View All - 2003 Acts Section No : Acts & Ordinances INTELLECTUAL PROPERTYMarginal Notes1. This Act may be cited as the Intellectual Property Act, No. 36 of 2003.2. Appointment and powers of the Director-General. 3. Director and Deputy Directors. 4. Office and Maintenance of registers. 5. Interpretation. 6. Works Protected. 7. Derivative works. 8. Works not protected. 9. Economic rights. 10. Moral Rights. 11. Fair use. 12. Act of fair use. 13. Duration of copyright. 14. Original ownership of economic rights. 15. Presumption of authorship and of representation of the author. 16. Assignment or licence of authors rights. 17. Rights requiring authorization of performers. 18. Rights of producers of sound recordings. 19. Equitable remuneration for use of sound recordings. 20. Rights of broadcasting organisation. 21. Limitations on protection. 22. Enforcement of rights and disputes resolution. 23. Measures, remedies and sanctions against abuses in respect of technical means. 24. Protection of expressions of folklore and damages. 25. Registration of society administration of rights by societies control over the rights and submission of report. 26. Scope of application. 27. Protection of performers. 28. Conditions for protection. 29. Scope of this Part. 30. Definition of industrial design. 31. Definition of novelty. 32. Ownership and right to protection of industrial design. 33. Industrial design. 34. Industrial design created by the employee to accrue employer. 35. Naming of creator of an industrial design. 36. Requirements of application. 37. Right of priority. 38. Application fee. 39. Examination of application. 40. Registration. 41. Issue of certificate of registration. 42. Register of Industrial Designs. 43. Examination of register and certified copies. 44. Publication of registered industrial designs. 45. Duration of registration. 46. Renewal. 47. Rights of a registered owner or an industrial design. 48. Limitation of registered owner's rights. 49. Assignment and transmission of application and registrations. 50. Joint ownership of applications and registration. 51. Interpretation. 52. Form and record of licence contract. 53. Rights of licensee. 54. Rights of licensor. 55. Invalid clauses in license contracts. 56. Effect of nullity of registration of license contract. 57. Expiry termination or invalidation of licence contract. 58. Licence contracts involving payments abroad. 59. Renunciation of registration. 60. Nullity of registration. 61. Date and effect of nullity. 62. Definition of invention. 63. Patentable inventions. 64. Novelty. 65. Inventive step. 66. Industrial application of invention. 67. Right to a patent. 68. Assignment of Patent application or patent by court in case of usurpation. 69. Inventions made by an employee or pursuant to a commission. 70. Naming of inventor. 71. Requirements of applications. 72. Application fee. 73. Search report. 74. Unity of invention. 75. Amendment and division of application. 76. Right of priority 77. Filing date. 78. Examination of applications &c. 79. Grant of patent. 80. Register of Patents. 81. Examination of register and certified copies. 82. Inspection of files. 83. Duration of patent. 84. Rights of owner of patent. 85. Burden of proof to be on the alleged infringer. 86. Limitation of owner's rights. 87. Rights derived from prior manufacture or use. 88. Assignment and transmission of patent applications and patents. 89. Joint ownership of Patent applications or patents. 90. Interpretation. 91. Form and record of licence contract. 92. Rights of licensee. 93. Rights of the licensor. 94. Invalid clauses in licence contracts. 95. Effect of patent application not being granted or patent being declared null and void. 96. Expiry, termination or invalidation of licence contract to be recorded. 97. Licence contracts involving payments abroad. 98. Surrender of Patent. 99. Nullity of patent. 100. Date and effect of nullity. 101. Definitions. 102. Admissibility of marks. 103. Marks inadmissible on objective grounds. 104. Marks inadmissible by reason of third-party rights. 105. Trust not to be entered in register. 106. Requirements of application. 107. Right of priority. 108. Temporary protection of mark exhibited at international exhibition. 109. Application fee. 110. Examination of application a to form. 111. Registration of mark after further examination and publication of mark. 112. Non completion of registration. 113. Register of marks and issue of certificate. 114. Publication of registered marks 115. Examination of register and certified copies. 116. Associated marks. 117. Assignment and user of associated marks. 118. Duration of registration. 119. Renewal. 120. Alteration of registered mark. 121. Rights of registered owner. 122. Limitation of registered owners's rights. 123. Assignment and transmission of applications and registrations. 124. Interpretation. 125. Form and record of licence contract. 126. Rights of licensee. 127. Rights of licensor. 128. Nullity of licence contract and certain clauses. 129. Cancellation of licence contracts.130. Licence contracts involving payments abroad.131. Effect of nullity of registration on licence contract.132. Expiry, termination or invalidation of licence contract.133. Renunciation of registration.134. Nullity of registration. 135. Date and effect of nullity. 136. Removal of mark. 137. Date and effect of removal of mark. 138. Collective marks 139. Application for registration of collective marks. 140. Registration and publication of collective mark . 141. Changes in condition governing the use of collective marks. 142. Certification marks. 143. Prohibited trade names. 144. protection of trade name. 145. Assignment of transmission of trade names. 146. Right to protection. 147. Originality148. Scope of protection. 149. Commencement and duration of protection. 150. Requirements of the Application., 151. Registration of layout design in the Register. 152. Right to transfer and rectification of the Register. 153. Changes in the ownership and contractual licences.154. Cancellation of a Registration of a layout design. 155. Representation by an Agent. 156. Infringement. 157. Offences. 158. Application of certain provisions of the Act. 159. Interpretation. 160. Unfair competition and undisclosed information.161. Protection of geographical indications. 162. Appointed & c of Advisory Commission. 163. Correction and rectification of register. 164. Power to make copies of damaged volumes of any register, to prepare and insert reconstructed folios. 165. Certificate of Director-General to be evidence. 166. Certified copies to be evidence. 167. Mode of giving evidence. 168. Exercise of discretionary power by Director-General. 169. Director-General may seek assistance of Attorney-General. 170. Infringement and the remedies. 171. Infringement proceedings by or at the request of licensee. 172. Declaration of non-infringement. 173. Appeals. 174. Costs of preceding before Director-General and Court. 175. Registered agents. 176. Fund. 177. Falsification of entries in any register. 178. Infringement of Copyright. 179. Infringement of Industrial Designs. 180. False representations regarding industrial Designs. 181. Infringement of Patents. 182. False representations regarding Patents. 183. Unlawful disclosure of information relating to Patents. 184. Infringement of Marks. 185. False representations regarding marks. 186. Other offences as to marks and trade descriptions. 187. Offences by bodies corporate. 188. Interpretation. 189. False name or initials. 190. Forging marks. 191. False declaration to be an offence. 192. Applying Marks and descriptions. 193. Exemption certain persons employed in ordinary course of business. 194. Mark how described in pleading. 195. Rules as to evidence. 196. Punishment of accessories. 197. Search warrant. 198. Costs of defence and of prosecution. 199. Provisions as to false description not to apply in particular class. 200. Savings. 201. Cognizable and bailable offences. 202. Limitation of prosecution. 203. Implied warranty on sale of marked goods. 204. Regulations. 205. Amendment of Act No .10 of 1996. 206. Amendment of section 101 of the customs Ordinance(Chapter 235) 207. Insertion of new sections in the customs Ordinance. 208. Repeals and savings. 209. Saving of Designs. 210. Savings of Patents. 211. Savings of Marks 212. Interpretation. 213. Sinhala text to prevail in case of inconsistency.