SRI LANKA Law and Practice Contributed by: Ayanthi Abeyawickrama, Varners
abstract. The application undergoes a formal examination, followed by a substantive exami - nation and an international-type search report to determine novelty and patentability. If the exami - nation results are favourable and the invention is not challenged during the publication period, the patent is granted and published in the Gazette. Patent enforcement mechanisms include both civil and criminal remedies. The patent holder may file a civil action for infringement, seeking remedies such as injunctive relief, damages, account of profits or destruction of infringing goods. Infringement may also give rise to crimi - nal liability, including fines and imprisonment in aggravated cases. Prosecution must be com - menced within three years of the offence or with - in two years from its discovery by the prosecu - tor, whichever occurs first. In addition, Sri Lanka Customs is empowered to detain suspected counterfeit goods at the border upon request A trade mark is a visible sign capable of distin - guishing the goods or services of one enterprise from those of another. It may consist of words, names, symbols, logos, shapes or a combina - tion thereof. Trade mark protection is governed by the Intellectual Property Act, No 36 of 2003, and is granted for an initial term of ten years from the date of application, with the possibility of renewal for successive ten-year periods. by the rights-holder. 7.2 Trade Marks The registration process begins with filing an application at NIPO. The application undergoes a formal and substantive examination. If found acceptable, the mark is published in the Govern - ment Gazette, triggering a three-month opposi - tion period during which third parties may object to the registration. If no opposition 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 rem - edies include injunctions, damages, account of profits, and orders for the destruction or forfei - ture 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, whichever occurs first. Sri Lanka Customs is empowered to detain suspected counterfeit goods at the border. 7.3 Industrial Design An industrial design is the visual appearance of a product, such as its shape, pattern or combi - nation 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 that is not dictated solely by function. Indus - trial 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 protection, an application must be filed with NIPO, including clear rep - resentations 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 registered and published in the Gov - ernment Gazette, and a certificate of registration is issued.
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