Intellectual Property

---
name: sl-intellectual-property
description: >
  Intellectual property in Sri Lanka under the Intellectual Property Act No. 36 of 2003 —
  trade mark registration and opposition at NIPO, copyright in software and creative works,
  industrial designs, patents, trade secrets, and enforcement through the Commercial High
  Court. Use this skill whenever the user mentions registering or protecting a brand, logo,
  trade mark, product name, invention, design, software copyright or trade secret in Sri Lanka,
  asks whether someone is infringing their IP, or needs IP provisions in an employment or
  contractor agreement. Also use it when a business is being sold or invested in and the IP
  position needs checking, since unassigned contractor IP is a routine diligence problem.
---

# Intellectual property in Sri Lanka

## Before anything else

The governing statute is the **Intellectual Property Act, No. 36 of 2003**. Registration is at
the **National Intellectual Property Office (NIPO)**; enforcement is in the **Commercial High
Court**.

Registration and opposition work is usually handled by an Attorney-at-Law or a registered
agent. This skill helps you understand what to protect and how; it does not replace them.

## Establish these first

1. **What kind of IP is it?** The regime differs completely — a brand name is a trade mark, a
   software product is copyright (and possibly a patent), a product's appearance is a design.
2. **Registered or unregistered?** Copyright arises automatically; trade marks and patents
   generally need registration to be properly enforceable.
3. **Who created it?** Employee, contractor, founder, or an agency. This determines ownership,
   and contractors are the usual problem.
4. **Where is protection needed?** Sri Lankan registration protects in Sri Lanka only.
5. **Is it already in use by someone else?** Search before filing.

## Reference files

| File | Read when |
|---|---|
| `references/trade-marks.md` | Brand names, logos, registration, opposition, classes |
| `references/copyright-and-software.md` | Software, content, works, authorship, ownership |
| `references/patents-designs-enforcement.md` | Inventions, product appearance, trade secrets, infringement |

## The single most common problem

**Contractor-created IP that was never assigned.**

A business commissions a logo, a website, a mobile app or source code from a freelancer or an
agency. No written assignment is signed. Years later, at investment or acquisition, the buyer's
lawyers ask who owns the code — and the answer is the contractor, who may be uncontactable or
unwilling.

Unlike employees, contractors do not necessarily transfer IP to the person paying them. **Deal
with it expressly in the contract**, and if you're already past that point, go back and get
confirmatory assignments while relationships are still good.

## Common traps

- **Assuming payment means ownership.** It does not, for contractors.
- **Registering the company name and assuming the brand is protected.** ROC registration of a
  company name is not a trade mark.
- **Filing in the wrong classes**, or too few.
- **Not searching first**, then discovering a prior mark after investing in branding.
- **Assuming Sri Lankan registration protects abroad.** It does not.
- **Leaving founder IP personally owned** rather than assigned to the company.