Intellectual Property

• Coming into Force: 12 November 2003
• Act Number: 36
• Year: 2003
• Citation: No. 36 of 2003

Contenidos

• Short title.
• Appointment and powers of the Director-General. [§2, 8 of 2022]
• Director and Deputy Directors.
• Office and Maintenance of registers. [§3, 8 of 2022]
• Interpretation. [§2, 8 of 2021]
• Works Protected.
• Derivative works.
• Works not protected.
• Economic rights.
• Moral rights.
• Fair use.
• Act of fair use.
• Fair use of a work by any authorized entity to facilitate a beneficiary person [§3, 8 of 2021]
• Duration of copyright.
• Original ownership of economic rights.
• Presumption of authorship and of representation of the author.
• Assignment or licence of authors rights.
• Rights requiring authorization of performers.
• Rights of producers of sound recordings.
• Equitable remuneration for use of sound recordings.
• Rights of broadcasting organisation.
• Limitations on protection.
• Enforcement of rights and disputes resolution.
• Measures, remedies and sanctions against abuses in respect of technical means.
• Protection of expressions of folklore and damages.
• Registration of society administration of rights by societies control over the rights and submission of report.
• Scope of application.
• Protection of performers.
• Conditions for protection.
• Scope of this Part.
• Definition of industrial design.
• Definition of novelty.
• Ownership and right to protection of industrial.
• Industrial design.
• industrial design created by the employee to accrue employer.
• Naming of creator of an industrial design.
• Requirements of application.
• Right of priority.
• Application fee.
• Examination of application.
• Registration.
• Issue of certificate of registration.
• Register of Industrial Designs.
• Examination of register and certified copies.
• Publication of registered industrial designs.
• Duration of registration.
• Renewal.
• Rights of a registered owner or an industrial design.
• Limitation of registered owner's rights.
• Assignment and transmission of application and registrations.
• Joint ownership of applications and registration.
• Interpretation.
• Form and record of licence contract.
• Rights of licensee.
• Rights of licensor.
• Invalid clauses in license contracts.
• Effect of nullity of registration of license contract.
• Expiry termination or invalidation of licence contract.
• Licence contracts involving payments abroad.
• Renunciation of registration.
• Nullity of registration.
• Date and effect of nullity.
• Definition of invention.
• Patentable inventions.
• Novelty.
• Inventive step.
• Industrial application of invention.
• Right to a patent.
• Assignment of Patent application or patent by court in case of asumption.
• Inventions made by an employee or pursuant to a commission.
• Naming of inventor.
• Requirements of applications.
• Application fee.
• Search report.
• Unity of invention.
• Amendment and division of application.
• Right of priority
• Filing date.
• Examination of applications amo;c.
• Grant of patent.
• Register of Patents.
• Examination of register and certified copies.
• Inspection of files.
• Duration of patent.
• Rights of owner of patent.
• Burden of proof to be on the alleged infringer.
• Limitation of owner's rights.
• Rights derived from prior manufacture or use.
• Assignment and transmission of patent applications and patents.
• Joint ownership of Patent applications or patents.
• Interpretation.
• Form and record of licence contract.
• Rights of licensee.
• Rights of the licensor.
• Invalid clauses in licence contracts.
• Effect of patent application not being granted or patent being declared null and void.
• Expiry, termination or invalidation of licence contract to be recorded.
• Licence contracts involving payments abroad.
• Surrender of Patent.
• Nullity of patent.
• Date and effect of nullity.
• Definitions. [§4, 8 of 2022]
• Admissibility of marks.
• Marks inadmissible on objective grounds.
• Marks inadmissible by reason of third-party rights,
• Trust not to be entered in register.
• Requirements of application.
• Right of priority.
• Temporary protection of mark exhibited at international exhibition.
• Application fee.
• Examination of application a to form.
• Registration of mark after further examination and publication of mark.
• Non completion of registration.
• Register of marks and issue of certificate.
• Publication of registered marks
• Examination of register and certified copies.
• Associated marks.
• Assignment and user of associated marks.
• Duration of registration.
• Renewal.
• Alteration of registered mark.
