Intellectual Property Act 2003 · As enacted · Part X
162. Appointments &c. of Advisory Commission
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
The Minister may constitute an Advisory
Commission (hereinafter referred to as the “Commission”)
for the purpose of advising him on any matter referred to him in relation to the law relating to Copyright, Industrial
Designs, Marks, Patents and Unfair Competition and any other area or subject of Intellectual Property.
The Commission constituted under subsection (1)
shall consist of—
not less than five and not more than ten members appointed by the Minister from among persons who have shown capacity in law or commerce or related fields, (hereinafter referred to as an “appointed member”) ; and
the Director-General who shall be an ex-officio member and who shall function as the Secretary to the Commission ;
Subject to the provisions of subsection (4), the term of office of an appointed member of the Commission shall be three years :
Provided that a member appointed in place of a member who resigns or is removed or otherwise vacates office, shall hold office for the unexpired portion of the part of term of office of the member whom he succeeds ;
An appointed member of the Commission who vacates office by effluxion of time shall be eligible for re-appointment.
An appointed member of the Commission may resign from office by letter to that effect addressed to the Minister and such resignation shall take effect on such resignation being accepted by the Minister in writing.
The Minister may at any time remove an appointed member from office, assigning any reason therefor.
Where an appointed member is temporarily unable to discharge the duties of his office on account of illness, absence from Sri Lanka or any other cause, the
Minister may appoint another person to act as a member in his place.
The Minister shall appoint a Chairman of the
Commission (in this Part referred to as the “Chairman”) from among the appointed members of the Commission ;
If the Chairman is by reason of illness, other infirmity or absence from Sri Lanka, temporarily unable to perform the duties of his office, the Minister may appoint another appointed member to act in his place.
The Minister may at any time remove the Chairman from office, assigning any reason therefor ;
The Chairman may resign from the office of Chairman by a letter to that effect addressed to the Minister in writing and such resignation shall take effect on such resignation being accepted by the Minister.
Subject to the provisions of paragraphs (c) and (d), the term of office of the Chairman shall be his period of membership of the Commission.
There may be appointed such officers and servants as may be necessary to assist the Commission in performing its duties under this Part.
The members of the Commission may be paid such remuneration out of the Fund as may be determined by the
Minister in consultation with the Minister in charge of the subject of Finance.
It shall be the duty of the Commission –
to inquire into and report to the Minister, on any matter or question relating to the law of Copyright,
Industrial Designs, Trade Marks, Patents and Unfair
Competition or any other matter relating to
Intellectual Property as may be referred to it by the
Minister from time to time ;
to review the law relating to, and applicable to,
Copyright, Industrial Designs, Trade Marks, Patents and Unfair Competition or any other matter relating to intellectual property from time to time and to make proposals to the Minister for the alteration, modification or addition to such law ;
in making the report or proposals referred to in paragraph (a) or (b), to consult and take into consideration where the Commission deems it necessary to do so, the views of trade chambers, professional organizations, related institutions, government departments and the general public.
The Minister may give special or general directions in writing to the Commission, as to the performance of its duties and the exercise of the powers, and the Commission shall give effect to such directions.