SRI LANKA Law and Practice Contributed by: Anomi Wanigasekera, Sabeera Shariff and Saambavi Siththananthan, Julius & Creasy
Limitation of Rights According to Section 122 of the IP Act, the registration of the mark shall not confer on its registered owner the right to preclude third parties: • from using their bona fide names, addresses, pseudonyms, a geographical name, or exact indications concerning the kind, quality, quantity, destination, value, place of origin or time of pro - duction or of supply of their goods and services, in so far as such use is confined to the purposes of mere identification or information and cannot mislead the public as to the source of the goods or services; and • from using the mark in relation to goods lawfully manufactured, imported, offered for sale, sold, used or stocked in Sri Lanka under that mark, provided that such goods have not undergone any change. 2.4 Use in Commerce See 2.2 Essential Elements of Trade Mark Protection regarding the term “use”. 2.5 Notices and Symbols There is no requirement under statute to use a symbol to denote that a mark is registered. However, according to Section 185 of the IP Act, false representation regarding marks is an offence. A person shall be deemed to represent a mark as reg - istered if, in connection with the mark, they use the word “registered” or any word or sign expressing or implying that registration has been obtained for the mark. Hence, any person shall commit an offence who, for industrial or commercial purposes, makes a represen - tation: • with respect to a mark not being a registered mark to the effect that it is a registered mark; • to the effect that a registered mark is registered in respect of any goods or services regarding which registration has not been carried out; or • to the effect that the registration of a mark gives an exclusive right to the use thereof in any cir -
cumstances, in which, having regard to limitations recorded in the register, the registration does not give that right. 2.6 Related Rights Trade marks may also be protected by copyright in the case of logos or composite marks. 3. Copyright Ownership, Protection and Rights 3.1 Types of Copyrightable Works The IP Act and regulations passed thereunder govern copyright in Sri Lanka. According to Section 6 (1) of the IP Act, the following works are protected: • books, pamphlets, articles, computer programs and other writings; • speeches, lectures, addresses, sermons and other oral works; • dramatic, dramatic-musical works, pantomimes, choreographic works and other works created for stage productions; • stage production of works specified in paragraph (c) and expressions of folklore that are apt for such productions; • musical works, with or without accompanying words; • audio-visual works; • works of architecture; • works of drawing, painting, sculpture, engraving, lithography, tapestry and other works of fine art; • photographic works; • works of applied art; and • illustrations, maps, plans, sketches and three- dimensional works relative to geography, topogra - phy, architecture or science. 3.2 Essential Elements of Copyright Protection Original intellectual creations in the literary, artistic and scientific domain shall be protected. Originality, expression of ideas, content, quality, purpose, formali - ties and fixation are the basic norms to be considered.
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