WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IP IN IIILKAJC/1/ Add.1 
IP IN IIILKAII/1/ Add.l 
26 November 2001 
(01-6017) 
Original: English! 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
SRI LANKA 
The present document reproduces the texe of the Proposed Act to Amend the Code of 
Intellectual Property Act N° 52 of 1979, as notified by Sri Lanka under Article 63.2 of the Agreement 
(see document IP/N/lILKAl1). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTA TIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
SRI LANKA 
Le present document contient Ie texte1 du projet de Loi portant modification de la Loi nO 52 
de 1979 sur Ie Code de la propriete intellectuelle, notifie par Sri Lanka au titre de l'article 63:2 de 
l'Accord (voir Ie document IP/N/lILKAl1). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL pARRAFO 2 DEL ARTicULO 63 DEL ACUERDO 
SRI LANKA 
En el presente documento se reproduce el texto1 del proyecto de Ley par la que se modifica la 
Ley N° 52 de 1979, relativa al C6digo de la Propiedad Intelectual, que Sri Lanka notific6 de 
conformidad con 10 dispuesto en el parrafo 2 del articulo 63 del Acuerdo (vease el documento 
IP/N/1/LKAIl ). 
1 In English only. lEn anglais seulement.lEn ingles solamente. IPINIl/LKAICIlIAdd.l 
IPINIl/LKA/I/lIAdd.l 
Page 2 
SRI IANKA 
AN ACT TO AlV1END 
THE CODE OF INTELLECTUAL PROPERTY ACT 
NO. 52 OF 1979 ~:~ 
o This Document to be referred in conjunction with The Code of Intellectual Property Act No. 52 of 1979 (as 
amended by Act No. 30 of 1980, No.2 of 1983, No. 17 of 1990, No. 13 of 1997 and No. 40 of 2000) as notified by 
Sri Lanka under Article 63.2 of the TRIPS Agreement L.D.O 18/99 
Short title. 
Amendment 
of section 2 
of Act, No. 52 
of 1979. 
Replacement 
of Part II of 
the principal 
enactment. IPINIIILKA/CIl/Add.l 
IPINI1/LKA/JlIlAdd.l 
Page 3 
An Act to Amend the Code of Intellectual 
Property Act, No. 52 of 1979. 
BE it enacted by the Parliament of the Democratic Socialist Republic of Sri 
Lanka as follows -
1. This Act may be cited as the Code of Intellectual Property 
(Amendment) Act, No. of 2001. 
2. Section 2 of Act, No. 52 of 1979 (hereinafter referred to as the 
"principal enactment") is hereby amended by the repeal of paragraph (b) of 
subsection (3) of that section and the substitution therefor of the following paragraph 
"(b) take all necessary steps to promote and encourage national awareness 
of the subject of copyright and related rights by the organisation of 
exhibitions, contests, seminars and publications and by promoting 
and encouraging the establishment and proper functioning of 
organisations or societies to protect and administer copyright and 
related rights under Part II of the Code.". 
3. Part II of the principal enactment is hereby repealed and the following 
new Part is substituted therefor -I PfNllILKA/CIlIAdd. 1 
I PfNlIILKAIIIl I Add.l 
Page 4 
Interpretation "Part II 
Copyright and Related Rights 
CHAPTER II 
6. For the purposes of this Part -
"audiovisual work" means a work that consists of a series of related 
images which impart the impression of motion, with or without 
accompanying sounds, susceptible of being made visible, and where 
accompanied by sounds, susceptible of being made audible; 
"author" means the physical person who has created the work; 
"broadcasting" means the communication of a work, a performance 
or a sound recording to the public by wireless transmission, including 
transmission by satellite; 
"collective work" means a work created by two or more physical 
persons at the initiative and under the direction of a physical person 
or legal entity, with the understanding that it will be disclosed by the 
latter person or entity under his or its O\vn name and that the identity 
of the contributing physical persons will not be indicated; 
"communication to the public" means the transmission by wire or 
without wire of the images or sounds, or both, of a work, a 
performance or a sound recording in such a way that the images or 
sounds can be perceived by persons outside the normal circle of a 
family and its closest social acquaintances at a place or places so IP/N/1 ILKA/CII I Add.! 
IP/N/lILKA/IIlIAdd.! 
Page 5 
distant from the place where the transmission originates that, without 
the transmission, the images or sounds would not be perceivable and 
irrespective of \vhether the persons can receive the images or sounds 
at the same place and time, or at different places or times; 
"computer" means an electronic or similar device having information 
processing capabilities; 
"computer program" is a set of instructions expressed in words, 
codes, schemes or in any other form, which is capable, when 
incorporated in a medium that the computer can read, of causing a 
computer to perform or achieve a particular task or result; 
"economic rights" mean the rights mentioned in section 10; 
"expression of folklore" means a group oriented and tradition based 
creation of groups or individuals reflecting the expectation of the 
community as an adequate expression of its cultural and social 
identity, its standards and values as transmitted orally, by imitation 
or by other means, including: 
(a) folktales, folk poetry, and folk riddles; 
(b) folk songs and instrumental folk music; 
(c) folk dances and folk plays; 
(d) productions of folk arts in particular, drawings, 
paintings, carvings, sculptures, pottery, terra-cotta, IPINIlILKA/CllIAdd.! 
IPlNlliLKA/IIlIAdd.! 
Page 6 
mosaic, woodwork, metaiware,jewellery, handicrafts, 
costumes, and indigenous textiles. 
"Infringement" means an act that violates any right protected under 
this Part. 
"moral rights" means rights mentioned in section 11; 
"owner of copyright" means -
(a) where the economic rights are vested in the author, 
the author; 
(b) where the economic rights are originally vested in a 
physical person or a legal entity other than the author, 
that person or entity; 
(c) where the ownership of the economic rights has been 
transferred to a physical person or legal entity, that 
person or entity. 
"Performers" mean singers, musicians, and other persons who sing, 
deliver, declaim, play in, or otherwise perform, literary and artistic 
works or expressions of folklore; 
"photographic work" means the recording of light or other radiation 
on any medium on which an image is produced or from which an 
image may be produced, irrespective of the technique (chemical, 
electronic or other) by which such recording is made; a still picture IPINI1/LKAICllIAdd.l 
IPlNlliLKAIIII/Add.l 
Page 7 
extracted from an audiovisual work shall not be considered a 
"photographic work" but a part of the audiovisual work concerned; 
"producer" of an audiovisual work or a sound recording means the 
physical person or legal entity that undertakes the initiative and 
responsibility for the making of the audiovisual work or sound 
recording; 
"Public display" means the showing of the original or a copy of a 
work -
(a) directly; 
(b) by means of a film, slide, television image or 
otherwise on screen; 
(c) by means of any other device or process ;or 
(d) in the case of an audiovisual work, the showing of 
individual images non-sequentially at a place or 
places where persons outside the normal circle of a 
family and its closest social acquaintances are or can 
be present, irrespective of whether they are or can be 
present at the same place and time or at different 
places or times, and where the work can be displayed 
without communication to the public; 
"public lending" means the transfer of the possession of the original 
or a copy of a work or a sound recording for a limited period of time 
for non profit making purposes, by an institution, the services of IPINI1/LKA/CI1/Add.! 
IPIN!lILKA/II!/Add.! 
Page 8 
which are available to the public, such as a public library or archive; 
"public performance" means -
(a) in the case of a work other than an audiovisual work, 
the recitation, playing, dancing, acting or other.vise 
performing the work in public either directly or by 
means of any device or process; 
(b) in the case of an audiovisual work, the showing of 
images in sequence and the making of accompanying 
sound audible in public; and 
(c) in the case of a sound recording, making the recording 
sounds audible at a place or at places where persons 
outside the normal circle of the family and its closest 
acquaintances are or can be present, irrespective of 
whether they are or can be present at the same place 
and time, or at different places or times, and where the 
performance can be perceived without the need for 
communication to the public within the meaning of 
the definition "Communication to the public", 
"published" means a work or a sound recording -
(a) copies of which have been made available to the public in a 
reasonable quantity for sale, rental, public lending or for 
transfer of the ownership or the possession of the copies; or IPIN/l/LKAIC/l/Add.l 
IPINII/LKA/I/l/Add.l 
Page 9 
(b) which have been made available to the public by means of an 
electronic system, provided that, in the case of a work, the 
making available to the public took place with the consent of 
the author or other owner of copyright, and in the case of a 
sound recording, with the consent of the producer of the 
sound recording or his successor in title; 
"rental" means the transfer of the possession of the original or a copy 
of a work or sound recording for a limited period of time for profit 
making purposes; 
"reproduction" means the making of one or more copies of a \vork 
or sound recording in any material form, including any permanent or 
temporary storage of the work or sound recording in electronic form; 
"sound recording" means any exclusively aural fixation of the 
sounds of a performance or of other sounds, regardless of the method 
by which the sounds are fixed or the medium in which the sounds are 
embodied; it does not include a fixation of sounds and images, such 
as the sound track of an audiovisual work; 
"work" means any literary or artistic or scientific work specified in 
section 7; 
"work of applied art" means an artistic creation with utilitarian 
functions or incorporated in a useful article, whether made by hand 
or produced on an industrial scale; 
"work of joint authorship" means a work to the creation of which IPINIl/LKA/CllIAdd.1 
IPINIl/LKAIIII/Add.! 
Page 10 
two or more authors have contributed, provided the work does not 
qualify as "a collective work." 
Works 
protected 7. (1) The following works shall be protected as Literary, artistic and 
scientific work (hereinafter referred to as "works") which are original intellectual 
creations in the literary artistic and scientific domain, including and in particular-
(a) books, pamphlets, articles, computer programs and 
other writings; 
(b) speeches, lectures, addresses, sermons and other oral 
works; 
(c) dramatic, dramatico-musical works, pantomimes, 
choreographic works and other works created for 
stage productions; 
(d) Stage production of work specified in paragraph (c) 
and expressions of folklore that are apt for such 
productions; 
(e) musical works, with or without accompanying words; 
(f) audiovisual works; 
(g) works of architecture; 
(h) works of drawing, painting, sculpture, engravmg, 
lithography, tapestry and other works of fine art; Derivative 
works. 
\Vorks not 
Protected (i) photographic works; 
G) works of applied art; IPlNlliLKA/CIIIAdd.I 
IPINIl/LKA/I/l/Add.I 
Page 11 
(k) illustrations, maps, plans, sketches and three 
dimensional works relative to geography, topography, 
architecture or science. 
(2) The Works specified in subsection (1) of this section shall be 
protected by the sole fact of their creation and irrespective of their mode or fOnTI of 
expression, as well as of their content, quality and purpose. 
8. (1) The following shall also be protected as works:-
(a) translations, adaptations, arrangements and other 
transformations or modifications of works; and 
(b) collections of works and collections of mere data (data 
bases), whether in machine readable or other fOnTI, 
provided that such collections are original by reason 
of the selection, coordination or arrangement of their 
contents. 
(2) The protection of any work referred to in subsection (1) shall 
be without prejudice to any protection of a pre existing work incorporated in, or 
utilized for, the making of such a work. 
9. Notwithstanding the provisions of sections 7 and 8, no protection shall be 
extended under this Part -IPINIl/LKAICIIIAdd.1 
I PINIl/LKAIII IIAdd.1 
Page 12 
Economic 10. (a) to any idea, procedure, system, method of operation, concept, 
principle, discovery or mere data, even if expressed, 
described, explained, illustrated or embodied in a work; 
(b) to any official text of a legislative, administrative or legal 
nature, as well as any official translation thereof; 
(c) to news of the day published, broadcast, or publicly 
communicated by any other means. 
