SRI LANKA Law and Practice Contributed by: Anomi Wanigasekera, Sabeera Shariff and Saambavi Siththananthan, Julius & Creasy
moral rights is transmissible by testamentary disposi - tion or by operation of law, subsequent to the death of the author. Partial Assignments of Trade Marks or Copyright An application for the registration of a mark, or the registration of a mark, may, in terms of Section 123 (1), be assigned or transmitted independently of the transfer of all or part of the enterprise using the mark, in respect of all or part of the goods or services for which the application is filed or for which the mark is registered. The economic rights may be assigned or transferred in whole or in part. 6.2 Licensing Requirements or Restrictions Procedures, requirements or restrictions apply to licensing a trade mark or copyright. Trade Marks A licence contract must be made in writing and must be signed by the contracting parties or their author - ised agents. On a written request signed by or on behalf of the con - tracting parties, the Director-General is obligated to record in the register of marks such particulars relat - ing to a licence contract as the contracting parties are willing to have recorded. The parties are not required or bound to disclose or have recorded any other particulars relating to the contract. The Director-General records such particulars only upon payment of the prescribed fee. Copyright The owner of copyright may grant a licence to any person – natural or legal – to exercise economic rights (any or all). Every licence contract must be made in writing and signed by the licensor and the licensee. A licence contract does not cover any right that is not expressly referred to therein.
It should be noted that Sri Lankan copyright law does not provide for non-voluntary or compulsory licensing of copyright. Types of Licences Trade marks A licence can be either exclusive or non-exclusive. Where the licence is exclusive, the licensor is not competent to grant further licences to third parties unless otherwise agreed in the contract. Copyright The licence for copyright may take the form of an exclusive or non-exclusive licence agreement. An exclusive licence can sometime be interpreted as an assignment. 6.3 Registration or Recording of an Assignment or Licence If a trade mark assignment is not recorded, the change of ownership will not be reflected at the NIPO. Recording of the licence contract at the NIPO is not mandatory. 7. Initiating Trade Mark and Copyright Lawsuits 7.1 Timeframes for Filing Infringement Lawsuits The IP Act is silent on the limitation of time in civil liti - gation. The provisions of the Prescription Ordinance are therefore applicable. In terms of Section 9 of the Prescription Ordinance, where the damages are claimed as a remedy, the action must be commenced within two years from the time when the cause of action arose. In contrast, where the damages are not claimed as a remedy, the action must be commenced within three years from the time when such cause of action arose. Undue delay is a preliminary objection generally taken by a defendant.
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