The Act No. 52 of 1979 does not contain provisions in compliance with Article 14.2 but Section 19(1)(a) of the proposed law makes necessary provisions.

The Act No. 52 of 1979 does not contain provisions in compliance with Article 14.3 but Section 21(1)(c) and (d) of the proposed law makes necessary provisions.

Section 22(c) of the Act No. 52 of 1979 applies only to the relevant provisions of the Berne Convention.

Section 22(c) of the Act No. 52 of 1979.

The Act No. 52 of 1979 does not contain such provisions and Clause 56 of the proposed law makes necessary provisions for retrospective effect.

This Section has been removed under the proposed law.

Provisions of Part VI and Chapter XXXII of the Act No. 52 of 1979 are in compliance with the TRIPS requirement to a great extent. In addition, the Code of Criminal Procedure Act, the Civil Procedure Code and the Judicature Act make necessary provisions with regard to remedies and judicial process. The proposed law makes necessary provisions fully, in line with the Articles 51 to 60 of the TRIPS Agreement.

The law does not define "a sign". However, trademark means a visible sign serving to distinguish goods of one enterprise from those of other enterprises whereas service mark means any visible sign serving to distinguish the services of one enterprise from those of other enterprises. A sign which is admitted as a trademark or service mark can be protected under the conditions applicable to trademarks and service marks.

Services are protectable. Trade names are protectable. Containers are protectable but not sound and perfumes.

Use is not required.

The registration of a trademark is indefinitely renewable.

If the registered owner of a mark has, without valid grounds fails to use the mark within Sri Lanka or cause it to be used within Sri Lanka by virtue of a licence for a period of five years the Court may on an application of any interested person may order the removal of the mark.

The Act No. 52 of 1979 does not contain provisions with regard to the presumption but the required provisions are introduced under Section 117 of the proposed law (Clause 26).

Section 100(1)(d). However, the provisions in line with Article 16.2 & 16.3 are made under Section 100(1)(d) of the proposed law.

Section 166 of the Act No. 52 of 1979 will be expanded to comply with TRIPS requirements under the proposed law (Section 166 and 166A).

A geographical indication cannot be registered as a trademark if it is likely to mislead the trade circles or the public as to the nature, the source, the manufacturing process or the characteristics of the goods or services concerned (Section 99(1)(f)).

"'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 of other characteristic of the goods, is essentially attributable to its geographical origin." (proposed law)

See the definition of geographical indication, above.

Section 99(1)(f) provides that a mark which is likely to mislead the trade circles or the public as to the nature, the source, the manufacturing processes and the characteristics of the goods is not registerable. Section 142(A) of the proposed law makes specific provisions with regard to wines and spirits. Other types of products are not so specifically mentioned.

The law does not specifically make any general exception. However, for example, Section 118 of the law provides that the registration of the mark shall not confer on its registered owner the right to preclude third parties: "from using bona fide their names, addresses, pseudonyms, a geographical name, or exact indications concerning the kind, quality, quantity, destination, value, place of origin or time of production or of supply of their goods and services, in so far as such use is confined to the purposes of mere identification or information and cannot mislead the public as to the source of the goods or services;"