Code Of Intellectual Property (Amendment)

Code Of Intellectual Property (Amendment)


AN ACT TO AMEND THE CODE OF INTELLECTUAL PROPERTY ACT, NO. 52 OF 1979.

BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows :
Short title.
1, This Act may be cited as the Code of Intellectual Property (Amendment) Act, No. 30 of 1980.
Amendment of section 80 of Act No.52 of 1979.
2. Section 80 of the Code of Intellectual Property Act, No. 52 of 1979 (hereinafter referred to as the “principal enactment”) is hereby amended in subsection (1) of that section by the substitution for the words ” after the date of its grant. “, of the following
” after the date of its grant :
Provided that where an application for a patent had been made under section 46 of the repealed Ordinance and the Registrar having exercised the discretion given to him under subsection (4) of section 189, grants a patent under section 76 of this Act, such patent shall remain in force –

(a) so long as the original patent remains in force in the United Kingdom ; or
(b) until the expiration of fifteen years from the date of application,

whichever event occurs earlier :

Provided further that notwithstanding anything in any other provision of this Act, where an application for a patent has been made under section 4 of the repealed Ordinance, and a patent is granted under section 76 of this Act, such patent shall continue in force for fifteen years from the date of its application. “.
Amendment of section 189 of the principal enactment.
3. Section 189 of the principal enactment is hereby amended by the repeal of subsection (4) thereof, and the substitution therefor of the following subsection:

” (4) The Registrar may in his discretion, notwithstanding anything in any other provision of this Act, issue a certificate under section 76 of this Act in respect of applications made under section 46 of the repealed Ordinance.”
Retrospective effect of the amendments.
4. The amendments made to the principal enactment by the preceding provisions of this Act, shall be deemed for all purposes to have come into force on the date of the coming into operation of the principal enactment.