Frequently Asked Questions
In Sri Lanka, copyright protection arises automatically upon the creation and fixation of an original work in a tangible medium of expression. There is no system of copyright registration in Sri Lanka, unlike in some other jurisdictions.
Accordingly, authors and creators should maintain reliable evidence of authorship such as dated drafts, publication records or other documentation to support any future claims of ownership or infringement. Maintaining such records serves as the primary means of proving authorship and ownership since no formal registration process exists.
The term of copyright protection in Sri Lanka extends for the lifetime of the author plus seventy (70) years after their death.
In the case of joint authorship, the copyright term is calculated from the date of death of the last surviving co-author. Upon the expiration of this statutory term, the work enters the public domain. It may be used freely by the public without the requirement of prior authorization or payment of royalties.
[Section 13 1PA 2003]
Yes. Under the Intellectual Property Act, No. 36 of 2003, copyright ownership may be held jointly.
This applies where two or more individuals have collaboratively created a work, unless a written agreement specifies otherwise. In the absence of a contrary arrangement, each co-author is generally presumed to hold an equal and undivided interest in the copyright, regardless of the proportion of their individual contribution. One of the notable features of joint ownership is the ability of each co-owner to independently license or assign their share of the rights. Following Section 18(1), copyright is transferable either wholly or partially.
A patent is an exclusive legal right granted for a novel, inventive, and industrially applicable invention under Sri Lanka’s Intellectual Property Act of 2003.
The patent system incentivizes innovation by granting the inventor a time-limited exclusive right to exploit the invention, in exchange for the public disclosure of its technical specifications. This disclosure contributes to the advancement and dissemination of technological knowledge.
An invention is considered patentable provided it meets three core statutory requirements: novelty, inventive step, and industrial application as detailed in Sections 64-66 of the Act.
However, certain subject matter is excluded from patent protection, including scientific theories, mathematical methods, business methods, and medical or surgical procedures for the treatment of humans or animals. In addition, a patent application must comply with formal requirements under Section 62, including a clear and complete description, definitive claims, and drawings where applicable, sufficient to enable a person skilled in the art to replicate the invention.
A patent typically lasts for a period of 20 years from the date of filing.
To preserve the validity of a patent throughout its term, the patentee must pay the prescribed annual maintenance fees. Failure to do so may result in the lapse of the patent, causing it to fall into the public domain, as provided under Section 73 of the Act.
The rights conferred upon a patent holder include the exclusive authority to prevent third parties, without consent, from making, using, offering for sale, selling, or importing the patented invention. These rights apply not only to patented products but also extend to products directly obtained through a patented process.
- The patent holder possesses the exclusive right to assign, license, or otherwise transfer ownership or interests in the patent, either wholly or partially. In instances of infringement, the patentee is entitled to initiate legal proceedings to enforce their rights, thereby ensuring legal protection and the ability to derive economic benefit throughout the duration of the patent term.
- Securing a patent confers a competitive advantage by legally precluding competitors from manufacturing, using, or commercializing the protected invention without authorization.
- Patent protection facilitates avenues for commercialization, including the ability to license the rights to third parties or assign the patent in exchange for financial consideration, thus generating potential revenue streams.
- Additionally, patents may enhance a company’s investment appeal by demonstrating proprietary innovation, thereby increasing investor confidence.
- Patents also contribute to strengthening a company’s market position, reinforcing brand credibility, and serving as tangible evidence of technological advancement and inventive capability.
According to the Intellectual Property Act No. 36 of 2003, a “trademark” is defined as any visible sign that serves to distinguish the goods of one enterprise from those of another. [Section 101 IPA No.36 of 2003]
A trademark is an intellectual property consisting of a word, symbol, slogan, design, or a combination of these that identifies and distinguishes a good or service of one undertaking from another. Consumers are able to recognize these products in the marketplace and differentiate based on brand reputation.
While trademark registration is not mandatory in Sri Lanka, it is strongly recommended, particularly for businesses seeking to safeguard their brand identity and secure exclusive legal rights to their marks, products, or services.
Owners of unregistered marks may acquire limited rights under common law through the doctrine of passing off, which protects the goodwill associated with a mark against misrepresentation. However, enforcing rights through passing off can be legally complex and burdensome, as it involves a higher evidentiary burden. These challenges make common law remedies considerably less effective compared to statutory protection.
Registering a trademark grants the owner a range of exclusive rights to use the logo or brand name in connection with products or services, while preventing unauthorized use of the same or similar mark that may potentially create confusion among customers and damage reputation.
Registering a trademark offers several practical advantages:
- Exclusive rights to use the mark and legal protection against other parties for unauthorized use of the same or a confusingly similar mark
- A registered mark enhances brand identity, fosters consumer trust, and helps your business stand out. It serves as public notice of your rights, reducing the risk of bad-faith applications.
- Over time, a registered mark will gain a significant amount of commercial value, becoming a valuable business asset that can be licensed, sold, or franchised to support business growth.
- Registering provides statutory recognition of your ownership, enabling action against counterfeit goods, including through customs enforcement and online takedown mechanisms.
- This also offers long-term protection for an initial period of 10 years and can be renewed every 10 years indefinitely, ensuring lasting brand security.
Trademark registration will lapse if not renewed within the prescribed period. A six-month grace period is available for late renewal, subject to payment of a surcharge. Failure to renew within this period will result in the removal of the mark from the register, requiring a new application to regain protection.
If a trademark is not renewed before its expiry, it will lapse. Under Sri Lankan IP law, a six-month grace period is provided to renew the mark with a surcharge. Failure to do so will result in the removal of the mark from the register and the loss of exclusive rights, potentially allowing competitors to register identical or similar marks.
To regain protection, a fresh application must be filed, subject to the full registration process, including examination and publication. To avoid losing rights, it is strongly advised to monitor renewal deadlines and take timely action.
