Review of TRIPS Implementing Legislation - Search

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Article 63.2 of the TRIPS Agreement requires Members to notify the laws and regulations made effective by that Member pertaining to the subject matter of the Agreement to the Council for TRIPS in order to assist the Council in its review of the operation of the Agreement.

This page allows you to search Members' questions and answers on notified laws and regulations. You can consult search results on screen, download and print them in Excel format. You can also download individual documents.

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Page 487 of 677   |   Number of documents : 13533

Document symbol Notifying Member Member raising question Question Answer Date of document distribution  
IP/Q/LKA/1, IP/Q2/LKA/1, IP/Q3/LKA/1, IP/Q4/LKA/1 Sri Lanka United States of America 10. Please provide the length and terms of protection that the trademark law of Sri Lanka provides for a trademark.
Ten years from the date of registration (the date of registration is the date of application) and registration can be renewed every 10 years.
13/10/2003
IP/Q/LKA/1, IP/Q2/LKA/1, IP/Q3/LKA/1, IP/Q4/LKA/1 Sri Lanka United States of America 11. Please describe in detail how the laws of Sri Lanka provide for the recognition and protection of geographical indications required by Article 22.2 of the TRIPS Agreement, citing to the relevant provisions of law or regulation, and provide examples of geographical indications so protected.
(a) Section 99(1)(f) provides that a mark which is likely to mislead the trade circles of the public as to the nature, the source, the manufacturing processes and the characteristic of the goods is not registerable. (b) Section 99(19)(f) of the proposed law includes "geographical indications". (c) Section 142(A) makes provisions for the protection of geographical indications in general and provision with regard to wine and spirits specifically. (d) Any geographical indication can be protected. (e) False declaration in respect of a geographical indication has been made a criminal offence (Section 156(A) of the proposed law).
13/10/2003
IP/Q/LKA/1, IP/Q2/LKA/1, IP/Q3/LKA/1, IP/Q4/LKA/1 Sri Lanka United States of America 12. Please describe in detail the manner in which the higher level of protection required for wines and spirits under Article 23.2 of the TRIPS Agreement is implemented, citing to the relevant provisions of law or regulation, and provide examples of geographical indications for such products.
Please see the answer to question 11.
13/10/2003
IP/Q/LKA/1, IP/Q2/LKA/1, IP/Q3/LKA/1, IP/Q4/LKA/1 Sri Lanka United States of America 13. Please describe the procedure that must be followed to obtain protection for industrial designs, citing to the provisions of the law of Sri Lanka, and describe the nature of the protection provided.
(a) Application, examination of the application as to formalities and registration of the design without substantive examination and the publication of the design (Sections 33 to 41). (b) The registered owner has the right: (i) to reproduce and embody such industrial design in making a product; (ii) to import, offer for sale, sell or use a product embodying such industrial design; (iii) to stock, for the purpose of offering for sale, selling or using, a product embodying such industrial design; (iv) to assign or transmit the registration of the industrial design; (v) to conclude licence contracts.
13/10/2003
IP/Q/LKA/1, IP/Q2/LKA/1, IP/Q3/LKA/1, IP/Q4/LKA/1 Sri Lanka United States of America 14. Please describe the procedure that must be followed to obtain protection for textile designs and cite to the relevant provisions of law or regulation.
The same procedure and provisions referred to in the answer to question no. 13.
13/10/2003
IP/Q/LKA/1, IP/Q2/LKA/1, IP/Q3/LKA/1, IP/Q4/LKA/1 Sri Lanka United States of America 15. Please describe in detail the way in which the patent law of Sri Lanka implements Article 27 of the TRIPS Agreement, indicating any exceptions provided for, and including details regarding the protection for micro-organisms and non-biological and microbiological processes and plant varieties. Please cite to the relevant provisions of the law.
Section 59(1) of the Code provides: "(1) 'Invention' means an idea of an inventor, which permits in practice the solution to a specific problem in the field of technology; (2) An invention may be, or may relate to, a product or process; (3) The following, notwithstanding they are inventions within the meaning of subsection (1), shall not be patentable: (a) discoveries, scientific theories and mathematical methods; (b) plant or animal varieties or essentially biological processes for the production of plants or animals, other than micro-biological processes and the products of such processes; (c) schemes, rules or methods for doing business, performing purely mental acts or playing games; (d) methods for the treatment of the human or animal body by surgery or therapy, and diagnostic methods practised on the human or animal body; Provided, however, that this paragraph shall not apply to the products used in any such methods."
