks, and three-dimensional marks may be registered.
What trademarks cannot be registered?
Marks that are descriptive, generic, deceptive, immoral, or confusingly similar to existing trademarks may be refused.
What is trademark distinctiveness?
Distinctiveness refers to a trademark’s ability to identify the source of goods or services and distinguish them from competitors.
How do I check trademark availability in Sri Lanka?
A trademark search can be conducted at NIPO to identify identical or similar existing trademarks.
Is a trademark search mandatory before filing?
No, but it is strongly recommended to reduce the risk of refusal or opposition.
How is a trademark application filed in Sri Lanka?
Applications are filed with NIPO together with the required documents and official fees. Our Firm manages the process from filing to registration.
What information is required for trademark registration?
Applicant details, a clear representation of the trademark, the class of goods or services, and a Power of Attorney (if applicable).
How are goods and services classified?
Sri Lanka follows the Nice Classification, which includes 45 classes of goods and services.
Can one application cover multiple classes?
No. Separate trademark applications must be filed for each class.
Is trademark examination conducted in Sri Lanka?
Yes. NIPO conducts both formal and substantive examination of trademark applications.
What happens if my trademark application is objected to?
Applicants may submit written responses and attend hearings before the Registrar to overcome objections.
What is trademark publication?
Accepted applications are published in the Government Gazette for public inspection.
What is trademark opposition?
Any third party may oppose a trademark application within three months from the date of publication.
What happens if my trademark is opposed?
Opposition proceedings are handled before NIPO, and applicants may submit evidence and legal arguments.
How long does trademark registration take in Sri Lanka?
Registration typically takes 12 to 18 months, if no objections or oppositions arise.
How long is a trademark valid in Sri Lanka?
A registered trademark is valid for 10 years from the filing date.
Can a trademark be renewed?
Yes. Trademarks can be renewed every 10 years indefinitely upon payment of renewal fees.
What happens if a trademark is not renewed?
If not renewed, the trademark will be removed from the register and legal protection will lapse.
What rights does a registered trademark owner have?
Owners have exclusive rights to use, license, assign, and enforce the trademark in Sri Lanka.
What is trademark infringement?
Trademark infringement occurs when an identical or confusingly similar mark is used without authorization.
What remedies are available for trademark infringement?
Remedies include injunctions, damages, and seizure or destruction of infringing goods.
Can a trademark be licensed or assigned?
Yes. Trademarks may be licensed or assigned, and such transactions should be recorded with NIPO.
Is trademark protection territorial?
Yes. Trademark protection applies only within Sri Lanka.
Can priority be claimed from a foreign trademark application?
Yes. Sri Lanka recognizes Paris Convention priority, if claimed within six months of the first filing.
Can a trademark be cancelled?
Yes. Trademarks may be cancelled for non-use, genericness, or wrongful registration.
What is non-use cancellation?
If a trademark is not used for five consecutive years, it may be subject to cancellation.
Can I use ™ or ® symbols in Sri Lanka?
™ may be used for unregistered trademarks, while ® may be used only after registration.
Can slogans and taglines be registered as trademarks?
Yes, provided they are distinctive and not descriptive or generic.
Are logos protected without registration?
Limited rights may exist through use, but registration provides stronger and enforceable protection.
Can startups register trademarks before launching a business?
Yes. Early trademark registration helps startups secure brand rights before market entry.
Do trademarks increase business value?
Yes. Registered trademarks are valuable intellectual property assets that enhance brand value and investor confidence.
Why is professional assistance important for trademark registration?
Trademark registration involves legal, strategic, and procedural considerations that impact enforceability.
How can Our Firm assist with trademark registration in Sri Lanka?
Our Firm assists startups, SMEs, corporates, and foreign companies with trademark searches, filing, prosecution, opposition handling, and enforcement strategies.
What is a patent?
A patent is a legal right granted for an invention, giving the owner exclusive rights to make, use, sell, or license the invention in Sri Lanka.
Why should an invention be patented in Sri Lanka?
Patent protection prevents unauthorized use, enhances commercial value, and supports innovation-driven businesses in Sri Lanka.
What law governs patent registration in Sri Lanka?
Patents in Sri Lanka are governed by the Intellectual Property Act No. 36 of 2003.
Who can apply for a patent in Sri Lanka?
Individuals, startups, SMEs, corporates, research institutions, and foreign companies may apply for patent registration in Sri Lanka.
Can foreign companies register patents in Sri Lanka?
Yes. Foreign applicants must file through a local registered patent attorney or agent. Our Firm regularly assists foreign applicants with Sri Lankan patent filings.
Which authority handles patent registration in Sri Lanka?
Patent applications are examined and registered by the National Intellectual Property Office (NIPO) of Sri Lanka.
What inventions are patentable in Sri Lanka?
An invention must be new, involve an inventive step, and be industrially applicable to qualify for patent protection.
What inventions are not patentable?
