SRI LANKA Law and Practice Contributed by: Ayanthi Abeyawickrama, Varners
7.4 Copyright Copyright is the exclusive legal right granted to the authors and creators of original literary, artistic, musi - cal and dramatic works, as well as software, films, broadcasts and sound recordings. It protects both economic rights (such as reproduction, distribution and public communication) and moral rights (such as the right of attribution and integrity). In Sri Lanka, it is governed by the Intellectual Property Act, No 36 of 2003. Copyright arises automatically upon the creation and fixation of a work in a tangible form without the need for registration. The duration of protection depends on the type of work: • for all copyrightable works (ie, literary, artistic and musical works) – the life of the author plus 70 years after death; • for cinematographic films and sound recordings – 70 years from the date of publication; • for applied art – 25 years from the year of creation or publication, whichever is earlier; and • for anonymous or pseudonymous works – 70 years from the date the work was first made available to the public, unless the identity of the author is revealed earlier. Enforcement of copyright may be pursued through civil or criminal proceedings. Civil remedies include injunc - tions, damages and orders for delivery or destruction of infringing copies. In criminal matters, wilful infringe - ment can attract fines or imprisonment. Legal action for infringement must be instituted within three years of the offence or two years from its discovery by the prosecutor, whichever occurs first. Customs authori - ties may seize pirated or counterfeit goods at the bor - der upon the request of the rights-holder. 7.5 Others The Intellectual Property Act, No 36 of 2003 extends protection to additional categories of intellectual property beyond traditional patents, trade marks and designs. Geographical indications (GIs) are protected in Sri Lanka under the Intellectual Property Act. A GI is a
sition is filed or if opposition is unsuccessful, the trade mark is registered, and a certificate is issued. Enforcement of trade marks can be pursued through civil or criminal proceedings. Civil remedies include injunctions, damages, account of profits, and orders for the destruction or forfeiture of infringing goods. In criminal cases, wilful infringement can attract fines or imprisonment. Legal action for infringement must be instituted within three years of the offence or two years from its discovery by the prosecutor, which - ever occurs first. Sri Lanka Customs is empowered to detain suspected counterfeit goods at the border. 7.3 Industrial Designs An industrial design is the visual appearance of a product, such as its shape, pattern or combination of colours, that makes it look special or unique. It can be a flat design or a 3D form, and it must be something that can be used as a pattern for making items in industries or by craftsmen and is not dictated solely by function. Industrial designs are protected under the Intellectual Property Act, No 36 of 2003. Protection is granted for an initial period of five years from the date of application, and may be renewed twice, each time for an additional five years, allowing for a maximum duration of 15 years. To obtain protec - tion, an application must be filed with NIPO, including clear representations or drawings of the design and a description. The application undergoes formal and substantive examination to confirm that the design is new and original. Once approved, the design is regis - tered and published in the Government Gazette, and a certificate of registration is issued. Enforcement of design rights can be undertaken through civil proceedings, such as for injunctive relief, damages or account of profits. In cases of wil - ful infringement, criminal sanctions may also be pur - sued. Legal action for infringement must be instituted within three years of the offence or two years from its discovery by the prosecutor, whichever occurs first. Sri Lanka Customs can assist by seizing infringing or counterfeit goods at the border upon request by the rights-holder.
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