(1) Subject to the provisions of rights sections 12 to 14 the author 
Rights or other owner of copyright of a work shall have the exclusive right to carry out or 
to authorize the following acts in relation to the work: 
(a) reproduction of the work; 
(b) translation of the work; 
(c) adaptation, arrangement or other transformation of the 
work; 
(d) the public distribution of the original and each copy of 
the work by sale, rental or otherwise; 
(e) rental of the original or a copy of an audiovisual work, 
a Work embodied in a sound recording, a computer 
program, a data base or a musical work in the form of 
notation, irrespective of the ownership of the original 
or copy concerned; Moral 
R g h t s IPIN/l/LKA/C/1/Add.1 
IPIN/]/LKA/I/lIAdd.1 
Page 13 
(f) importation of copies of the work, (even where the 
imported copies were made with the authorization of 
the author or other owner of copyright); 
(g) public display of the original or a copy of the work; 
(h) public performance of the \vork; 
(i) broadcasting of the work; 
U) other communication to the public of the work. 
(2) The rights of rental in terms of paragraph (e) of subsection (1) 
shall not apply to rental of computer programs where the program itself is not the 
essential object of the rental. 
(3) Notwithstanding the provisions of subsection (1) (d), the owner 
of a copy of a work lawfully made or any person authorized in that behalf by such 
owner, is entitled without the authority of the copyright owner, to sell or otheru:ise 
dispose of that copy. 
11. (1) The author of a work shall have the follmving rights independently 
of his economic rights and even where he is no longer the owner of those economic 
rights-
(a) to have his name indicated prominently on the copies and in 
connection with any public use of his work, as far as 
practicable; IP/N/1/LKAIC/l/Add.] 
IP/N/I/LKA/IIIIAdd.] 
Page 14 
Fair use. (b) to not have his name indicated on the copies and in 
connection with any public use of his work, and the right to 
use a pseudonym; 
(c) to object to any distortion, mutilation or other modification 
of, or other derogatory action in relation to, his work which 
would be prejudicial to his honour or reputation. 
(2) No right mentioned in subsection (1) shall be transmissible during 
the life of the author, but the right to exercise any of those rights shall be 
transmissible by testamentary disposition or by operation of law subsequent to the 
death of the author. 
(3) The author may waive any of the moral rights mentioned in 
subsection (1) provided that such a waiver is in writing and clearly specifies the right 
or rights waived and the circumstances in which the waiver applies: 
Provided that any waiver of the right under paragraph (c) of subsection (1) 
specifies the nature and extent of the modification.or other action in respect of \vhich 
the right is waived. Subsequent to the death of the author, the physical person or legal 
, 
enjity upon whom or which the moral rights have devolved shall have the right to 
waive the said rights. 
12. (1) Notwithstanding the provisions of section 10 0), the fair use of a 
work, including such use by reproduction in copies or by any other means specified 
by that section, for purposes such as criticism, comment, news reporting, teaching 
(including multiple copies for classroom use), scholarship or research, shall not be 
an infringement of copyright. Acts of 
fair use. IPI0I1 1 ILKA/CI 1 I Add.l 
IPINIl/LKA/IIl/Add.1 
Page 15 
(2) In determining whether the use made of a \vork in any particular case 
is fair use the factors to be considered shall include -
13. (a) the purpose and character of the use, including whether such 
use is of a commercial nature or is for non profitable 
educational purposes; 
(b) the nature of the copyrighted work; 
(c) the amount and substantiality of the portion used in relation 
to the copyrighted work as a whole; and 
(d) the effect of the use upon the potential market for, or value of, 
the copyrighted work. 
(3) The acts of fair use include the circumstances specified in section 
13. (1) Notwithstanding any thing contained in section 10 (l)(a) and 
subject to the provisions of subsection (2), the private reproduction of a published 
work in a single copy shall be permitted without the authorization of 
the author or other owner of copyright, where the reproduction is made by a physical 
person exclusively for his own personal purposes. 
reproduction -(2) The permission under sub-section (1) shall not be extended to 
(a) of a work of architecture in the form of building or 
other construction; IPIN/l/LKA/C/l/Add.1 
IPIN/l/LKA/I/1/Add.1 
Page 16 
(b) in the form of reprography of the whole or a 
substantial part of a book or of a musical work in the 
form of notation; 
(c) of the whole or a substantial part of a data base; 
(d) of a computer program, except as provided in 
subsection (7); and 
(e) of any work in case where reproduction ,vould 
conflict with a normal exploitation of the work or 
would otherwise unreasonably prejudice the 
legitimate interests of the author or other owner of the 
copyright. 
(3) Notwithstanding the provisions of section 10(1)(a), the 
reproduction, in the form of quotation, of a short pan of a published work shall be 
permitted without authorization of the author or other owner of copyright: 
Provided that the reproduction is compatible with fair practice 
and does not exceed the extent justified by the purpose. The quotation shall be 
accompanied by an indication of the source and the name of the author, if his name 
appears in the work from which the quotation is taken. 
(4) Notwithstanding the provisions of section 10(1)(a), the 
following acts shall be permitted without authorization of the author or other owner 
of copyright: 
(a) the reproduction of a short part of a published work 
for teaching purposes by way of illustration, in IPINIlILKA/C/l/Add,1 
IPIN/l/LKA/I/lIAdd,1 
Page 17 
writings or sound or visual recordings, provided that 
the reproduction is compatible with fair practice and 
does not exceed the extent justified by the purpose; 
(b) the reprographic reproduction for face to face teaching 
in educational institutions the activities of which do 
not serve direct or indirect commercial gain, of 
published articles, other short works or short extracts 
of works, to the extent justified by the purpose, 
provided that the act of reproduction is an isolated one 
occurring, if repeated, on separate and unrelated 
occasions; 
(c) the source of the work reproduced and the name of the 
author shall be indicated as far as practicable on all 
copies made under this subsection. 
(5) Notwithstanding the provisions of section 10 (1 )(a), any 
library or archive whose activities do not serve direct or indirect commercial gain 
may, without the authorization of the author or other owner of copyright, make a 
single copy of the work by reprographic reproduction -
(a) where the work reproduced is a published article, other short 
work or short extract of a work, and where the purpose of the 
reproduction is to satisfy the request of a physical person: 
Provided that -
(i) the library or archive is satisfied that the copy will be IPIN!l ILKA/CI 11 Add.! 
IPIN!l/LKA/I/lI Add.! 
Page !8 
used solely for the purposes of study, scholarship or 
private research, 
(ii) the act of reproduction is an isolated case occurring, 
if repeated, on separate and unrelated occasions, 
(b) \vhere the copy is made in order to preserve and, if necessary 
replace a copy, or to replace a copy which has been lost, 
destroyed or rendered unusable in the permanent collection of 
another similar library or archive, provided that it is 
impossible to obtain such a copy under reasonable conditions, 
and provided further that the act of repro graphic reproduction 
is an isolated case occurring, if repeated, on separate and 
unrelated occasions. 
(6). Notwithstanding the provisions of section 10 (1) (a),(h) and (i), the 
following acts shall be permitted in respect of a work without the authorization of the 
author or other owner of copyright, subject to the obligation to indicate the source 
and the name of the author as far as practicable: 
(a) the reproduction in a newspaper or periodical, the 
broadcasting or other communication to the public, of an 
article published in a newspaper or periodical on current 
economic, political or religious topics o"r a broadcast work of 
the same character, and such permission shall not apply where 
the right to authorize reproduction, broadcasting or other 
communication to the public is expressly reserved on the 
copies by the author or other owner of copyright, or in 
connection with broadcasting or other communication to the public of the work; IPlNIl/LKA/C/l/Add.1 
IPIN/l/LKA/I/l/Add.1 
Page 19 
(b) for the purpose of reporting current events, the reproduction 
and the broadcasting or other communication to the public of 
short excerpts of a \vork seen or heard in the course of such 
events, to the extent justified by the purpose; 
(c) the reproduction in a newspaper or periodical, the 
broadcasting or other communication to the public, of a 
political speech, a lecture, address, sermon or other work of 
a similar nature delivered in public, or a speech delivered 
during legal proceedings, to the extent justified by the 
purpose of providing current information. 
(7) (a) Notwithstanding anything contained in section 10 (1) (a) and 
(c) reproduction, in a single copy or the adaptation of a computer program by the 
lawful owner of a copy of that computer program shall be permitted without the 
authorization of the author or other owner of copyright, provided that the copy or 
adaptation is necessary 
(i) for use of the computer program with a computer for 
the purpose and extent for which the computer 
program has been obtained; 
(ii) for archival purposes and for replacement of the 
lawfully owned copy of the computer program in the 
event that the said copy of the computer program is 
lost, destroyed or rendered unusable. IPINI lILKA/C/l I Add.l 
I PINI lILKAIUI I Add.l 
Page 20 
(b) No copy or adaptation of a computer program shall be used 
for any purpose other than those specified in paragraph (a), 
and any such copy or adaptation shall be destroyed in the 
event that continued possession of the copy of the computer 
program ceases to be lawful. 
(8) Notwithstanding the provisions of section 10(1)(f), the importation 
of a copy of a work by a physical person for his O\vn personal purposes shall be 
permitted without the authorization of the author or other owner of copyright. 
(9) Notwithstanding anything contained in section 10(1)(g), the public 
display of originals or copies of works shall be permitted without the authorization 
of the author or other owner of copyright, provided that the display is made other 
than by means of a film, slide, television image or otherv,:ise on screen or by means 
of any other device or process: 
Provided further that the work has been published or the original or 
the copy displayed has been sold, given away or otherv;ise transferred to another 
person by the author or his successor in title. 
(10) Notwithstanding any thing contained in this Part, the following 
shall not be an infringement of copyright: 
(a) Performance or display of a work for educational or teaching 
purposes by government or non profit educational institutes, 
in classrooms or similar places devoted for education: 
Provided that in the case of an audiovisual work, the 
performance or the display of individual images, is given by Duration of 
Copyright 14. (1) IPIN/l/LKA/CllIAdd.1 
IPIN/l/LKA/I/lIAdd.1 
Page 21 
means of a lawfully made copy, or the person responsible for 
the performance did not know or had no reason to believe that 
the copy was not lawfully made. 
(b) Communication of a transmission embodying a performance 
or display of a work by the public reception of the 
transmission on a single receiving apparatus of a kind 
commonly used in private homes, unless -
(i) a direct charge is made to see or hear the 
transmission; or 
(ii) the transmission thus received is further transmitted to 
the public. 
Subject to the provisions of subsections (2)10(5), the economic and 
moral rights shall be protected during the life of the author and for fifty years after 
his death. 
(2) In the case of a work of joint authorship, the economic and moral 
rights shall be protected during the life of the last surviving author and for fifty years 
after his death. 
(3) In the case of a collective work, other than a work of applied art, 
and in the case of an audiovisual work, the economic and moral rights shall be 
protected for fifty years from the date on which the work was first published or, 
failing such an event, within fifty years from the making of the work. 
(4) In the case of a work publish-ed anonymously or under a IPINI1/LKAICI1IAdd.l 
IPINII/LKA/II1IAdd.l 
Page 22 
Original 
ownership 
of Economic 
Rights. pseudonym, the economic and moral rights shall be protected for fifty years from the 
date on which the work was first published: 
Provided that where the author's identity is revealed or is no longer in 
doubt before the expiration of the said period, the provisions of subsection (1) or 
subsection (2) shall apply, as the case may require. 
(5) In the case of work of applied art, the economic and moral 
rights shall be protected for twenty five years from the making of the work. 