Discoveries, scientific theories, business methods, methods of medical treatment, and inventions contrary to public order or morality are not patentable.
What types of patents are available in Sri Lanka?
Sri Lanka provides protection primarily for invention patents. Utility model protection is not currently available.
How do I file a patent application in Sri Lanka?
Patent applications are filed directly with NIPO or via the PCT national phase. Our Firm manages both routes from filing to grant.
What documents are required for patent registration?
Key documents include the patent specification, claims, abstract, drawings (if any), applicant and inventor details, and a Power of Attorney.
Is patent examination conducted in Sri Lanka?
Yes. Patent applications undergo formal and substantive examination by NIPO.
How long does patent registration take in Sri Lanka?
Patent registration typically takes 2 to 4 years, depending on examination timelines and any objections.
How long is a patent valid in Sri Lanka?
A granted patent is valid for 20 years from the filing date, subject to payment of annual maintenance fees.
Are annual renewal fees required for patents?
Yes. Annual maintenance fees must be paid to keep the patent in force.
What is the Patent Cooperation Treaty (PCT)?
The PCT is an international system that allows applicants to seek patent protection in multiple countries through a single international application.
Is Sri Lanka a member of the PCT?
Yes. Sri Lanka is a member of the Patent Cooperation Treaty.
What is the PCT national phase in Sri Lanka?
The national phase is the stage where a PCT application is entered into Sri Lanka for examination and grant under local law.
What is the deadline for entering the PCT national phase in Sri Lanka?
PCT applications must enter the Sri Lankan national phase within 30 months from the earliest priority date.
What documents are required for PCT national phase entry?
Typically required documents include the international application, amendments (if any), translations (if applicable), and a Power of Attorney.
Can I claim priority from a foreign patent application?
Yes. Sri Lanka recognizes Paris Convention priority, provided the application is filed within six months of the first filing.
Is examination required for PCT national phase applications?
Yes. PCT national phase applications undergo substantive examination by NIPO, similar to direct filings.
Can amendments be made to a patent application?
Yes. Amendments may be made during prosecution, subject to Sri Lankan patent law requirements.
Can patent applications be opposed in Sri Lanka?
Yes. Patent applications may be subject to opposition during prescribed stages of the registration process.
What rights does a patent owner have in Sri Lanka?
Patent owners have exclusive rights to prevent others from making, using, selling, or importing the patented invention without authorization.
What is patent infringement?
Patent infringement occurs when a patented invention is used or commercialized without the patent owner’s consent.
What remedies are available for patent infringement?
Remedies include injunctions, damages, and seizure of infringing products.
Can a patent be licensed or assigned?
Yes. Patents may be licensed or assigned, and such transactions should be recorded with NIPO.
What happens if a patent is not worked in Sri Lanka?
If a patent is not sufficiently worked, it may be subject to compulsory licensing under Sri Lankan law.
Can a patent be cancelled or invalidated?
Yes. A patent may be invalidated if it does not meet patentability requirements or for other legal grounds.
Should startups file patents before public disclosure?
Yes. Public disclosure before filing may destroy novelty and affect patentability.
Are software-related inventions patentable in Sri Lanka?
Software-related inventions may be patentable if they demonstrate a technical effect beyond a mere computer program.
Can universities and research institutions file patents?
Yes. Universities and research institutions may file patents and commercialize innovations through licensing.
Do patents increase business valuation?
Yes. Patents are valuable IP assets that enhance investor confidence and commercialization opportunities.
Is professional assistance important for patent drafting?
Yes. Patent drafting requires technical and legal expertise to ensure enforceability and commercial value.
Can Sri Lankan patents be enforced in court?
Yes. Patent rights may be enforced through civil litigation in Sri Lankan courts.
Can a single invention be protected in multiple countries?
Yes. This can be achieved through separate national filings or via the PCT route.
What are the advantages of the PCT route?
The PCT route provides time, flexibility, and strategic decision-making for international patent protection.
Is the PCT route suitable for startups and SMEs?
Yes. The PCT route is particularly useful for startups seeking international protection while managing costs.
How can Our Firm assist with patent and PCT filings in Sri Lanka?
Our Firm assists startups, SMEs, corporates, and foreign companies with patent drafting, direct filings, PCT national phase entry, prosecution, and enforcement strategies in Sri Lanka.
Industrial Design Registration in Sri Lanka – FAQs
What is an industrial design?
An industrial design protects the visual or aesthetic features of a product, such as its shape, configuration, pattern, or surface decoration.
Why should an industrial design be registered in Sri Lanka?
Registration grants exclusive legal rights and prevents competitors from copying or imitating the design in the Sri Lankan market.
Which law governs industrial design registration in Sri Lanka?
Industrial designs are governed by the Intellectual Property Act No. 36 of 2003.
Who can apply for industrial design registration?
Individuals, startups, SMEs, corporates, and foreign entities may apply for industrial design registration in Sri Lanka.
