Industrial Designs Law in Sri Lanka

In Sri Lanka, industrial design protection is governed by the Intellectual Property Act No. 36 of 2003, which aligns with international standards such as the TRIPS Agreement and the Paris Convention. The National Intellectual Property Office of Sri Lanka (NIPO) is the sole authority responsible for administering and registering industrial designs in the country .

🛡️ What Is an Industrial Design?

An industrial design refers to the ornamental or aesthetic aspect of a product, encompassing its shape, configuration, pattern, or ornamentation. Protection is granted to designs that are new and have individual character .

✅ Requirements for Protection

To be eligible for protection, an industrial design must:

Be New: The design must not have been disclosed to the public before the filing date.

Have Individual Character: It must create a different overall impression on the informed user compared to existing designs.

Not Contravene Public Order or Morality: Designs that are contrary to public policy or morality are excluded from protection 

📝 Registration Process

Application Submission: File an application with NIPO, providing:

A request for registration.

Applicant's details.

A representation of the design.

Description of the design.

Priority claim, if applicable.

Examination: NIPO examines the application for compliance with formal requirements.

Publication: If accepted, the design is published in the official gazette.

Registration: Upon no opposition, the design is registered, and a certificate is issued .

⏳ Duration and Renewal

Initial Protection: 5 years from the filing date.

Renewal: The registration can be renewed for two consecutive periods of 5 years each, totaling a maximum of 15 years.

Grace Period: A 6-month grace period is granted for late renewal, subject to a surcharge .

🌐 International Protection

Sri Lanka is a member of the Hague Agreement Concerning the International Registration of Industrial Designs, administered by the World Intellectual Property Organization (WIPO). This allows for the international registration of designs, providing protection in multiple countries through a single application .

⚖️ Enforcement and Legal Recourse

Design rights holders can enforce their rights through:

Administrative Actions: Filing complaints with NIPO for violations of design rights.

Judicial Actions: Pursuing legal action in courts for infringement and seeking remedies such as injunctions and damages .

 

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