13/10/2003
IP/Q/LKA/1, IP/Q2/LKA/1, IP/Q3/LKA/1, IP/Q4/LKA/1 Sri Lanka United States of America 16. Please describe in detail the rights provided patent holders under the patent law of Sri Lanka and cite to the relevant provisions of law.
Section 81 provides as follows: "(1) The owner of a patent has the following exclusive rights in relation to the patented invention: (a) to exploit the patented invention; (b) to assign or transmit the patent; (c) to conclude licence contracts. (2) No person shall do any of the acts referred to in sub-section (1) without the consent of the owner of the patent. (3) for the purposes of this Part 'exploitation' of a patented invention means any of the following acts in relation to a patent: (a) when the patent has been granted in respect of a product: (i) making, importing, offering for sale, selling and using the product; (ii) stocking such product for the purpose of offering for sale, selling or using; (b) when the patent has been granted in respect of a process: (i) using the process; (ii) doing any of the acts referred to in paragraph (a), in respect of a product obtained directly by means of the process."
13/10/2003
IP/Q/LKA/1, IP/Q2/LKA/1, IP/Q3/LKA/1, IP/Q4/LKA/1 Sri Lanka United States of America 17. Please describe in detail any provisions in the laws of Sri Lanka permitting unauthorized use of a patent, citing to the relevant provisions of law, and describe in detail the conditions under which such use can occur.
The patent rights: (1) extend only to acts done for industrial or commercial purposes and in particular not to acts done only for scientific research; (2) not preclude a person having the rights referred to in Section 83 or a licensee from exploiting the patented invention; (3) not extend to the presence of use of products on foreign vessels, aircraft, spacecraft, or land vehicles which temporarily or accidentally enter the waters, airspace or territory of Sri Lanka (Section 82).
13/10/2003
IP/Q/LKA/1, IP/Q2/LKA/1, IP/Q3/LKA/1, IP/Q4/LKA/1 Sri Lanka United States of America 18. What term of protection does the patent law of Sri Lanka provide for patents? Please describe any provisions for extension of the term of protection and cite to the relevant provisions of the law.
(i) Fifteen years from the date of grant under the present law. The proposed law makes it 20 years from the date of application. (ii) No provisions are available for the extension of the term of protection.
13/10/2003
IP/Q/LKA/1, IP/Q2/LKA/1, IP/Q3/LKA/1, IP/Q4/LKA/1 Sri Lanka United States of America 19. Please describe in detail the protection for layout-designs of integrated circuits provided under the laws of Sri Lanka, including the term of protection, and cite to the relevant provisions of law.
(i) Law is proposed for the protection of layout-designs of integrated circuits under a sui generis system in line with the TRIPS Agreement. This law provides for the protection of original layout-designs and makes provisions with regard to, inter alia, right to protection, scope of protection, commencement and duration of protection, requirements of the application, registration, assignment, transmission and enforcement. (ii) The protection of layout-designs expires at the end of the 10th calendar year from the date of commencement of such protection.
13/10/2003
IP/Q/LKA/1, IP/Q2/LKA/1, IP/Q3/LKA/1, IP/Q4/LKA/1 Sri Lanka United States of America 20. Please describe in detail how the laws of Sri Lanka provide for the protection of undisclosed information as required by Article 39.2 of the TRIPS Agreement and provide citations to the relevant provisions of law.
(a) The proposed Law (proposed Section 142(6)(b)) provides for the protection of undisclosed information under the Law of unfair competition. (b) 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 lawfully in control of that information and in a manner contrary to honest commercial practices constitutes an act of unfair competition. (c) 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. 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 in; (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 purpose 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. The undisclosed information for the purpose of the Code shall include : (i) technical information related to the manufacture of goods or the provisions of services; or (ii) business information which includes the internal information which an enterprise has developed so as to be used within the enterprise. (d) The aggrieved persons may seek civil remedies including injunctions and damages. Moreover, any unauthorized disclosure of undisclosed information also constitutes a punishable offence.
13/10/2003
IP/Q/LKA/1, IP/Q2/LKA/1, IP/Q3/LKA/1, IP/Q4/LKA/1 Sri Lanka United States of America 21. Please describe in detail the manner in which protection is provided test data regarding pharmaceutical and agricultural chemical products submitted to the government in order to obtain marketing approval in Sri Lanka and cite to the relevant provisions of law.