Can foreign applicants register an industrial design in Sri Lanka?
Yes. Foreign applicants must file through a local registered attorney or agent. Our Firm regularly assists foreign companies with local filings.
Which authority registers industrial designs in Sri Lanka?
Industrial designs are registered with the National Intellectual Property Office (NIPO) of Sri Lanka.
What types of designs can be registered?
Designs that are new, original, and non-functional, and not contrary to public order or morality, may be registered.
What designs are not eligible for registration?
Purely functional designs, designs lacking novelty, or designs identical or substantially similar to existing designs may be refused.
Is novelty required for industrial design registration?
Yes. The design must be new and not disclosed to the public anywhere in the world before the filing date.
How do I file an industrial design application in Sri Lanka?
An application is filed with NIPO along with clear representations of the design and the prescribed official fees. Our Firm manages the entire filing process on behalf of clients.
What documents are required for registration?
Typically required documents include:
- Application details
- Clear drawings or photographs of the design
- Applicant information
- Power of Attorney (if filed through an agent)
Is examination conducted for industrial designs?
Yes. NIPO conducts both formal and substantive examination before registration.
How long does industrial design registration take in Sri Lanka?
Registration usually takes 6 to 12 months, subject to objections or administrative delays.
How long is an industrial design valid?
An industrial design is initially valid for 5 years from the filing date.
Can an industrial design be renewed?
Yes. It can be renewed for two additional five-year periods, up to a maximum of 15 years.
What rights does a registered design owner have?
The owner has exclusive rights to make, sell, import, license, or commercialize products incorporating the registered design.
Can an industrial design be licensed or assigned?
Yes. Industrial designs may be licensed or assigned, and such transactions should be recorded with NIPO.
Can I claim priority from a foreign design application?
Yes. Sri Lanka recognizes Paris Convention priority, provided the application is filed within six months of the first foreign filing.
What constitutes industrial design infringement?
Infringement occurs when a registered design is used, copied, or commercialized without the owner’s authorization.
Why work with an IP law firm for design registration?
Industrial design protection requires careful drafting and compliance. Our Firm assists startups, SMEs, corporates, and foreign companies in securing strong and enforceable design rights in Sri Lanka.
What is an industrial design?
An industrial design protects the visual or aesthetic features of a product, such as its shape, configuration, pattern, or surface decoration.
Why should an industrial design be registered in Sri Lanka?
Registration grants exclusive legal rights and prevents competitors from copying or imitating the design in the Sri Lankan market.
Which law governs industrial design registration in Sri Lanka?
Industrial designs are governed by the Intellectual Property Act No. 36 of 2003.
Who can apply for industrial design registration?
Individuals, startups, SMEs, corporates, and foreign entities may apply for industrial design registration in Sri Lanka.
Can foreign applicants register an industrial design in Sri Lanka?
Yes. Foreign applicants must file through a local registered attorney or agent. Our Firm regularly assists foreign companies with local filings.
Which authority registers industrial designs in Sri Lanka?
Industrial designs are registered with the National Intellectual Property Office (NIPO) of Sri Lanka.
What types of designs can be registered?
Designs that are new, original, and non-functional, and not contrary to public order or morality, may be registered.
What designs are not eligible for registration?
Purely functional designs, designs lacking novelty, or designs identical or substantially similar to existing designs may be refused.
Is novelty required for industrial design registration?
Yes. The design must be new and not disclosed to the public anywhere in the world before the filing date.
How do I file an industrial design application in Sri Lanka?
An application is filed with NIPO along with clear representations of the design and the prescribed official fees. Our Firm manages the entire filing process on behalf of clients.
What documents are required for registration?
Typically required documents include:
- Application details
- Clear drawings or photographs of the design
- Applicant information
- Power of Attorney (if filed through an agent)
Is examination conducted for industrial designs?
Yes. NIPO conducts both formal and substantive examination before registration.
How long does industrial design registration take in Sri Lanka?
Registration usually takes 6 to 12 months, subject to objections or administrative delays.
How long is an industrial design valid?
An industrial design is initially valid for 5 years from the filing date.
Can an industrial design be renewed?
Yes. It can be renewed for two additional five-year periods, up to a maximum of 15 years.
What rights does a registered design owner have?
The owner has exclusive rights to make, sell, import, license, or commercialize products incorporating the registered design.
Can an industrial design be licensed or assigned?
Yes. Industrial designs may be licensed or assigned, and such transactions should be recorded with NIPO.
Can I claim priority from a foreign design application?
Yes. Sri Lanka recognizes Paris Convention priority, provided the application is filed within six months of the first foreign filing.
What constitutes industrial design infringement?
Infringement occurs when a registered design is used, copied, or commercialized without the owner’s authorization.
Why work with an IP law firm for design registration?
Industrial design protection requires careful drafting and compliance. Our Firm assists startups, SMEs, corporates, and foreign companies in securing strong and enforceable design rights in Sri Lanka.