Intellectual Property Act 2003 · As enacted · Part III
40. Registration
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
Where the applicant complies with the provisions of sections 36 and 38 the Director-General shall examine the industrial design in relation to the provisions of section 29.
Where the industrial design is not registrable under section 29 the Director-General shall notify the applicant accordingly, stating the grounds for refusal of registration.
Where the Director-General refuses the application of a person for registration of an industrial design, the applicant may within a period of one month from the date of such notification in terms of section (2), make his submissions in writing on the matter of such refusal to the
Director-General.
On receipt of any such submission as required by subsection (3) the Director-General may grant such applicant a hearing and inform him of the date and time of such hearing.
The Director-General may after such hearing register or refuse to register such industrial design.
Notwithstanding the provisions of subsections (1) (2), (3) and (4) where the Director-General finds that the essential elements of an industrial design is derived from an industrial design already registered in respect of which an application for registration is made, he shall notify the applicant accordingly and request him, with a copy to the registered owner of the cited industrial design, to show that the industrial design is not so derived.
The applicant may, within a period of three months from the date of such notice, tender his written submissions to the Director-General with the prescribed fee. The registered owner of the cited industrial design may also tender his observations in writing within the same period of time.
On receipt of such written submissions and observations, if any, the Director-General shall after hearing the parties if he considers it necessary forthwith determine whether such industrial design should be registered or not.
Where the applicant fails to tender his written submissions as required by paragraph (b) of subsection (5)
the Director-General shall refuse the application for the registration of the industrial design for reasons to be stated and he shall in writing, if the aplicant so requests, inform the applicant in writing of the grounds for his decision on payment by the applicant of the prescrided fee.
Where the Director-General is of the opinion that the industrial design is registrable he may request the applicant to pay within a period of one month the prescribed fee for publication of the application.
Where the fee for publication of the application is not paid within the prescribed period registration of the industrial design shall be refused.
If the fee for publication is paid within the prescribed period the Director-General shall proceed to publish the application setting out the date of application, number of the application, the name and address of the applicant and if the applicant is resident outside Sri Lanka, a postal address for service in Sri Lanka, the priority claimed, a description of the industrial design and the kind and class of the industrial design.
Notwithstanding the provisions of subsections (6), (7) and paragraph (a) of subsection (8), the Director-General may in his discretion by a written notice, require the applicant to publish the application in accordance with the provisions of paragraph (a) of subsection (8) and in the form as indicated by the Director-General. Where the applicant fails or neglects to publish the application as required by the Director-General within a period of two months from the said notice of the
Director-General, the application may be refused.
Where any person considers that the industrial design is not registrable on one or more grounds referred to in section 29 he may within a period of two months from the date of publication give to the Director-General in a prescribed form and together with the prescribed fee, notice of opposition to such registration stating his grounds of opposition accompanied by evidence to substantiate such grounds.
Where notice of opposition has not been received by the Director-General within the period specified in subsection (9) the Director-General shall register the industrial design.
Where, within the period specified in subsection (9) notice of opposition in the prescribed form is received by the Director-General, together with the prescribed fee, he shall serve a copy of such grounds of opposition on the applicant and shall request him to present his observations on those grounds in writing accompanied by evidence to support his application within a period of one month.
On receipt of the observations of the applicant the
Director-General shall after hearing the parties, where taking all the circumstances into consideration he considers such hearing necessary, decide, as expeditiously as possible, whether or not the industrial design may be registered. If he decides that the industrial design is registrable he shall accordingly register such industrial design—
where no appeal is preferred against his decision, upon the expiry of the period within which an appeal may be preferred against his decision ;
where an appeal is preferred against his decision, upon the dismissal of such appeal, as the case may be.
The Director-General may allow a reasonable extension of the prescribed period within which any act has to be done or any fee has to be paid under this section.
Part IV
Chapter
Part V