Geographical Indications Law in Sri Lanka
Here’s an overview of Geographical Indications (GI) law in Sri Lanka:
🇱🇰 1. Legal Framework
Sri Lanka protects Geographical Indications under the Intellectual Property Act, No. 36 of 2003, which came into force in 2006.
The Act includes specific provisions for Geographical Indications in Part XV.
The National Intellectual Property Office (NIPO) administers GI registration and protection.
2. Definition and Scope
A Geographical Indication is defined as an indication used on goods that have a specific geographical origin and possess qualities, reputation, or characteristics essentially attributable to that origin.
GIs in Sri Lanka cover agricultural products, foodstuffs, handicrafts, and industrial products.
3. Registration Process
Applications for GI registration must be filed with NIPO.
The application should include:
A clear definition of the geographical area.
Description of the product and its link to the origin.
Evidence supporting the claim of reputation or specific qualities.
After examination, applications are published for opposition.
Upon successful registration, the GI is protected for an initial term of 10 years, renewable indefinitely.
4. Protection and Enforcement
Registered GIs provide the owner exclusive rights to use the GI.
Unauthorized use, imitation, or misuse of a GI is prohibited.
Remedies include civil action, injunctions, damages, and criminal sanctions.
The Act also covers protection against misleading or deceptive use.
5. International Treaties
Sri Lanka is a member of the World Trade Organization (WTO) and complies with the TRIPS Agreement.
It is also a party to the Paris Convention and the Budapest Treaty.
Sri Lanka cooperates with WIPO and participates in international IP discussions related to GIs.
6. Examples of Sri Lankan GIs
Ceylon Tea (world-famous)
Ceylon Cinnamon
Kahawatte Pepper
Summary Table
| Aspect | Sri Lanka |
|---|---|
| Legal Framework | Intellectual Property Act No. 36 of 2003 |
| Registration Authority | National Intellectual Property Office (NIPO) |
| Duration of Protection | 10 years, renewable indefinitely |
| Types of Goods Covered | Agricultural, foodstuffs, handicrafts, industrial goods |
| Enforcement | Civil, criminal remedies |
| TRIPS Compliance | Yes |
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