(6) Every period provided for under the preceding subsections 
shall run to the end of the calendar year in which it would otherwise expire. 
15. (1) Subject to the provisions of subsections (2) to (5), the original 
owner of economic rights is the author who has created the work. 
(2) In respect of a work of joint authorship, the co-authors shall be 
the original owners of the economic rights. If, however, a work of joint authorship 
consists of parts that can be used separately and the author of each part can be 
identified, the author of each part shall be the original owner of the economic rights 
in respect of the part that he has created. 
(3) In respect of a collective work, the physical person or legal 
entity at the initiative, and under the direction, of whom or which the work has been 
created shall be the original owner of the economic rights. 
(4) In respect of a work created by an author employed by a 
physical person or legal entity in the course of his employment, the original owner 
of the economic rights shall be, unless provided otherwise in a contract, the Presumption 
of authorship 
and of 
re-presentation 
Of the Author 
Assignment 
and Licence 
of Author's 
Rights IPINIlILKA/CI 11 Add. 1 
IPINII ILKAIIII I Add. 1 
Page 23 
employer. If the work is created pursuant to a commission, the original owner of 
economic rights shall be, unless otherwise provided in a contract, the person who 
commissioned the work. 
(5) In respect of an audiovisual work, the original O\vner of the 
economic rights shall be the producer, unless otherwise provided in a contract. The 
coauthors of the audiovisual works and the authors of the pre-existing works 
included, in or adapted for, the making of the audiovisual work shall, however, 
maintain their economic rights in their contributions or pre-existing works, 
respectively, to the extent that those contributions or pre existing works can be 
subject of acts covered by their economic, rights separately from the audiovisual 
work. 
16. The physical person whose name is indicated as the author on a work 
in the usual manner shall, in the absence of proof to the contrary, be presumed to be 
the author of the work. The provisions of this section shall be applicable even if the 
name is a pseudonym, where the pseudonym leaves no doubt as to the identity of the 
author. 
17. (1) Economic rights shall be assignable in whole or in part and 
economic rights shall be transferable in whole or in part by licence. 
(2) Any assignment of an economic right, and any licence to do 
an act subject to authorization by the author or other owner of copyright, shall be in 
writing signed by the assignor and the assignee, or by the licensor and the licensee, 
as the case may be. 
(3) An assignment in whole or in part of any economic right, or 
a licence to do an act subject to authorization by the author or other owner of IP/N/1/LKAIC/l/Add.l 
IP/N/l/LKAIIII/Add.l 
Page 24 
Acts requiring 
authorization 
of performers copyright, shall not include or be deemed to include the assignment or licence in 
respect of any other rights not expressly referred to therein. 
PROTECTION OF PERFORMERS, PRODUCERS OF SOUND 
RECORDINGS AND BROADCASTING ORGANIZATIONS. 
18. (1) Subject to the provisions of section 22, a performer shall have 
exclusive right to carry out or to authorize any of the following acts: 
(a) the broadcasting or other communication to the public 
of his performance, except where the broadcasting, or 
the other communication -
(i) is made from a fixation of the performance, 
other than a fixation made under the terms of 
section 22; or 
(ii) is a re-broadcasting, made or authorized by 
the organization initially broadcasting the 
performance; 
(b) the fixation of his unfixed performance; 
(c) the reproduction of a fixation of his performance. 
(2) Once the performer has authorized the incorporation of his 
performance in an audiovisual fixation, the provisions of subsection (1) shall have 
no further application. Acts 
requiring 
authorization 
of producers 
of sound 
recordings. IPINIl/LKA/CIlIAdd.l 
IPINIl/LKA/IIl/Add.! 
Page 25 
(3) Nothing in this section shall be construed to deprive 
performers of the right to agree by contracts on terms and conditions more favourable 
to them in respect of their performances. 
(4) The rights under this section shall be protected from the 
moment in which the performance takes place until the end of the fiftieth calendar 
year following the year in which the performance takes place. 
19. (1) Subject to the provisions of section 22, a producer of a sound 
recording shall have the exclusive right to carry out or to authorize any of the 
following acts: 
(a) 
(b) direct or indirect reproduction of the sound recording; 
importation of copies of the sound recording even 
where such imported copies were made with the 
authorization of the producer; 
(c) adaptation or other transformation of the sound 
recording; 
(d) rental of a copy of the sound recording, irrespective of 
the ownership of the copy rented. 
(2) The rights under subsection (1) of this section shall be 
protected from the publication of the sound recording until the end of the fiftieth 
calendar year following the year of publication or, if the sound recording has not 
been published, from the fixation of the sound recording until the end of the fiftieth 
calendar year following the year of fixation. IPINIl/LKA/CIIIAdd.l 
IPINIIILKAII/l/ Add.l 
Page 26 
Equitable 
remuneration 
for use of 
Sound 
Recordings 
Acts 
requiring 
authorization 
of 
Broadcasting 
Organization. 20. (1) If a sound recording published for commercial purposes, or 
a reproduction of such sound recording, is used directly, for broadcasting or other 
communication to the public, or is publicly performed, a single equitable 
remuneration for the performer or performers and the producer of the sound 
recording shall be paid by the user. 
(2) Unless otherwise agreed between the performer or the 
producer, half of the amount of moneys received by the producer under subsection 
(1) shall be paid by the producer to the performer or performers. 
(3) The right to an equitable remuneration under this section shall 
subsist from the date of publication of the sound recording until the end of the fiftieth 
calendar year following the year of publication or, if the sound recording has not 
been published, from the date of fixation of the sound recording until the end of the 
fiftieth calendar year following the year of fixation. 
21. (1) Subject to the provisions of section 22, a broadcasting 
organization shall have the exclusive right to carry out or to authorize any of the 
following acts: 
(a) the rebroadcasting of its broadcast; 
(b) the communication to the public of its broadcast; 
(c) the fixation of its broadcast; 
(d) the reproduction of a fixation of its broadcast. 
(2) The rights under this section shall be protected from the 
moment when the broadcasting takes place until the end of the fiftieth calendar year Limitations 
on 
Protection 
Enforcement 
of rights IPIN!1/LKAIC/l/Add.l 
IPIN!1 ILKA/I/ 11 Add.l 
Page 27 
following the year in which broadcast takes place. 
22. Sections 18,19,20 and 21 shall not apply where the acts referred to 
in those sections are related to -
23. (a) the use by a physical person exclusively for his own personal 
purposes; 
(b) using short excerpts for reporting current events to the extent 
justified by the purpose of providing current infonnation; 
(c) use solely for the purpose of face to face teaching activities or 
for scientific research; 
(d) cases where, under copyright, a work can be used without the 
authorization of the author or other owner of copyright. 
(1) Any person who infringes or is about to infringe any of the 
rights protected under this Part may be prohibited by an injunction and shall also be 
liable in damages and the owner of such rights is entitled to seek such remedies from 
Court. 
(2) (a) The Court shall have power and jurisdiction -
(i) to grant such injunctions to prohibit the committing, 
or continuation of the committing, of infringement of 
any right protected under this Part; 
(ii) to order the impounding of copies of works or sound 
recordings suspected of being made or imported IPINIIILKA/C/l/ Add.l 
IPlNllILKAIIII/Add.l 
Page 28 
without the authorization of the owner of any right 
protected under this Part where the making or 
importation of copies is subject to such authorization, 
as well as the impounding of the packaging of, the 
implements that could be used for the making of, and 
the documents, accounts or business papers referring 
to, such copies. 
(b) The Court shall also have power and jurisdiction to order the 
payment, by the infringer, of damages for the loss suffered as 
a consequence of the act of infringement, as well as the 
payment of expenses caused by the infringement, including 
legal costs. The amount of damages shall be fixed taking into 
account inter alia, the importance of the material and moral 
prejudice suffered by the owner of the right, as well as the 
importance of the infringer's profits attributable to the 
infringement. Where the infringer did not know or had no 
reasonable cause to know that he or it was engaged in 
infringing activity, the court may limit damages to the profits 
of the infringer attributable to the infringement or to pre 
established damages. 
( c) Where infringing, copies exist, the Court shall have the 
authority to order the destruction or other reasonable 
disposition of those copies and their packaging outside the 
channels of commerce in such a manner as would avoid 
harm to the owner of the right, unless he requests otherwise. 
The provisions of this section shall not be applicable to 
copies and their packaging which were acquired by a third Measures, 
Remedies 
and 
Sanctions 
against 
abuses in 
respect of IPINIl/LKAICIlI Add.l 
IPlNllILKA/IIlIAdd.l 
Page 29 
party in good faith. 
(d) Where there is a danger that implements may be used to 
commit or continue to commit acts of infringement, the 
Court shall, whenever and to the extent that it is reasonable, 
order their destruction or other reasonable disposition outside 
the channels of commerce in such a manner as to minimize 
the risks of further infringements, including surrender to the 
owner of the rights. 
(e) Where there is a danger that acts of infringement may be 
continued, the court shall expressly order that such acts not 
be committed. 
(f) The provisions of Chapter XXXII of the Code relating to 
infringement shall apply, mutatis mutandis, to rights protected 
under this Part. 
(g) Any infringement of or attempted infringement of any of the 
rights protected under this Part is a punishable offence as 
provided for in Part VI of the Code. 
24. (1) The following acts shall be considered unlawful and, in the 
application of section 23 shall be assimilated to infringements of the rights of authors 
and other owners of copyright:-
the manufacture or importation for sale or rental of any device 
or means specifically designed or adapted to circumvent any 
device or means intended to prevent or restrict reproduction IP/N/l/LKA/CI 1 I Add.l 
IP/N/IILKA/I/lIAdd.l 
Page 30 
Technical 
Means. of a work or to impair the quality of copies made (the latter 
device or means hereinafter referred to as "copy protection or 
copy management device or means"); 
(ii) the manufacture or importation for sale or rental of any device 
or means that is susceptible to enable or assist the reception 
of an encrypted program, which is broadcast or othenvise 
communicated to the public, including by satellite, by those 
who are not entitled to receive the program. 
(2) In the application of section 23 any illicit device mentioned in 
subsection (l) shall be assimilated to infringing copies of works. 
(3) The author, or other owner of copyright in a work shall also be 
entitled to the damages for infringement provided for by section 23, where -
(a) authorized copies of the work have been made and offered for 
sale or rental in an electronic form combined with a copy 
protection or copy management device or means, and a device 
or means specifically designed or adapted to circumvent the 
said device or means is made or imported for sale or rental; 
(b) the work is authorized for inclusion in an encrypted program, 
broadcast or otherwise communicated to the public, 
including, by satellite, and a device or means enabling or 
assisting the reception of the program by those who are not 
entitled to receive the program is made or imported for sale or 
rental. Protection 
of 
expressions 
of folklore IPIN11fLKAIC/l/Add.1 
IPINIl/LKAIIIl/Add.1 
Page 31 
24 A. (1) Expressions of folklore are protected against-
(a) reproduction; 
(b) communication to the public by perfonnance, broadcasting, 
distribution by cable or other means; 
(c) adaptation, translatlon and other transfonnation, when such 
expressions are made either for commercial purposes or 
outside their traditional or customary context. 
(2) The rights conferred by subsection (1) of this section shall not apply 
where the acts referred to therein are related to -
(a) the use by a physical person exclusively for his own personal 
purposes; 
(b) using short excerpts for reporting current events to the extent 
justified by the purpose of providing current information; 
(c) the use solely for the purpose of face to face teaching or for 
scientific research; 
(d) instances referred to in section 12 and 13 where a work can be 
used without the authorization of the author or other owner of 
copyright. 
