An industrial design is the ornamental or aesthetic part of an article and does not have any functional character. A design can be a two-dimensional pattern or lines on an article or three dimensional if the design is on a toy, machine, etc. A design is protected if it is new and does not consist of any scandalous design, or design contrary to morality or public health. To protect a design, it needs to be registered before the Intellectual Property Office of Sri Lanka.
Filing the application
The applicant should apply for registration on Form D-1. After the application is submitted, the application is allocated a number. If the details entered in the application are not complete, then, the applicant is required to make the desired changed, otherwise the application is refused. Once the details are complete, the application goes for examination.
Examination
The examiner checks the application for any defects. If the application is refused, the examiner must give reasons for such refusal. The applicant can submit a written statement and the examiner on acceptance of such submission will grant a hearing. If the application is refused again, the applicant may challenge the decision in a court.
Publication
Once the application is examined and accepted, it is published in the official gazette to invite any opposition. In case of opposition, a notice is sent to the applicant. Thereafter, the examiner may invite both the applicant and the opponent for a hearing. If the design is refused the applicant may challenge the decision in a court. If it is accepted, the design registration is granted.
Renewal
A registered design is protected for a period of 5 years. It can be renewed for two more terms of 5 years. In total, the validity of an industrial design is 15 years.
