SRI LANKA Trends and Developments Contributed by: Anomi Wanigasekera, Charuni Hewage and Sabeera Shariff, Julius & Creasy
Julius & Creasy No 371, R. A. De Mel Mawatha Colombo 03 Sri Lanka Tel: +94 11 2422601 Fax: +94 11 2446663
Email: anomi@juliusandcreasy.lk Web: www.juliusandcreasy.com
Key Frameworks The following are some important foreign frameworks that influence Sri Lankan trade mark and copyright law. WIPO treaties Sri Lanka is a member of the WIPO, which administers several treaties relevant to trade mark law. The Paris Convention for the Protection of Industrial Property (1883) This convention provides a framework for protect - ing industrial property (including trade marks) across member states. As a signatory, Sri Lanka applies the principles of the Paris Convention, which allows for the protection of trade marks in other member coun - tries based on the first application in Sri Lanka. The Madrid Agreement concerning the international registration of marks, and the Protocol relating to the Madrid Agreement These two treaties establish a system for interna - tional registration of a mark. Natural individuals and legal companies that are connected to a contractual state under the Agreement or the Protocol by estab - lishment, domicile or nationality may apply for inter - national registration of a mark that is effective in the selected contracting states. Such applications are only permitted if the mark has already been registered with the trade mark office of the contracting state with which the applicant has the necessary connection (in the case of both the Agree - ment and the Protocol, or only the Agreement), or if at least a national application has been filed (in the case
In Sri Lanka, the legal framework governing intellectual property (IP) rights is embodied in Intellectual Property Act No 36 of 2003 (the “IP Act”), which consolidates laws relating to IP rights, including trade marks and copyright. The National Intellectual Property Office (NIPO) of Sri Lanka is the sole governmental author - ity responsible for overseeing IP rights in the country. IP rights are essential tools for fostering creativity, innovation and economic development. In Sri Lanka, trade marks and copyright play a significant role in both the business landscape and the cultural pres - ervation of the country. As global trade and digital platforms continue to increase, the protection of IP has become more vital for local firms, creators and the economy at large. Sri Lanka’s IP landscape has evolved significantly over the years, due to globalisation, technological advancement, e-commerce and the growth of digital content. Although regulatory and enforcement gaps remain in the digital environment, Sri Lanka has made notable progress in aligning its IP laws with interna - tional standards. International treaties and conventions significantly influence Sri Lanka’s IP law. The main international frameworks include World Intellectual Property Organ - ization (WIPO)-administered agreements (eg, the Paris Convention, Madrid Protocol) and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which provide a foundation for Sri Lanka’s IP protections and enforcement mechanisms.
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