(3) In all printed publications, and in connection with any communication 
to the public of any identifiable expression of folklore, its source shall be indicated IPlNil/LKAICilIAdd.l 
IPlNil ILKA/l/1I Add.l 
Page 32 
Damages 
Scope of 
Application in an appropriate manner and in conformity with fair practice, by mentioning the 
community or place from where the expression utilized has been derived. 
(4) The right to authorize acts referred to in subsection (1) of this section 
shall vest in a competent authority to be determined by the Minister. 
(5) The money collected in relation to this section shall be used for 
purposes of cultural development. 
24 B. Any person who, without the permission of the competent authority 
referred to in section 24 A (4) uses an expression of folklore in a manner not 
permitted by section 24 A shall be in contravention of the provisions of that section 
and be liable to the competent authority in damages, and be subject to injunctions and 
any other remedy as the Court may deem fit to award in the circumstances. 
24 C. (1) The provisions of this Part in respect of the protection of literary, 
artistic or scientific works shall apply to -
(a) works of authors who are nationals of, or have their habitual 
residence in Sri Lanka; and 
(b) works first published in Sri Lanka, and works first published 
in another country and also published in Sri Lanka, within 
thirty days from such publication, irrespective of the 
nationality or residence of the author. 
(2) The provisions of this Part shall also apply to works that are protected 
in Sri Lanka by virtue of and in accordance with any international convention or 
other international agreement to which Sri Lanka is a party. IPIN/l/LKA/C/l/Add.1 
IPIN11/LKA/I/l/Add.1 
Page 33 
24 D. (1) The provisions of this Part in respect of protection of perfonners shall 
apply to -
apply to-
to -(a) performers who are nationals of Sri Lanka; 
(b) performers who are not nationals of Sri Lanka but whose 
performances:-
(i) take place on the territory of Sri Lanka; or 
(ii) are incorporated in sound recordings that are protected 
under this Part; or 
(iii) have not been fixed in a sound recording but are 
included in broadcasts qualifying for protection under 
this Part. 
(2) The provisions of this Part on the protection of sound recordings shall 
(a) sound recordings the producers of which are nationals of Sri 
Lanka; 
(b) sound recordings first fixed in Sri Lanka; and 
(c) sound recordings first published in Sri Lanka. 
(3) The provisions of this Part on the protection of broadcasts shall apply 
(a) broadcasts of broadcasting organizations the headquarters of 
which are situated in Sri Lanka; and IP/N/1/LKAIC/1/Add.l 
IP/NII ILK AlI! 11 Add.l 
Page 34 
"Indus trial 
Design" 
" Industrial 
Design" (b) broadcasts transmitted from transmitters situated in Sri Lanka. 
(4) The provisions in this Part shall also apply to performers, producers 
of sound recordings and broadcasting organizations protected by virtue of, and in 
accordance with, any international convention or other international agreements to 
which Sri Lanka is a party.". 
Amendment of section 26 of the principle enactment 
4. Section 26 of the principal enactment is hereby amended in subsection (2) of 
that section by the substitution, for the words" is contrary to morality or public order 
or which, in the opinion of the Registrar" of the words "is contrary to morality or 
public order or public interest or which in the opinion of the Director". 
Replacement of section 30 of the principal enactment 
5. Section 30 of the principal enactment is hereby amended by the repeal of that 
section and the substitution of the following section therefor:-
30 (1) Where the essential elements of an industrial design, the subject of 
an application for registration or of a registration have been derived from an 
industrial design, for which the right to protection belongs to another person such 
other person may apply in writing to the Director to assign the said application or 
registration to him. 
(2) The application for assignment shall be forwarded with the 
prescribed fee and evidence to substantiate the claim of the applicant. Where the 
registration has already been effected, the application under subsection (1) shall be 
made within one year from the date of the publication of the registration under 
section 41. Industrial 
Design­
Registration IP/NII ILKA/C/\ I Add.! 
IP/NII/LKA/I/lIAdd.\ 
Page 35 
(3) The Director shall forthwith send a copy of such application for 
assignment to the applicant for registration or the registered owner of the industrial 
design, who shall within a period of three months from the date of such notice send 
to the Director a counter statement in the prescribed manner together with evidence 
to substantiate his claim and the prescribed fee. 
(4) If the applicant or the registered owner sends a counter statement 
as referred to in subsection (3), the Director shall after hearing the parties, if he 
considers it necessary decide as expeditiously as possible whether the application or 
registration should be assigned and, where applicable whether the register should be 
rectified. If the applicant or the registered owner fails to send a counter statement as 
provided in subsection (3) within the period of three months, the Director shall allow 
the application referred to in subsection (1). 
(5) Where, after an application for the registration of an industrial 
design has been filed, the person to whom the right to protection belongs gives his 
consent to the filing of the said application, such consent shall, for all purposes, be 
deemed to have been effective from the date of filing of such application". 
Amendment of section 37 of the principal enactment 
6. Section 37 of the principal enactment is hereby amended as follows -
(1) by the renumbering of that section as subsection (1) of that section; 
and 
(2) by the addition of the following subsection immediately after the 
renumbered subsection (1) of that section -IP/N/1/LKA/C/l/ Add.l 
IP/N/I/LKA/I/lIAdd.l 
Page 36 
" (2) (a) Notwithstanding the provisions of subsection (1), where the 
Director finds that the essential elements of an industrial design in 
respect of which an application for registration is made is derived 
from an industrial design already registered, he shall notify the 
applicant accordingly and request him, with a copy to the registered 
owner of the cited industrial design, to show that the industrial design 
is not so derived. 
(b) The applicant may, within a period of three months from the date of 
such notice, tender his written submissions to the Director with the 
prescribed fee. The registered owner of the cited industrial design 
may also tender his observations in writing within the same period of 
time. 
(c) On receipt of such written submissions and observations, if any, the 
Director shall after hearing the parties if he considers it necessary 
forthwith decide \vhether or not the industrial design should be 
registered. 
(d) If the Director does not receive the written submissions of the 
applicant within the prescribed period of three months, the 
application for the registration of industrial design shall be refused". 
Amendment of section 59 of the principal enactment 
Patents-
Definition of 7. Section 59 of the principal enactment is hereby amended in subsection (3) of 
that section as follows -
Invention 
0) by the substitution for paragraph (b) of the following paragraph :-Right to a 
Patent 
Patents -
Requirements 
Of Application IPINIlILKA/C/l/Add.l 
IPIN/I/LKA/l/lIAdd.l 
Page 37 
"(b) plants and animals other than micro organisms, and essentially 
biological process for the production of plants and animals other than 
non-biological and microbiological process; 
(ii) by the addition of the following new paragraphs immediately after 
paragraph (d) of that section -
"(e) An invention which is useful in the utilization of special nuclear 
material or atomic energy in an atomic weapon. 
(f) any invention, the prevention within Sri Lanka of the commercial 
exploitation of which is necessary to protect the public order, 
morality including the protection of human, animal or plant life or 
health or the avoidance of serious prejudice to the environment" . 
Amendment of section 64 of the principal enactment 
8. Section 64 of the principal enactment is hereby amended by the addition of 
the following new subsection immediately after subsection (2) of that section-
"(3) If and to the extent to which two or more persons have made the same 
invention independently of each other, the person whose application has the earliest 
filing date or, if priority is claimed, the earliest validly claimed priority date, shall 
have the right to the patent, so long as that application is not withdrawn, abandoned 
or rejected.". 
Amendment of section 68 of the principal enactment. 
9. Section 68 of the principal enactment is hereby amended in subsection (1) of IPlNlliLKA/C/l/Add.1 
IPINIlILKAIIII/Add.1 
Page 38 
And Procedure that section:-
For Grant 
Patents -
Search Report by the repeal of paragraph (V) there of; and 
Oi) by the addition of the following paragraphs therefor: 
(v) an abstract, 
(vi) date and number of any application for a patent filed by the applicant 
abroad (herein after referred to as "the foreign application"), if any, 
relating to the same, or essentially the same, invention as that claimed 
in the application; 
(vii) a declaration that the applicant or his predecessor in title has not 
obtained a patent abroad before the application was filed relating to 
the same or essentially the same invention as that claimed in the 
application; 
(aa) if the declaration referred to in paragraph 68(1) (a) (vii) is found to be 
false the Court may declare the patent to be null and void on an 
application made to it by any interested party. The registered owner 
of the patent, assignees and licensees shall be made party to that 
application. " 
Amendment of section 70 of the principal enactment 
10. Section 70 of the principal enactment is hereby amended by the insertion of 
the following new subsection immediately after subsection (2) of that section :-
"(2A) (a) the applicant shall, at the request of the Director, furnish him with 
the following documents in respect of any foreign application for a patent Patents -
Amendment and 
Division of 
Application 
Patents -
Filing date IP/NIlILKA/CIl/Add.l 
IP/N/1/LKAIII1/Add.1 
Page 39 
filed by him abroad relating to the same or essentially the same invention as 
that claimed in the application filed under this Code -
(i) a copy of any communication received by the applicant 
concerning the results of any search or examination carried 
out in respect of the foreign application; 
(ii) a copy of the patent granted on the basis of the foreign 
application; and 
(iii) a copy of any final decision rejecting the foreign application 
or refusing the grant requested in the foreign application. 
(b) The applicant shall, at the request of the Director, furnish him with a 
copy of any final decision invalidating the patent granted on the basis 
of the foreign application referred to in paragraph (a).". 
Amendment of section 72 of the principal enactment 
11. Section 72 of the principal enactment is hereby amended by the addition of 
the following new subsection immediately after subsection (2) of that section -
"(3) An amendment to an application or a division of application shall be 
subject to a prescribed fee.". 
Amendment of section 74 of the principal enactment 
12. Section 74 of the principal enactment is hereby amended in subsection (2) of 
that section by the substitution for the words "he shall request the applicant to file the IPIN/l/LKAIC/l/Add.! 
IPIN/l/LKA/I/lIAdd.! 
Page 40 
required correction". of the words "he shall request the applicant to file the required 
correction within a period of three months from the date of such request.". 
Patents-
Examination Amendment of section 75 of the principal enactment 
13. Section 75 of the principal enactment is hereby amended as follows -
(1) in subsection (1) of that section by the insertion of the follo\ving 
paragraph immediately after paragraph (d) -
"(dd) the essential elements of the invention claimed in the 
application have not been unlawfully derived from a patent 
already granted.". 
(2) in subsection (2) of that section by the substitution for the words "he 
shall request the applicant to file the required correction;" of the 
words "he shall request the applicant to file the required correction 
within a period of three months from the date of such request"; 
(3) by insertion of the following new subsection immediately after 
subsection (3):-
"(3A) 'Where the Director finds that the essential elements 
of an invention claimed in an application are unlawfully 
derived from a patent already granted, such application shall 
be rejected.". 
(4) By the repeal of subsection (4) of that section and the substitution of 
the following subsection therefor :-Patents -
Grant of patent 
Patents-
Duration of 
Patents 
Patents-
Rights of 
Owner of 
Patent IPINIl/LKA/C/l/Add.l 
IPINIl/LKA/III/Add.1 
Page 41 
"(4) The Director shall notify the applicant of any decision 
under subsections (2), (3) and (3A) and any decision taken to 
reject the application shall be in writing giving the reasons for 
such rejection.". 
Amendment of section 76 of the principal enactment 
14. Section 76 of the principal enactment is hereby amended by the substitution 
in subsection (1) of that section for the words "performance of any act in respect of 
the claimed invention is prohibited by any law or regulation, except where the 
performance of that act would be contrary to public order." of the words "commercial 
exploitation of the claimed invention is prohibited by any law or regulation except 
\vhere the prevention of the commercial exploitation of the claimed invention is 
necessary to protect public order.". 