• Rights of registered owner.
• Limitation of registered owner’s rights.
• Assignment and transmission of applications and registrations.
• Interpretation.
• Form and record of licence contract.
• Rights of licensee.
• Rights of licensor.
• Nullity of licence contract and certain clauses,
• Cancellation of licence contracts.
• Licence contracts involving payments abroad.
• Effect of nullity of registration on licence contract.
• Expiry, termination or invalidation of licence contract.
• Renunciation of registration.
• Nullity of registration.
• Date and effect of nullity.
• Removal of mark.
• Date and effect of removal of mark.
• Collective marks
• Application for registration of collective marks.
• Registration and publication of copy of collective mark .
• Changes in condition governing the use of collective marks.
• Certification marks.
• Protection of trade name.
• Assignment and transmission of trade names.
• Assignment of transmission of trade names.
• Right to protection.
• Originality
• Scope of protection.
• Commencement and duration of protection.
• Requirements of the Application.,
• Registration of layout design in the Register.
• Right to transfer and rectification of the Register.
• Changes in the ownership and contractual licences.
• Cancelling of a Registration of a layout design.
• Representation by an Agent.
• Infringement.
• Offences.
• Application of certain provisions of the Act.
• Interpretation.
• Unfair competition and undisclosed information. [§5, 8 of 2022]
• Definitions [§6, 8 of 2022]
• Protection of geographical indications. [§2, 7 of 2018] [§7, 8 of 2022]
• Admissibility of geographical indications for registration [§8, 8 of 2022]
• Application to register geographical indications [§8, 8 of 2022]
• Publication of the application [§8, 8 of 2022]
• Opposition to registration [§8, 8 of 2022]
• Renewal of registration of geographical indications [§8, 8 of 2022]
• Issue of certificate of registration [§9, 8 of 2022]
• Register of Geographical Indication [§9, 8 of 2022]
• Rights of a registered owner [§9, 8 of 2022]
• Registered geographical indication not to become generic [§9, 8 of 2022]
• Cancellation of registration of geographical indications [§9, 8 of 2022]
• Foreign geographical indications [§9, 8 of 2022]
• Alterations to registered geographical indications [§9, 8 of 2022]
• Geographical Indications registered as a Certification Mark under this Act [§9, 8 of 2022]
• Appointed & c of Advisiory Commission. [§10, 8 of 2022]
• Correction and rectification of register.
• Power to make copies of damaged volumes of any register,to prepare and insert reconstructed folios.
• Certificate of Director-General to be evidence.
• Certified copies to be evidence.
• Mode of giving evidence.
• Exercise of discretionary power by Director-General. [§11, 8 of 2022]
• Director-General may seek assistance of Attorney-General.
• Infringement and the remedies.
• Infringement proceedings by or at the request of licensee.
• Declaration of non-infringement. [§13, 8 of 2022]
• Appeals.
• Costs of preceeding before Director-General and Court.
• Registered agents.
• Fund.
• Falsification of entries in any register.
• infringement of Copyright.
• Infringement of Industrial Designs.
• False representations regarding industrial Designs.
• Infringement of Patents.
• False representations regarding Patents.
• Unlawful disclosure of information relating to Patents.
• Infringement of Marks.
• False representations regarding marks.
• Other offences as to marks and trade descriptions.
• Offences relating to geographical indications [§14, 8 of 2022]
• Offences by bodies corporate.
• Interpretation.
• False name or initials.
• Forging marks.
• False declaration to be an offence.
• Applying Marks and descriptions.
• Exemption certain persons employed in ordinary course of business.
• Mark how described in pleading.
• Rules as to evidence.
• Punishment of accessories.
• Search warrant.
• Costs of defence and of prosecution.
• Provisions as to false description not to apply in particular class.
• Savings.
• Cognizable and bailable offences.
• Limitation of prosecution.
• Implied warranty on sale of marked goods.
• Regulations.
• Amendment of Act No .10 of 1996.
• Amendment of section 101 of the customs Ordinance(Chapter 235)
• Insertion of new sections in thecustoms Ordinance.
• Repeals and savings.
• Saving of Designs.
• Savings of Patents.
• Savings of Marks
• Interpretation. [§15, 8 of 2022]
• Sinhala text to inconsistency.

Short title.

1. This Act may be cited as the Intellectual Property Act, No. 36...