International Intellectual Property – Sri Lanka – Anomi Wanigasekera

Our firm practises all aspects of IP law.

• Trademarks

– Prosecution and enforcement
– Conducting Trademark and proprietor searches at the National IP Office
– Filing of Trademark applications
– Filing submissions and attending hearings
– Recordals of assignment, change of name, change of address of Trademark owners
– Drafting and filing Licence agreements
– Trademark renewals

• Patents

– Conducting searches, including Prior Art searches
– Filing Patent applications
– Recordals
– Renewals

• Industrial Designs

– Filing and renewals

• Even though there is no provision to register Copyrights in Sri Lanka, we advise on Copyright matters.

• Drafting contracts and agreements related to IP matters.

• Sending Cease and Desist letters on behalf of clients.

• Drafting and advising clients on License Agreements and Distributorship Agreements.

• Advising clients on IP-related legal matters, including digital infringements.

• Liaising with clients and counsel on IP Litigation.

As described above, our work involves all aspects of IP law, including Trademark, Patent and Industrial Design prosecution and enforcement, as well as advising clients on copyright matters.

As the costs for litigation are quite high, enforcement of IP rights through Cease and Desist letters prove to be effective tools in the current economic climate.

In the modern era, infringement through digital media – where tracking the physical location of the infringer is difficult – is a challenge.

Conducting thorough investigation and searches inconspicuously is one of the most important parts of combatting digital infringement.

There is a Registry to obtain .lk domain names separate from the National Intellectual Property Office. A party must confirm they are not infringing rights by obtaining a particular domain name. In the event there is a violation/dispute, the Registrar will attempt to settle the matter.

Litigation is normally used only as a last resort.

Please see our answer to Question 4.

The differences between two jurisdictions in the context of enforcement proves to be a challenge, as expertise is required for each jurisdiction. The specificities of each case also matter.

Users in each jurisdiction, as well as registration of Trademark and Patent rights, are invaluable.

Once again, a challenge arises due to digital infringement, where the infringing party is from another jurisdiction.

Due diligence – such as searches and surveys – is important for certain types of goods and classes for Trademarks, given the competitive nature of the market.

We attend physical and virtual conferences around the world to meet clients and representatives of law firms alike.

Registration of IP rights with Sri Lanka Customs is an option we recommend clients to follow, as the registration only costs a nominal amount and allows Customs to prevent unlawful goods from entering the country based on IP rights.

Our firm takes pride in being prompt. We always swiftly respond to clients and law firms. We strive to meet deadlines and follow up on matters until their conclusion.

We are always willing to accommodate the particular needs of our clients.

Our firm consists of expert professionals and studious associates. We have a wide variety of expertise, combined with an excellent team to consistently provide the best services to clients and law firms.