Amendments of section 80 of the principal enactment 
15. Section 80 of the principal enactment is hereby amended in subsection (1) of 
that section by the substitution for the words "a patent shall expire fifteen years after 
the date of its grant." of the words 11 a patent shall expire twenty years after the date 
of application for its registration. ". 
Amendment of section 81 of the principal enactment 
16. Section 81 of the principal enactment is hereby amended as follows -
(1) in subsection (1) of that section-
(a) by the substitution for the words" in relation to the patented" IP/N/l/LKAIC/l/Add.l 
IP/N/l/LKA/I/l1 Add.l 
Page 42 
Patents-
"Burden of 
proof to 
be on the 
infringer" . of the words "in relation to patented invention"; 
(b) in paragraph (a) of that subsection for the words" to exploit 
the patent" of the words "to exploit the patented;" 
(2) in paragraph (b) of subsection (3) of that section by the addition of 
the following new subparagraph immediately after subparagraph (II) 
of that paragraph -
"(iii) preventing any person using that process or using, sell ing or 
importing any product obtained directly by means of that 
process unless such person is authorised to do so.". 
Insertion of a new section 81 A in the principal enactment 
17 The following new section is hereby inserted immediately after section 81 
and shall have effect as section 81A of the principal enactment -
81 A.(1) Where the subject matter of a patent is a process for obtaining a 
product, the burden of proof in a civil action of establishing that an alleged infringing 
product was not obtained by that patented process shall be on the alleged infringer -
(a) if the product obtained by the patented process is new; or 
(b) if a substantial likelihood exists that the product was made by 
the patented process and the patent owner has been unable 
through reasonable efforts to determine the process actually 
used. Patents-
Limitation of 
Owner's 
rights 
Marks, 
Trade Names 
And 
Unfair 
Competition IPINIl/LKA/CllIAdd.1 
IPINIIILKA/I/I/Add.1 
Page 43 
(2) In the gathering and evaluation of evidence the legitimate interests of 
the alleged infringer in protecting his undisclosed information shall be taken into 
account.". 
Amendment of section 82 of the principal enactment 
18. Section 82 of the principal enactment is hereby amended by the addition of 
the following new subsection immediately after subsection (3) of that section -
"(4) not extend to acts in respect of articles which have been put in the 
market by the owner of the patent or with his written consent.". 
Amendment of section 97 of the principal enactment 
19. Section 97 of the principal enactment is hereby amended as follows:-
(1) by the omission of the definition "appellation of origin" appearing 
in that section; 
(2) by the insertion immediately before the definition of "collective 
mark" appearing in that section of the following new definition-
"Certification Mark" means a mark indicating that the goods 
or services in connection with which it is used are certified by 
the proprietor of the mark in respect of origin, material, mooe 
of manufacture of goods or performance of services, quality, 
accuracy or other characteristics."; and IP/N/I/LKA/CllIAdd.l 
IP/N/lILKA/I/IIAdd.l 
Page 44 
Marks, 
Trade Names (3) by the insertion immediately after the definition of "false trade 
description" appearing in that section of the following neV'i definition 
"geographical indication" means an indication which identifies a 
good as originating in the territory of a country, or a region or locality 
in that territory, where a given quality, reputation or other 
characteristic of the good is essentially attributable to its 
geographical origin. ". 
Amendment of section 99 of the principal enactment 
And 
Unfair 20. Section 99 of the principal enactment ishereby amended in subsection (1) of 
that section as follows -
Competition-
(1) in paragraph (0 of that sub section by the substitution for the words 
"the source, the manufacturing process," of the words "the source, 
geographical indication, the manufacturing process"; and 
(2) by the repeal of paragraph (k) of that subsection and the substitution 
of the following new paragraph therefor: -
"(k) "Which resembles in such a way as to be likely to mislead the 
public, a mark or a collective mark or a certification mark the 
registration of which has expired and has not been renewed 
during a period of two years preceding the filing of the 
application for the registration of the mark in question or 
where its renunciation, removal or nullity has been recorded 
in the register during a period of two years preceding the 
filing of the application for the mark in question". Marks, 
Trade Names 
And 
Unfair 
Competition IP/]\;/l/LKAIC/\/Add.\ 
IPIN/l/LKA/I/l/Add.\ 
Page 45 
Amendment to section 100 of the principal enactment 
21. Section 100 of the principal enactment is hereby amended in subsection (1) 
of that section as follows-
(1) by the repeal of paragraph (a) of that subsection and the substitution 
of the following new paragraph therefor-
"(a) which resembles, in such a way as to be likely to mislead the 
public, a mark already validly filed or registered by a third 
party, or subsequently filed by a person validly claiming 
priority in respect of identical or similar goods or services in 
connection with which the use of such mark may be likely to 
mislead the public"; 
(2) by the repeal of paragraph (d) of that subsection and the substitution 
of the following new paragraph therefor -
"(d) If it is identical with, or misleadingly similar to, or constitutes 
a translation or transliteration or transcription of a mark or 
trade name which is well known in Sri Lanka for identical or 
similar goods or services of a third party, or if it is \vell 
known and registered in Sri Lanka for goods or services 
which are not identical or similar to those in respect of which 
registration is applied for, provided in the latter case the use 
of the mark in relation to those goods or services would 
indicate a connection between those goods or services and the 
owner of the well known mark and that the interests of the 
owner of the well known mark are likely to be damaged by IPINII ILKA/CIlIAdd. 1 
IPINIl ILK AlII 1 I Add.l 
Page 46 
Marks, 
Trade Names 
And 
Unfair 
Competition-
Marks, 
Trade Names 
And 
Unfair 
Competition 
Marks, 
Trade Names 
And 
Unfair 
Competition 22. such use"; and 
(3) in paragraph (e) of that section by the substitution for the words 
"provisions of Chapter XXIX relating to" of the words "provisions 
of Chapter XXIX A relating to the". 
Amendment of section 1 02 of the principal enactment 
Section 1 02 of the principal enactment is hereby amended in paragraph 
(b) of that section by the substitution for the words "address and description of the 
applicant and" of the words "address of the applicant and". 
Amendment of section 106 of the principal enactment. 
23. Section 106 of the principal enactment is hereby amended in subsection 
(2) of that section by the addition of the following words at the end of the proviso to 
that subsection -
"The date on which the applicant remedies such defect shall be considered 
the date of receipt of the application for registration". 
Amendment of section 107 of the principal enactment 
24. Section 107 of the principal enactment is hereby amended as follows -
(1) in subsection (6) of that section by the substitution for the words "if 
required by the applicant state in writing the grounds of his decision" 
of the words "if required by the applicant within a period of three 
months from such refusal or conditional acceptance, state in writing Marks, 
Trade Names 
And 
Unfair the grounds of his decision"; IP/N/lILKA/C/l/Add.l 
IP/NIl/LKAII/l/Add.l 
Page 47 
(2) 10 subsection (10) of that section by the substitution for words 
"grounds of opposition" of the words "grounds of opposition 
"accompanied by evidence to substantiate such grounds."; 
(3) in subsection (12) of that subsection by the substitution for the words 
" his observations on those grounds in writing within a period of three 
months", of the words "his observations in writing accompanied by 
evidence to support his application within a period of three 
months." ;and 
(4) in subsection (13) of that section by the substitution for the words 
"accordingly register such mark", of the words" accordingly register 
such mark -
(a) where no appeal is preferred against his decision, upon the 
expiry of the period within which an appeal may be preferred 
against his decision; 
(b) where an appeal is preferred against his decision, upon the 
dismissal of such appeal, 
as the case may be." 
Amendment of section 116 of the principal enactment 
25. Section 116 of the principal enactment is hereby amended by the 
substitution for the words "the registered owner of any mark may apply in the IP/N/\/LKA/CllIAdd,\ 
IP/N/\/LKAIII\/Add,\ 
Page 48 
Competition 
Marks, 
Trade Names 
And 
Unfair 
Competition 
Marks, 
Trade Names 
And 
Unfair 
Competition 
"Collective 
Marks" prescribed manner to the Registrar" of the words "The registered owner of any mark 
may apply in the prescribed manner and with prescribed fee to the Director.". 
Amendment of section 117 of the principal enactment 
26. Section 117 of the principal enactment is hereby amended in subsection (2) 
of that section by the repeal of paragraph (a) and the substitution of the following 
new paragraph -
"(a) Any use of the mark, or a sign resembling it in such a way as to be 
likely to mislead the public, for goods or services in respect of which 
the mark is registered or for similar goods or services in connection 
with which the use of the mark or sign is likely to mislead the public; 
and 
Amendment of section 130 of the principal enactment 
26 A. Subsection (3) of section 130 of the principal enactment is hereby 
amended by the substitution for the words "the date of registration of the mark" of 
the words "the date of issue of the certificate of registration under section 109 (3)". 
Replacement of section 134 of the principal enactment 
27. Section 134 of the principal enactment is hereby repealed and the following 
section is substituted therefor -
134. (1) the subject to the provisions of this Chapter the provisions relating 
to marks shall apply to collective marks. "Collective 
Marks" IPfN/1/LKAIC/l/Add.l 
IPfN/l/LKA/I/1I Add.l 
Page 49 
(2) In relation to a collective mark, the reference in section 97 (signs of 
which a trade mark or service mark may consist) to distinguishing goods or services 
of one enterprise from those of other enterprises shall be construed as a reference to 
distinguishing goods or services of the enterprises which use the collective mark 
from those of other enterprises.". 
Amendment of section 135 of the Principal enactment 
28. Section 135 of the principal enactment is hereby amended by the insertion 
of the following new subsections immediately after subsection (2) of that section -
"(3) A collective mark shall not be registered unless the conditions 
governing the use of the mark -
(4) (a) comply with the provisions of sub-section (2) and any further 
requirements imposed by the regulations, and 
(b) are not contrary to public policy or accepted principles of 
morality. 
(a) An authorized user is entitled, subject to any agreement to the 
contrary between him and the registered owner of the 
collective mark to call on the owner to take infringement 
proceedings in respect of any matter which affects his 
interests. 
(b) If the owner-
(i) refuses to do so; or IP/N/liLKAICllIAdd.1 
IP/NII/LKA/I/ll Add.1 
Page 50 
(ii) fails to do so within two months after being called 
upon to do so, 
the authorized user may bring the proceedings in his o\vn 
name as if he were the owner. The registered owner shall be 
made party to the action. 
(c) In infringement proceedings brought by the owner of a 
registered collective mark, any loss suffered or likely to be 
suffered by authorised users shall be taken into consideration 
by Court. 
(5) The registration of the collective mark may be removed on the 
following grounds in addition to the grounds specified in section 132 
(i) that the manner in which the mark has been used by the 
owner has caused it to become liable to mislead the 
public to understand or think that the mark has state 
patronage. 
(ii) that the owner has failed to observe, or to secure the 
observance of, the conditions governing the use of the mark, 
or 
(iii) that an amendment of the conditions has been made 
so that the conditions-
(a) no longer comply with subsection (2) and any other 
condition imposed by regulation made under this Act, " Certification 
Marks" or IP/N/1/LKA/C/l/Add.1 
IP/N/]/LKAII/l/Add.1 
Page 51 
(b) are contrary to public policy or to the accepted 
principles of morality. 
(6) The registration of a collective mark shall be declared null and void 
if it was registered in violation of the provisions of section 130 and 
subsections (2) and (3) of section 135. 
