SRI LANKA Law and Practice Contributed by: Anomi Wanigasekera, Sabeera Shariff and Saambavi Siththananthan, Julius & Creasy
royalty to a lyricist, musician or singer” as LKR20 per radio broadcast and LKR100 per television broadcast. 3.7 Copyright Registration There is no registration system for copyright in Sri Lanka under the IP Act. However, the works of Sri Lankan authors are protect - ed in all the member countries of the Berne Conven - tion for the Protection of Literary and Artistic Works, and the national law of the particular country is appli - cable. 3.8 Copyright Application Requirements This topic is not applicable. There is no registration system for copyright in Sri Lanka under the IP Act. 3.9 Refusal of Registration This topic is not applicable. There is no registration system for copyright in Sri Lanka under the IP Act. 3.10 Related Rights Copyright can also be protected by trade mark law – ie, device marks, composite marks. Under the IP Act (specifically Chapter II), rights of per - formers, producers of sound recordings, and broad - casting organisations are protected as “related rights/ neighbouring rights”. Section 17 deals with rights of performers, and Sec - tion 18 deals with rights of producers of song record - ings. Section 20 deals with rights of broadcasting organisations. 4. Trade Mark Registrations and Applications 4.1 Trade Mark Registration Registration grants exclusive rights and prima facie proof of ownership of a mark. The rights of the registered owner are mentioned in Section 121 of the IP Act. According to Section 121, the exclusive rights granted for the registered owner are the right to use the mark, to assign or transmit
the registration of the mark and to conclude licence contracts. It is not mandatory to register a mark in Sri Lanka. However, if a mark is registered, it will be protected against unfair competition and infringement (statutory protection). Unregistered marks are protected by the provisions of unfair competition under the IP Act. 4.2 Trade Mark Register There is a trade mark register at the NIPO. (See Sec - tion 113 of the IP Act.) Searches can be conducted before filing the applica - tion at the NIPO. This will help the applicant under - stand the probability of registration of the proposed trade mark. Searches are not mandatory before filing the application. 4.3 Term of Registration The registration is valid for ten years and can be renewed in consecutive periods of ten years, indefi - nitely. (See Section 119 of the IP Act.) If the renewal is not made at the correct time, the applicant has to file a fresh application for the trade mark. Renewal of registration of a mark shall not be subject to any further examination of the mark by the Director- General or to opposition by any person. The renewal fee should be paid within the 12 months preceding the date of expiry of the period of registration – pro - vided, however, that a six-month grace period shall be allowed for the payment of the fee after the date of such expiry, upon payment of such surcharge as may be prescribed. 4.4 Application Requirements Multi-class applications are not accepted in Sri Lanka; only single-class applications are accepted. The processing time of an application could take six to eight months, while the filing of the application until completion can take two to three years. The following documentation will be required to file a trade mark application in Sri Lanka:
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