Under the proposed law the required safeguards are offered under the law of unfair competition. The proposed Section 142(6)(d) provides as follows : 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 in- (i) 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 utilise new chemical entities; or (ii) 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. Thus such tests and data will be protected against unfair commercial use and disclosure as required by Article 39.3 of the TRIPS Agreement. The law of unfair competition which includes the protection of undisclosed information does not establish time limits for the protection of such information.
13/10/2003
IP/Q/LKA/1, IP/Q2/LKA/1, IP/Q3/LKA/1, IP/Q4/LKA/1 Sri Lanka United States of America 22. Are other applicants for marketing approval for their own versions of a previously approved pharmaceutical or agricultural chemical products permitted to rely on data submitted by the earlier applicant? If so, how long a period of exclusivity is given the earlier applicant before such reliance becomes possible.
Such data will not be disclosed to other applicants.
13/10/2003
IP/Q/LKA/1, IP/Q2/LKA/1, IP/Q3/LKA/1, IP/Q4/LKA/1 Sri Lanka United States of America 23. Please describe in detail the manner in which the laws of Sri Lanka provide for effective action against infringement of intellectual property rights as required by Article 41.1 of the TRIPS Agreement.
(a) The Code provides for civil remedies including provisional measures, criminal sanctions and border measures. (b) These provisions will be expanded and strengthened under the proposed law.
13/10/2003
IP/Q/LKA/1, IP/Q2/LKA/1, IP/Q3/LKA/1, IP/Q4/LKA/1 Sri Lanka United States of America 24. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order production of evidence necessary to substantiate a party's claims where that party has been unable to obtain such evidence from the opposing party. Please describe how the laws or regulations of Sri Lanka provide this authorization, citing to the relevant provisions of law or regulation.
Section 179(5) of the proposed law provides that the court may 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 their channels of distribution.
13/10/2003
IP/Q/LKA/1, IP/Q2/LKA/1, IP/Q3/LKA/1, IP/Q4/LKA/1 Sri Lanka United States of America 25. Please describe in detail the all of the civil remedies that are available to right holders under the laws of Sri Lanka, citing to the relevant provisions of law or regulation.
(a) Damages; (b) Injunctions; and (c) Such other relief as to the court appears just and appropriate (Section 179).
13/10/2003
IP/Q/LKA/1, IP/Q2/LKA/1, IP/Q3/LKA/1, IP/Q4/LKA/1 Sri Lanka United States of America 26. Please describe in detail the provisional procedures and remedies available to right holders under the laws of Sri Lanka, citing to the relevant provisions of law and regulation, and indicate any condition under which a right holder may avail itself of those procedures and remedies.
(a) The right holder may obtain enjoining orders and interim injunctions (Section 179 of the Code, the Civil Procedure Code (Chapter 101) and Section 54 of the Judicature Act No. 2 of 1978). (b) The Court may order the applicant to provide security or equivalent assurance sufficient to protect the defender. (c) The enjoining order can be granted ex parte.
13/10/2003
IP/Q/LKA/1, IP/Q2/LKA/1, IP/Q3/LKA/1, IP/Q4/LKA/1 Sri Lanka United States of America 27. Please describe in detail the procedures under the laws of Sri Lanka that provide for border enforcement at least for trademark counterfeiting and copyright piracy, identifying the competent authority and citing to the relevant provisions of law or regulation.
(a) Section 166 of the Code makes provisions with regard to border measures. (b) Sections 166 and 166(A) of the proposed law make extensive provisions with regard to border control involving all intellectual property rights in line with the TRIPS Agreement.
13/10/2003
IP/Q/LKA/1, IP/Q2/LKA/1, IP/Q3/LKA/1, IP/Q4/LKA/1 Sri Lanka United States of America 28. Please indicate if border enforcement is available to owners of other forms of intellectual property and, if so, please describe the procedures and remedies available in relation to each form of intellectual property, citing the relevant provisions of law.
(a) Under the proposed law border enforcement is available to the owners of any form of intellectual property. (b) Detection by Customs Authorities under the Customs Ordinance and suspension of goods at the border on Court orders are available under the proposed law. (Sections 166 and 166(A)).
13/10/2003
IP/Q/LKA/1, IP/Q2/LKA/1, IP/Q3/LKA/1, IP/Q4/LKA/1 Sri Lanka United States of America 29. Article 58 of the TRIPS Agreement specifies procedures to be followed where the competent authorities can act ex officio. Please explain whether the competent authorities in Sri Lanka are empowered to act ex officio and, if so, please identify the intellectual property areas subject to ex officio action.
Under Section 166 of the proposed law, the Customs Authorities are empowered to act ex officio in respect of all forms of intellectual property rights.
13/10/2003

Page 487 of 677   |   Number of documents : 13533

 
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