(7) The provisions of Sections 117(1)(b) and (c), 119, 120, 121, 122, 123, 
124,125, 126, 127 and 128 shall not apply to collective marks." 
Replacement of section 137 of the principal enactment 
29. Section 137 of the principal enactment is hereby repealed and the following 
Chapter is substituted therefor: -
"CHAPTER XXVIII A 
CERTIFICATION l\-IARKS. 
137 (1) Subject to the provisions of this Chapter provisions relating to marks 
shall apply to certification marks. 
(2) In relation to a certification mark the reference in section 97 (signs of 
which a trade mark or service mark may consist) to distinguishing goods or services 
of one enterprise from those of another enterprise shall be construed as a reference 
to distinguishing goods or services which are certified from those which are not 
certified. IP/N/l/LKAICllIAdd.l 
IP/N/l/LKA/I/l/Add.l 
Page 52 
(3) An application for registration of a certification mark shall not be filed 
unless in the application the mark is designated as a certification mark and it is 
accompanied by a copy of such conditions as may be prescribed governing the use 
of the mark duly certified by the applicant. 
(4) The conditions prescribed under subsection (3) shall define the 
common characteristics or quality of the goods or services which the certification 
mark shall designate and the conditions in which, and the person by whom, it may 
be used. They shall further provide for the exercise of effective control over the use 
of the mark and shall specify proper sanctions for the use of the mark contrary to the 
said conditions. 
(5) A certification mark shall not be registered:-
(a) if the owner of the certification mark carries on a business 
involving the supply of goods or services of the kind certified; 
and 
(b) unless the conditions governing the use of the mark, 
(i) comply with the provisions of subsection (4) and any 
other requirement as may be imposed by regulations; 
and 
(ii) are not contrary to public policy or accepted 
principles of morality. 
(6) In infringement proceedings brought by the owner of the registered 
certification mark any loss suffered, or likely to be suffered, by authorised users shall IP/N/liLKAIC/l/Add.l 
IPIN/l/LKAII/l/Add.l 
Page 53 
be taken into account; and the Court may give such directions as it thinks fit as to the 
extent to which the owner is to hold the proceeds of any pecuniary remedy on behalf 
of such users. 
(7) Apart from the grounds of removal of a mark provided for in section 
132, the registration of a certification mark may be removed on the ground:-
(a) that the owner has begun to carryon such a business as is 
mentioned in paragraph (a) of subsection (5); 
(b) that the manner in which the mark has been used by the 
owner has caused it to become liable to mislead the public as 
to the character or significance of the mark; 
(c) the owner has failed to observe, or to secure observance of, 
the conditions governing the use of the mark; 
(d) that the owner is no longer competent to certify the goods or 
services for which the mark is registered; 
(e) that an amendment of the conditions have been made so that 
the conditions-
(i) no longer comply with the provisions of subsection 
(4) and any other condition imposed by regulations; 
(ii) are contrary to public policy and order or to the 
accepted principles of morality. IPINIl/LKA/CIl/Add.l 
IPINIl/LKA/IIl/Add.l 
Page 54 
Use of 
Collective 
Marks and 
other Matters 
Unfair 
Competition 
And 
Undisclosed 
Information (8) Apart from the grounds of nullity provided in section 130 the 
registration of a certification mark may be declared null and void if it was registered 
contrary to the provisions of subsections (4) and (5)." 
Repeal of section 138 of the principal enactment 
30. Section 138 of the principal enactment is hereby repealed. 
Replacement of Section 142 of the principal enactment 
31. Section 142 of the principal enactment is hereby repealed and the following 
new CHAPTERS are substituted therefor and shall have effect as CHAPTER 
XXIXA CHAPTER XXIXB and CHAPTER XXIXC respectively of the principal 
enactment: -
"CHAPTER XXIX A 
Unfair competition and undisclosed 
information. 
142(1) (a) Any act or practice in the course of industrial or commercial 
activities, that is contrary to honest practices shall constitute 
an act of unfair competition. 
(b) The provisions of this section shall apply independently of, and 
in addition to, other provisions of the Code protecting 
inventions, industrial designs, marks, literary, scientific and 
artistic works and other intellectual propeny. IP/NI1 ILKAIC/liAdd. 1 
IP/N/l/LKAIIIlIAdd.1 
Page 55 
(2) (a) Any act or practice, in the course of industrial or commercial 
activities, that causes, or is likely to cause, confusion 
with respect to another's enterprise or its activities, in 
particular, the products or services offered by such enterprise, 
shall constitute an act of unfair competition. 
(b) Confusion may, in particular, be caused with respect to -
(i) a mark, whether registered or not; 
(ii) a trade name; 
(iii) a business identifier other than a mark or trade name; 
(iv) the appearance of a product; 
(v) the presentation of products or services; 
(vi) a celebrity or a well-known fictional character. 
(3) (a) Any act or practice, in the course of industrial or commercial 
activities, that damages, or is likely to damage, the goodwill or 
reputation of another's enterprise shall constitute an act of unfair 
competition, regardless of whether such act or practice causes 
confusion. 
(b) Damaging another's goodwill or reputation may, in particular, result 
from the dilution of the goodwill or reputation attached to -IPlNllILKA/CIl/Add.l 
IPINII/LKA/IIl / Add.l 
Page 56 
(i) a mark, whether registered or not; 
(ii) a trade name; 
(iii) a business identifier other than a mark or a trade name; 
(iv) the appearance of a product; 
(v) the presentation of products or services; 
(vi) a celebrity or a well-known fictional character. 
(C) For the purposes of these provisions, "dilution of goodwill or 
reputation" means the lessening of the distinctive character or 
advertising value of a mark, trade name or other business identifier, 
the appearance of a product or the presentation of products or services 
or of a celebrity or well-known fictional character. 
(4) (a) Any act or practice, 10 the course of industrial or commercial 
activities, that misleads, or is likely to mislead, the public with 
respect to an enterprise or its activities, in particular, the products or 
services offered by such enterprise, shall constitute an act of unfair 
competition. 
(b) Misleading may arise out of advertising or promotion and may, in 
particular occur with respect to -
(i) the manufacturing process of a product; IPINIlILKAICIl/Add.l 
IPINIl/LKAIIII/Add.l 
Page 57 
(ii) the suitability of a product or service for a particular purpose; 
(iii) the quality or quantity or other characteristics of products or 
services; 
(iv) the geographical indication of products or services; 
(v) the conditions on which products or services are offered or 
provided; 
(vi) the price of products or services or the manner in which it is 
calculated. 
(5) (a) Any false or unjustifiable allegation, in the course of industrial or 
commercial activities, that discredits, or is likely to discredit, 
another's enterprise or its activities, in particular, the products or 
services offered by such enterprise. shall constitute an act of unfair 
competition. 
(b) Discrediting may arise out of advertising or promotion and may, in 
particular, occur with respect to -
(i) the manufacturing process of a product; 
(ii) the suitability of a product or service for a particular purpose; 
(iii) the quality or quantity or other characteristics of products or 
services; IPINIl/LKA/CllIAdd.l 
IPINII/LKA/I/]/Add.l 
Page 58 
(iv) the conditions on which products or services are offered or 
provided; 
(v) the price of products or services or the manner in which it is 
calculated. 
(6) (a) Any act or practice, In the course of industrial or commercial 
activities, that results in the disclosure, acquisition or use by others, 
of undisclosed information without the consent of the person la\vfully 
in control of that information (in this section referred to as "the 
rightful holder") and in a manner contrary to honest commercial 
practices shall constitute an act of unfair competition. 
(b) Disclosure, acquisition or use of undisclosed information by others 
without the consent of the rightful holder may, in particular, result 
from:-
(i) industrial or commercial espionage; 
(ii) breach of contract; 
(iii) breach of confidence; 
(iv) inducement to commit any of the acts referred to in sub 
paragraph 0) to (iii) ; 
(v) acquisition of undisclosed information by a third party who 
knew, or was grossly negligent in failing to know, that an act 
referred to in sub paragraph (i) to (iv) was involved in the IPINII ILKA/C/l I Add.! 
IPIN/1/LKA/I/lIAdd.! 
Page 59 
acquisition. 
(c) For the purposes of the Code, information shall be considered 
"undisclosed information" if :-
(i) it is not, as a body or in the precIse configuration and 
assembly of its components, generally known among, or 
readily accessible to, persons within the circles that normally 
deal with the kind of information in question; 
(ii) it has actual or potential commercial value because it is 
secret; and 
(iii) it has been subject to reasonable steps under the 
circumstances by the rightful holder to keep it secret. 
(d) Any act or practice, in the course of industrial or commercial activities, 
shall be considered an act of unfair competition if it consists or results 
10:-
(1) an unfair commercial use of secret test or other data, the 
origination of which involves considerable effort and which 
have been submitted to a competent authority for the purposes 
of obtaining approval, of the marketing of pharmaceutical or 
agricultural or chemical products which utilize new chemical 
entities; or 
(2) the disclosure of such data, except where necessary to protect 
the public, or unless steps have been taken to ensure that the 
data is protected against unfair commercial use. IP/N/l/LKA/C/l/Add.l 
IP/N/l/LKA/I/lIAdd.l 
Page 60 
(e) The undisclosed infonnation for the purpose of the Code shall include:-
(i) technical infonnation related to the manufacture of goods or the 
provision of services; or 
(ii) business infonnation which includes the internal infonnation which 
an enterprise has developed so as to be used within the enterprise. 
In this section the word "enterprise" has the same meaning as in 
section 97 of the Code. 
(7) Any person or association of producers, manufacturers or traders aggrieved 
by any act or practice referred to in this CHAPTER may institute proceedings in 
Court to prohibit the continuance of such act or practice and the provisions of 
Chapter XXXII of the Code relating to infringement shall apply, mutatis mutandis, 
to such proceeding. 
(8) (i) Any person, who willfully and without la\\iul authority, discloses any 
undisclosed infonnation shall be guilty of an offence under this Code 
and shall on conviction after summary trial before Magistrate be 
liable to a fine not exceeding five hundred thousand rupees or to 
imprisonment for a tenn not exceeding six months or to both such 
fine and imprisonment. 
(ii) The provisions of Part VI of the Code shall apply mutatis mutandis 
to this offence. 
(9) The rights conferred by the provisions of sub section (6) shall be in 
addition to, and not in derogation of, any common law rights. Protection 
Of 
Geographical 
Indications CHAPTER XXIX B IP/N/I ILKA/CI 1 I Add.1 
IP/N/I/LKA/I/l/Add.1 
Page 61 
Geographical Indications. 
142 A. (1) Any interested party shall be entitled to prevent-
(i) the use of any means in the designation or presentation of a good, 
that indicates or suggests that the goods (including an agricultural 
product, food, wine or spirit) in question originates in a geographical 
area other than the true place of origin in a manner which misleads 
the public as to the geographical origin of the good; or 
Oi) any use which constitutes an act of unfair competition within the 
meaning of section 142; 
(iii) the use of a geographical indication identifying wines not originating 
in the place indicated by the geographical indication in question or 
identifying spirits for spirits not originating in the place indicated by 
the geographical indication in question, even where the true origin of 
the goods is indicated or the geographical indication is used in 
translation or accompanied by expression such as kind, type, style or 
imitation or the like. 
