Sri Lanka

Please contact our Indian office for more information about our services in Sri Lanka:

REACT India
Office no. 11 – 1st floor,
Augusta Point DLF Golf Course Road, Sector 53
122002 Gurgaon, Haryana
India
T. + 91 1244371351 or +91 9818969492
Contact: Ms Gurpreet Gulati
india@react.org
ggulati@react.org


Enforcement actions for Sri Lanka will be coordinated by REACT India through Sudath Perera Associates, the Local Counsels for Sri Lanka. A suitable brand protection and enforcement strategy can be designed to fit to the individual brand owner’s requirements, including conducting market surveillances, in-depth investigations to enforcement actions by way of cease and desist letters, liaising with Customs, criminal raid actions and civil litigation. The enforcement actions can be strategically streamlined in order to produce successful and swift results.

Our services in Sri Lanka

  • Amicable settlements and/or negotiation settlement following Customs actions
  • Appearing in court hearings in criminal proceedings as witnesses or experts
  • Attending personal hearing
  • Desk research
  • Drafting and filing of administrative complaints
  • Drafting and filing of criminal complaints
  • Drafting and filing of expert reports, affidavits and written witness statements
  • Filing a demand for a raid
  • Filing Customs applications
  • Filing surveillance letter
  • Follow up Customs/Police cases (C&D letters, negotiations, settlement drafting)
  • Handling court proceedings (appeals and civil claims)
  • Informing Customs officers on brand details
  • Organize and assist the police and relevant authorities in market raids
  • Organize inspections and investigations of markets, shops and events
  • Organize test purchases
  • Organizing the transportation, storage, destruction and, wherever possible, the recycling of counterfeit products
  • Organizing training sessions and information meetings for Police, Customs and/or Trade Inspection authorities
  • Preparing and submitting civil actions (including C&D letters)
  • Simplified procedure

Country Procedures

  • Customs application is available, but not mandatory
  • Customs applications are valid for the duration of the trademark / copyright
  • Customs will act ex officio (section 125 of the Customs Ordinance, for forfeiture of goods)
  • Deadline for response to Customs notification of detention is10 days
  • Notice will be sent by court to the importer to be present in court on the next date of hearing.
  • Enforcement action can be taken through a complaint made to the Police
  • Remedies available under criminal law: liable to a fine not exceeding Rs. 500,000/- or imprisonment for a term not exceeding 6 months or both
  • Proof of knowledge of counterfeiting is required
  • Ex parte orders available: section 170 of Intellectual Property Act No. 36 of 2003
  • Interim injunctions available: section 170 of Intellectual Property Act No. 36 of 2003
  • