The processing of the application involves a number of work steps. The mark is examined to see whether it complies with formal requirements and whether it is not inadmissible under sections 103 and 104 of the Intellectual Property Act No. 36 of 2003.
If the mark is first accepted for the publication in the Gazette. A period of 3 months is given to the public for opposition after the publication. If there are no oppositions, the registration will be affected upon the payment of the registration fee.
A straightforward registration will take an approximate period of 2 years.
If there is any opposition, the IP Office will send the applicant a copy of it. Applicant is required to forward observations against the grounds of opposition and subsequently the Director General of IP will fix the matter for a hearing
Sri Lanka does not provide for a Multi class filing system and follows a single class filing system.
Applications maybe filed without an executed POA in favor of the Attorney/Agent, however an original POA must be filed within 3 months of submission of the Application to the NIPO.
Registering a mark in Black and white enhances the protection of a mark over registering the mark in Color, where the same will be restricted to the Colors claimed.
Fanciful or arbitrary marks are marks utilized for goods or services consist of a word or symbol that have no correlation to the products or services being offered/registered. (Ex: Apple for I-phones)
A straightforward registration will take approximately 2 years from the date of application for registration.
A Sri Lanka Trademark will be valid for a period of 10 years upon date of Registration.
Renewal Fees can be paid 6 months prior to the date of expiry or 6 months after the date of expiry. It is possible to renew a Trademark up to 6 months after the date of expiry subject a surcharge.
If the Certificate of Registration is issued after 10 years from filing the TM Application, the renewal fees are payable within 1 year of the issuance of the Certificate of Registration.
Trademark ownership could be assigned to a third-party pending Trademark Registration.
No. A Trademark license cannot be recorded at the National Intellectual Property Office pending registration of a Trademark.
An application can be filed at the National Intellectual Property Office (NIPO) using the prescribed form together with a document describing the invention clearly and completely along with the claims and the prescribed fee.
A search report prepared by an International Searching Authority (ISA) or alternatively, a request can be made to the NIPO to refer the application to a local patent examiner for a search report.
A local patent examiner will examine the application and the documents as to the requirements of the IP Act. If formal requirements are fulfilled and the application is filed along with relevant documents, the examination will be carried out to ascertain novelty.
If the patent application fulfills the criteria for patentability, the patent will be accepted.
The accepted application will be published in the government gazette and the patent will be granted if there are no oppositions against the granting of the Patent.
Usually, it takes about 18 to 24 months to grant a patent.
30 months from the filing date of the first patent application.
A patent is valid for 20 years from the date of filing or the date of priority claimed in the local patent application.
The patent must be renewed annually from the expiration of the second year from the date of grant by paying an annual fee (annuity). The Annuity can be paid 12 months prior to the date of expiry.
Failure to make the annuity payment can cause the patent to be considered as expired. However, a grace period of 06 months is provided for the payment of annuity after the expiry, subject to a surcharge.
– A duly executed Deed of Assignment signed by the Assignor and the Assignee.
– A Power of Attorney from the Assignor; and
– A Power of Attorney from the Assignee.
A patent protection is valid only in the country where it is granted. Therefore, individual patent applications should be made in the countries where patent protection is required within the time period allowed as per the applicable law of each such country.
Members of the Paris Convention can obtain patent protection for their inventions in any member country of the Paris Convention under the national law of the relevant country. Applicant can claim priority under the Paris Convention for the protection of Industrial Property in its member countries which means that claiming the effect of initial filing date in subsequent filing in other member states within 12 months from the date of first patent application filed. (PCT Application)
Any composition of lines or colors or any three-dimensional form, whether associated with lines or colors, that gives a special appearance to a product of industry or handicraft and is capable of serving as a pattern for a product of industry or handicraft is identified as an industrial design.
An application can be filed at the National Intellectual Property Office (NIPO) using the prescribed form together with a document describing the drawings clearly and completely along with the prescribed fee.
If formal requirements are fulfilled and the application is filed along with relevant documents, the examination will be carried out to ascertain novelty.
If the patent application fulfills the criteria for novelty, the industrial design will be accepted.
The accepted industrial design will be published in the government gazette and the industrial design will be granted if there are no oppositions against the granting of the industrial design.
Usually, it takes about 18 to 24 months to grant an industrial design
A registered design is protected for five years and renewable for two more terms of five years. (Total of 15 years from the date of filing of the design application)
– A duly executed Deed of Assignment signed by the Assignee and the Assignor.
– A Power of Attorney from the Assignee; and
– A Power of Attorney from the Assignor.
Priority can be claimed under the Paris Convention for the protection of Industrial Property in its member countries within 6 months from the date of first application filed
The Protection for copyright is granted without any formality such as registration in Sri Lanka. Copyright is protected from the day that the work is published/fixated.
Copyright in Sri Lanka is protected during the life of the author/creator and 70 years after the author’s/creator’s death. In the case of an ‘Anonymous works’ protection is for a period of 70 years. In the case of works of ‘Applied Art’, protection is for 25 years.
The works of authors/creators are protected in all the member countries of the Berne Convention for the Protection of Literary and Artistic Works and the national law of the particular country is applicable.
The owner of copyright can administer the rights individually. Alternatively, the owners can administer their rights collectively. The collective administration means that the owners form an organization which acts on their behalf in licensing the rights, collecting fees, monitoring use and infringement of rights and enforcement of rights.
Performers Rights, Sound Recordings and Broadcasts are protected in Sri Lanka. Duration of such protection is for a period of 50 years.
There is no specific law that governs the trademark registration in Maldives. Therefore, the trademarks are protected by the publication of Cautionary notices in the newspapers that circulate Maldives in English and the local language, “Dhivehi”.
There are no documentary requirements to publish cautionary notices in Maldives.
– Name and address of the trademark owner
– Status and nationality of the trademark owner
– JPEG image of the mark, in the event the mark, is a device or a logo mark
– Class or classes and specification of goods & services.
Since trademarks are not registered in Maldives, renewals of such registration does not arise. However, it is prudent tore-publish cautionary notices preferably every 2 to 3 years to assert the right.
Recordals of change of name/address are done by way of re-publishing a cautionary notice
The cost of publishing a cautionary notice depend on the size and the colors of the cautionary notice. The cost may be obtained by way of an inquiry.
Sri Lankan newspapers do not have a circulation in Maldives; therefore, cautionary notices must be published in a Maldivian newspaper.