(2) The protection accorded to geographical indications under sections 99, 
142 and 142 A shall be applicable against a geographical indication which, although 
literally true as to the territory, region or locality in \vhich the goods originate, falsely 
represents to the public that the goods originate in another territory. IP/N/lILKA/CIIIAdd,l 
IP/N/lILKA/I/IIAdd,l 
Page 62 
Registered 
Agents (3) In the case of homonymous geographical indications for wines, 
protection shall be accorded to each indication, subject to paragraph (2) of this 
section. The Minister, in cases of permitted concurrent use of such indications, shall 
determine by regulations the practical conditions under which the homonymous 
indications in question will be differentiated from each other, taking into 
consideration the need to ensure equitable treatment of the producers concerned and 
the protection of consumers from false or deceptive indications. 
(4) The Court shall have power and jurisdiction to grant an injunction and 
any other relief deemed appropriate to prevent any such use as is referred to in this 
section. The provisions of Chapter XXXII of the Code shall apply, mutatis mutandis, 
to such proceedings. 
(5) For the purposes of this section "geographical indications" shall have 
the same meaning as in section 97. 
CHAPTER XXIX C 
Registered Agents 
142 B (1) An Agent referred to in the Code means an Agent registered under the 
provisions of the Code and regulations made thereunder. 
(2) Only an agent registered under the Code shall have status and be 
competent to act as an agent under the Code. 
(3) A person may be admitted and registered as an agent if he is:-
(a) a citizen of Sri Lanka and is ordinarily resident in Sri Lanka, 
and Offences 
And 
Penalties (b) (i) IP/N/I/LKA/CIIIAdd.l 
IP/NI1 ILKA/IIl I Add.l 
Page 63 
an attorney-at-law of the Supreme Court of Sri Lanka, 
or 
(ii) a person duly qualified to be appointed as an agent 
under regulations made by the Minister. 
(4) A corporate body or a firm may act as an agent if all the Directors of 
such corporate body or all the partners of the firm, as the case may be, are registered 
agents. 
(5) The registration of an agent under the Code shall be valid for a period 
of three years and shall be renewable, subject to the payment of a prescribed fee, for 
a consecutive period of three years provided, however, that a period of grace of six 
months shall be allowed for renewal upon payment of such surcharge as may be 
prescribed. 
(6) Notwithstanding anything in the provisions of sub section (2), any 
duly appointed agent, irrespective of not being registered under this CHAPTER, may 
represent his clients, for a period of two years from the date on which this CHAPTER 
comes into operation. 
(7) The power of attorney referred to in the Code means a power of 
attorney duly executed or a letter of authorisation duly signed by the principal.", 
Amendment of Section 144 of the principal enactment 
32. Section 144 of the principal enactment is hereby amended as follows :-
(1) in subsection (1) of that section by the substitution for the words "a IPINII/LKA/CIIIAdd.l 
IPINII/LKA/III I Add.l 
Page 64 
Offences 
And fine not exceeding twenty thousand" of the words " a fine not 
exceeding five hundred thousand"; 
(2) by the renumbering of subsection (2) of that section as subsection (3) 
of that section; 
(3) in the renumbered subsection (3) of that section by the omission of 
the word "copy right" and substitution of the word "right"; and 
(4) by the insertion of the following new subsection immediately after 
subsection (1) of that section. 
"(2) Any person knowing or having reason to believe that copies 
have been made in infringement of the rights protected under 
Part II of the Code sells, or displays for, or has in his 
possession for, sale or rental or for any purpose of trade any 
such copies, shall be guilty of an offence and shall be liable 
on conviction by a Magistrate for a fine not exceeding Rupees 
five hundred thousand or to imprisonment for a term not 
exceeding six months or to both such fine and such 
imprisonment, and in the case of second or subsequent 
conviction, to double the aforesaid fine or term of 
imprisonment or both". 
Amendment of section 145 of the principal enactment 
Penalties 33. Section 145 of the principal enactment is hereby amended by the substitution 
for the words "a fine not exceeding twenty thousand rupees" of the words "a fine not 
exceeding five hundred thousand rupees". Offences 
And 
Penalties 
Offences 
And 
Penalties 
Offences 
And 
Penalties IPfNI!/LKAIC/1/Add.! 
IPfN/1/LKA/I/l/Add.! 
Page 65 
Amendment of section 146 of the principal enactment 
34. Section 146 of the principal enactment is hereby amended in subsection (1) 
of that section by the substitution for the words "to a fine not exceeding "twenty 
thousand rupees" of the words "to a fine not exceeding five hundred thousand 
rupees". 
Amendment of section 147 of the principal enactment 
35. Section 147 of the principal enactment is hereby amended by the 
substitution for the words "to a fine not exceeding twenty thousand rupees" of the 
words "to a fine not exceeding five hundred thousand rupees". 
Amendment of section 148 of the principal enactment 
36. Section 148 of the principal enactment is hereby amended subsection (1) 
of that section by the substitution for the words "to a fine not exceeding twenty 
thousand rupees" of the words "to a fine not exceeding five hundred thousand 
rupees" . 
Amendment of section 149 of the principal enactment 
37. Section 149 of the principal enactment is hereby amended by the 
substitution for the words "twenty thousand rupees" of the words "five hundred 
thousand rupees". IPINIl/LKAICIlIAdd.l 
IPINIl/LKAIIII/Add.l 
Page 66 
"False 
Declaration 
To be an 
Offence Amendment of section 150 of the principal enactment 
38. Section 150 of the principal enactment is hereby amended by the 
substitution for the words "to a fine not exceeding twenty thousand rupees" of the 
words "to a fine not exceeding five hundred thousand rupees". 
Amendment of section 151 of the principal enactment 
39. Section 151 of the principal enactment is hereby amended in subsection (1) 
of that section by the substitution for the words "to a fine not exceeding twenty 
thousand rupees" of the words "to a fine not exceeding five hundred thousand 
rupees". 
Amendment of section 152 of the principal enactment 
40. Section 152 of the principal enactment is hereby amended in subsection (4) 
of that section by the substitution for the words "to a fine not exceeding twenty 
thousand rupees" of the words "to a fine not exceeding five hundred thousand 
rupees." 
Insertion of new section 156A in the principal enactment 
41. The following new sections are hereby inserted immediately after section 
156 and shall have effect as section 156A of the principal enactment -
156 A. (1) Every person who -
(a) makes a false declaration to the Director; "Limitation of 
Prosecution" IPINIl ILKAICIl I Add.1 
IPINI 1 ILKA/II 1 / Add.1 
Page 67 
(b) makes a false declaration in respect of Geographical Indications 
inclusive of Ceylon Tea, 
shall be guilty of an offence and shall be liable on conviction by a 
Magistrate to a fine not exceeding five hundred thousand rupees. 
(2) Every person who makes a false declaration or provides false 
infonnation to Customs Authorities which causes them to act under 
section 166 in respect of goods referred to therein shall be guilty of 
an offense and shall be liable on conviction by a Magistrate to a fine 
not less than two hundred thousand rupees or to imprisonment for a 
tenn not exceeding six months or to both such fine and 
imprisonment." . 
Replacement of section 165 of the principal enactment 
42. Section 165 of the principal enactment is hereby repealed and the following 
new section is substituted therefore -
165. No prosecution for an offence under the Code shall be commenced after 
the expiration of three years after the commission of the offence charged or two years 
after the discovery thereof by the prosecutor, which ever expiration first occurs.". 
Replacement of section 166 of the principal enactment 
43. Section 166 of the principal enactment is hereby repealed and the following 
section is substituted therefor -IP/N/l/LKAIC/l/Add.l 
IP/N/l/LKAIII1/Add.1 
Page 68 
"Amendment 
Of Certain 
Provisions 
Of the 
Customs 
Ordinance" 166 (1) Importation of counterfeit trademark goods or pirated copyright goods 
or any other goods in contravention of the provisions of the Code shall be 
prohibited and such goods shall be included among the goods prohibited to be 
imported as if they were referred to in section 43 of the Customs Ordinance and 
included in Schedule B of the Customs Ordinance as prohibited goods. 
(2) Exportation of goods referred to in subsection (1) of this section shall 
be prohibited and such goods shall be included among the goods prohibited to be 
exported as if they were referred to in section 44 of the Customs Ordinance and 
included in Schedule B of the Customs Ordinance as prohibited goods. 
(3) Counterfeit trademark goods mean any goods, including packaging, 
bearing without authorization of a trade mark which is identical to a trade mark 
validly registered in respect of such goods or which cannot be distinguished in its 
essential aspects from such a trade mark, and which thereby infringes the rights of 
the owner of the trade mark recognized by the Code. 
(4) Pirated copyright goods mean any goods which are made without 
the consent of the copyright holder or person duly authorized by the copyright holder 
in the country of production and which are made directly or indirectly from an article 
where the making of that copy would have constituted an infringement of a copyright 
or a related right by the Code. 
(5) This section shall have effect as if it formed part of the Customs 
Ordinance. 
(6) The Minister in charge of the subject of Customs shall have power 
to make regulations required to enforce the above provisions. "Suspension 
Of Certain 
Goods by 
Customs 
Authorities" IPINIl/LKA/CIIIAdd.l 
IP/N/l/LKA/I/IIAdd.l 
Page 69 
(7) All regulations made under this section shall be published in the 
Gazette and shall come into operation on the date of such publication or on such later 
date as may be specified in the regulation. 
(8) Every regulation made under subsection (1) shall soon as 
convenient after its publication be brought before Parliament for approval. Any such 
regulation which is not so approved shall be deemed to be rescinded from the date 
of disapproval but without prejudice to any thing previously done thereunder. 
Notification of the date on which a regulation is deemed to be rescinded shall be 
published in the Gazette". 
Insertion of a new section 166 A 
44. The following new section is hereby inserted immediately after section 166 
and shall have effect as section 166 A of the principal enactment. 
166 A (1) A right holder, who has valid grounds to believe that the importation 
of counterfeit trademark or pirated copyright goods or of any other goods in 
contravention of the right holder's rights under the Code is taking place, may make 
an application in writing with the Director-General of Customs, for the suspension 
by him, of the release of such goods into free circulation. 
(2) Every right holder who makes an application under subsection (1) 
shall provide adequate evidence to satisfy the Director-General of Customs that there 
is prima facie an infringement of the right holder's rights under the Code and supply 
a sufficiently detailed description of the goods to make them readily recognizable by 
the customs authorities. I PIN/ 1 /LKA/C/ 1 / Add.l 
I PIN/ 1 /LKA/I1l / Add.l 
Page 70 
(3) (a) The Director-General of Customs shall have the power to require 
an applicant to provide a security or equivalent assurance 
sufficient to protect the defendant and to prevent abuse. 
(b) Where pursuant to an application made under subsection (1), the 
Director-General of Customs suspends the release of any 
goods into free circulation, the Director-General shall cause the 
importer and the applicant to be promptly notified of 
the suspension. 
(4) If, within a period not exceeding ten working days after the applicant 
has been informed of the suspension as provided for in subsection (3), the Director­
General of Customs is not informed that proceedings leading to a decision on the 
merits of the case has been initiated in a court, the Director-General shall cause the 
goods to be released, provided that all other conditions for importation or exportation 
have been complied with. 
(5) Where pursuant to an application made under subsection 0), the 
Director-General of Customs has suspended the release of any goods into free 
circulation and the period referred to in subsection (4) has expired without the 
granting of any provisional relief by a Court, and provided that all other conditions 
for importation have been complied with, the owner, importer or consignee of such 
goods shall be entitled to their release. 
(6) Notwithstanding anything contained in the preceding provisions of 
this section, where the suspension of the release of any goods is carried out or 
continued in accordance with an order of Court, the provisions of section 179(4) shall 
apply. IPINI1/LKA/CI1IAdd.1 
IP/NI1ILKA/IIlIAdd.1 
Page 71 
(7) The court shall have the authority to order the applicant to pay the 
importer, the consignee and the owner of the goods, appropriate compensation for 
any injury caused to them through the wrongful detention of goods or through the 
detention of goods released pursuant to the preceding provisions of this section. 
