Intellectual Property Act 2003 · As enacted · Part III
60. Nullity of 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
The Court may on the application, to which the registered owner of the industrial design and every assignee, licensee or sub-licensee on record shall be made a party, of any person having a legitimate interest, or of any competent authority including the Director-General, declare the registration of the industrial design null and void on any one or more of the following grounds—
that the provisions of sections 29, 30 and 31 have not been complied with :
Provided, however, that the grounds of nullity referred to in subsection (2) of section 29 shall not be taken into account if such grounds are not apparent on the date of the making of the application to Court ;
that the identical industrial design has been previously registered upon a prior application or has been conferred earlier priority by virtue of an application in that behalf upon the ground of prior registration in another country ;
that the essential elements of the registered industrial design have been unlawfully derived from the creation of another person within the meaning of section 33.
Where an application under subsection (1) of this section relates to several industrial designs, included in the registration and any ground for nullity applies to some, the
Court shall declare such registration null and void in so far as it relates to the industrial design in respect of which the ground for nullity applies.
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