Sri Lanka

Sri LankaCapital: Sri Jayewardenepura
Capital Timezone: GMT + 5:30
Commercial Capital: Colombo
Population: 20,277,597 (est. 2012)
Languages: Sinhala, Tamil and English
Currency: Sri Lankan Rupees (LKR)
Legal System: English common law, as well as Roman-Dutch law and indigenous laws such as Kandyan Law and Thesawalamai

Key issues

• All litigation and prosecution in English
• Ranked 65th in the world for IP protection in the World Economic Forum’s Global Competitiveness Report 2013/2014

Enforcement

• Infringement remedies – injunctions, damages, accounts of profits and other relief as the Court may deem just and equitable

Prosecution

• National phase entry deadline for PCT applications in Sri Lanka: 30 months
• Patentable subject matter – the following subject matter are not considered to be patentable subject matter:
– Discoveries, scientific theories, mathematical methods;
– Plants, animals and other microorganisms other than transgenic micro-organism and an essentially biological process for the production of plants and animals other than non-biological and microbiological processes;
– Schemes, rules, or methods for doing business, performing purely mental acts or playing games;
– Methods for the treatment of the human or animal body by surgery or therapy and diagnostic methods practiced on the human or animal body (provided however, any product used in any such method shall be patentable);
– An invention which is useful in the utilisation of special nuclear material or atomic energy in an atomic weapon;
– 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
• Voluntary Divisional applications possible

Other issues

• No pre or post-grant opposition
• Patent Term Extensions – not possible
• Parallel importation – available under certain conditions

For more information contact us on mail@fak.com.au or +61 7 3011 2200.