(8) Without prejudice to the protection of confidential information, the 
Court shall have power to give the right holder sufficient opportunity to have any 
goods detained by the customs authorities inspected in order to substantiate the right 
holder's claims. The Court shall also have power to give the importer an equivalent 
opportunity to have any such goods inspected. 
(9) Without prejudice to other rights of action open to the right holder 
and the defendant, the Court shall have the authority to order the destruction or 
disposal of infringing goods in accordance with the principles set out in section 
179(3). In regard to counterfeit trademark goods, the Court shall not allow the re­
exportation of the infringing goods in an unrelated state or subject them to a different 
customs procedure, other than in exceptional circumstances. 
(10) The provisions of sections 166 and 166A shall not apply to small 
quantities of goods of a non commercial nature contained in a traveller's personal 
luggage or sent in small consignments. 
(11) In this section, the expressions "counterfeit trademark goods" and 
"pirated copyright goods" shall have the same meanings as in section 166.". 
Amendment of Section 170 of the principal enactment 
45. Section 170 of the principal enactment is hereby amended by the addition 
of the following words to the end of that section -IP/N/lILKAICIlIAdd.l 
IP/N/l/LKA/IIlIAdd.l 
Page 72 
"The provisions of the said Code of Criminal procedure Act shall apply to the 
offences under this CHAPTER". 
Amendment of section 171 of the principal enactment 
46. Section 171 of the principal enactment is hereby amended in subsection (2) 
of that section by the insertion of the following paragraphs immediately after 
paragraph (d) of that section -
(dd) the setting up of organizations to administer rights on behalf of the 
owners of such rights; 
(ddd) the conditions under which such organizations are required to work; 
(dddd) the admission, registration, cancellation, removal and any other 
matter relating to agents specified in CHAPTER XXIXC of the 
Code;". 
Amendment of section 172 of the principal enactment 
47. Section 172 of the principal enactment is hereby amended as follows -
(1) in subsection (1) of that section by the substitution for the word 
"mark" wherever that word occurs in that subsection, of the words 
"mark or any other matter provided for by the Code"; 
(2) in subsection (2) of that section by the substitution for the word 
"mark" of the words "mark or any other matter provided for by the 
Code.". "Infringement 
And the 
Remedies" lPi).'"/l/LKA/C/I/Add.l 
IP.).'"/ l/LKA/I1l/ Add.l 
Page 73 
Amendment of section 177 of the principal enactment 
48. Section 177 of the principal enactment is hereby amended by the substitution 
for the words "mark" of the words "mark or any other matter provided for by the 
Code". 
Replacement of section 179 of the principal enactment 
49. Section 179 of the principal enactment is hereby repealed and the following 
new section is substituted therefore-
179 (1) Where a person to whom any of the rights recognized by and under this 
Code is granted, proves that any person is threatening to infringe or has infringed his 
rights or is performing acts which make it likely that infringement will occur, the 
Court may grant an injunction restraining any such person from commencing or 
continuing such infringement or performing such acts and may order damages and 
such other relief as to the Court appears just and appropriate. The injunction may be 
granted along with the award of damages and an injunction shall not be denied only 
for the reason that the applicant is entitled to damages. 
(2) The defendant may in the proceedings referred to in subsection (1) 
request the Court to declare the registration of an industrial design, patent, mark or 
any other registration under the Code, as the case may be, or any part of it, null and 
void, in which event the provisions of the section relating to the nullity of such 
registration shall apply as appropriate. 
(3) (a) The Court shall have power to order the infringer to pay the right 
holder damages adequate to compensate for the loss the right holder has suffered, by 
reason of such infringement, as well as the recovery of profits. IPlNllILKA/C/l/Add.l 
IPlNll/LKAIIIlI Add.l 
Page 74 
(b) The Court shall also have the power to order that the infringing goods 
be disposed of outside the channels of commerce or destroyed, 
without the payment of compensation of any sort. 
(c) The Court may make similar orders in respect of materials and 
implements used in the creation of the infringing goods. In making 
such orders the need for proportionality between the seriousness of 
the infringement and the remedies ordered as well as the interests of 
third parties shall be taken into account. In regard to counterfeit trade 
mark goods, the simple removal of the trade mark unlawfully affixed 
shall not be sufficient, other than in exceptional cases, to permit 
release of the goods into the channels of commerce. 
(4) The Court may, unless it would be out of proportion to the seriousness 
of infringement, order the infringer to inform the right holder of the identity of the 
persons involved in the production and distribution of the infringing goods or 
services and of their channels of distribution. 
(5) The Court shall have power to order interim measures of protection, ex­
parte, where appropriate, in particular where any delay is likely to cause irreparable 
harm to the right holder or where there is a demonstrable risk of evidence being 
destroyed. 
(6) Where interim measures have been ordered ex-parte the parties affected 
shall be given notice and shall be entitled to be heard as to whether the interim 
measures ordered should be modified or revoked. 
(7) Where the interim measures are modified or revoked or it is 
subsequently found that there has been no infringement of a protected right the court IPlN/l/LKAIClli Add.l 
IPIN/l/LKA/I/lIAdd.l 
Page 75 
shall have the authority to order the applicant, upon the request of the defendant to 
pay appropriate compensation for any injury caused. 
(8) The Court may order among other things the applicant to provide 
security or equivalent assurance sufficient to protect the defendant and to prevent 
abuse of interim measures referred to in the preceding provisions of this section. 
(9) The person to whom any of the rights recognised under the Code 
belongs may, notwithstanding the other provisions of the Code relating to the award 
of damages, elect at the time before the final judgement to recover, instead of actual 
damages on proof, an award of statutory damages for all the infringements involved 
in the action in a sum of rupees not less than Rupees fifty thousand and not more than 
Rupees one million as the Court may consider appropriate and just. 
(10) No suit or prosecution shall lie against any public authority or official 
for any act which is done in good faith or purported to be done under this Code." 
Amendment of section 180 of the principal enactment 
50. Section 180 of the principal enactment is hereby amended by the 
substitution for the word "mark" wherever that word occurs in that section of the 
words "mark or any other matter provided for by the Code". 
Amendment of Section 181 of the principal enactment 
51. Section 181 of the principal enactment is hereby amended by the 
substitution for the word "mark" wherever that word occurs in that section of the 
words "mark or any other matter provided for by the Code". IPINI!ILKAIC/1I Add.! 
IPIN/1ILKA/I/1I Add.! 
Page 76 
"Appeals" Replacement of section 182 of the principal enactment 
52. Section 182 of the principal enactment is hereby repealed and the following 
new section is substituted therefor -
182. (1) Any person aggrieved by any decision made by the Director under 
any provision of the Code may appeal therefrom to the Court within a period of six 
months from the date of such decision. 
(2) Such person may prefer an appeal to the Court by way of a petition 
of appeal with a certified copy of the decision appealed from, accompanied by copies 
of all relevant documents and affidavits from the file of the Intellectual Property 
Office. A copy of the petition of appeal and the accompanying documents and the 
affidavits shall be served on the Director and other respondents named in the petition 
of appeal. Proof of such service shall be furnished with the petition of appeal. The 
respondents may file their statement of objections. 
(3) Court may call for the original file or files from the Director and may 
receive and admit new evidence by way of affidavit and documents, additional to, or 
supplementary of, the evidence already given before the Director in respect of the 
matter at issue as the justice of the case may require. 
(4) On any such appeal, the Court may affirm, reverse or vary the 
decision of the Director or may issue such directions to the Director, or order a 
further hearing by the Director, as the justice of the case may require. 
(5) Any person who is dissatisfied with any order made by the Court in 
the exercise of its jurisdiction under subsection (4) to which such person is a party IPfN/l/LKAIC/l/Add.l 
IPIN/l/LKA/I/l/Add.l 
Page 77 
may prefer an appeal to the Supreme Court against such order for the correction of 
any error in fact or in law, with the leave of the Supreme Court first had and 
obtained. 
(6) Every appeal to the Supreme Court under subsection (5) shall be 
made as nearly as may be in accordance with the procedure prescribed by the rules 
of the Supreme Court with respect to special leave to appeal to the Supreme Court.". 
Amendment of section 186 of the principal enactment 
53. Section 186 of the principal enactment is hereby amended as follows -
(1) By the repeal of the definition "convention country" appearing in that 
section and the substitution of the following definition therefor -
"Convention country" means any country that has acceded to or 
ratified or that may hereafter accede to or ratify the Paris Convention 
for the protection of Industrial Property, as well as all members of the 
World Trade Organization or States that may here after become 
members of the \Vorld Trade Organization, and includes any country 
which has entered into or which may hereafter enter into any treaty, 
convention or arrangement with Sri Lanka creating reciprocal rights 
and obligations between such country and Sri Lanka in regard to 
industrial designs, patents and marks and any other matter provided 
for by the Code and the registration thereof"; 
(2) by the insertion of the following new definition immediately after the 
definition of "Convention country" :-IPlNllILKAICllIAdd.[ 
IPINIl/LKAIIII/Add.[ 
Page 78 
"convention" means the Paris Convention for the protection of 
Industrial Property, World Trade Organization or any other 
international or regional convention, treaty or arrangement to which 
Sri Lanka is party creating reciprocal rights and obligations between 
such country and Sri Lanka in regard to Industrial Designs, Patents, 
Marks and any other matter provided for by the Code and the 
registration thereof"; 
(3) by the repeal of the definition "Court" appearing in that section and 
the substitution of the following new definition therefor -
"Court" means a High Court established under Article 154 P of the 
Constitution for a Province empowered with civil jurisdiction by 
Order published in the Gazette under section 2 of the High Court of 
Provinces (Special Provisions) Act, No. 10 of 1996 and where the 
party or parties defendant to such action resides or reside or the cause 
of action has arisen or the contract sought to be enforced was made 
within the Province for which such High Court is established; or 
where no such High Court is established for any such Province or 
vested with such civil jurisdiction the High Court established for the 
Western Province.". 
Amendment of section 193 of the Principal enactment 
54. Section 193 of the principal enactment is hereby amended by the 
substitution for the words "copyright, industrial designs, trademarks, patents, unfair 
competition of the words "Copyright, and related rights, industrial designs, marks, 
patents and unfair competition and any other area or subject of Intellectual property". Retrospecti ve 
effect. 
Sinhala Text 
to prevail in 
case of 
inconsistency. IPINIl/LKA/CllIAdd.l 
IPINIl/LKA/I/IIAdd.l 
Page 79 
Amendment made to the High Court of the 
provinces (special provisions) Act No. 10 of 1996. 
55. High Court of the Provinces (special Provisions) Act, No. 10 of 1996 is 
hereby amended as follows -
(1) by the repeal of clause 3 of the First Schedule to that Act and 
substitution therefor of the following :-
"All proceedings required to be taken under the Code of Intellectual 
Property Act, No. 52 of 1979 in the High Court established under 
Article 154 P of the constitution. 
(2) by the repeal of Clause 2 of the second Schedule to the Act. 
56. Amendment to Part 11 of the principal enactment shall be deemed for 
all purposes to have come into operation on the date on which the principal 
enactment came into operation provided that the term of protection had not expired 
under the principal enactment or under the legislation of the country of origin of such 
works, performances, sound recordings or broadcasts that are to be protected under 
an international treaty to which Sri Lanka is a party. 
57. In the event of any inconsistency between the Sinhala and Tamil Texts 
of this Act, the Sinhala Text shall prevail. 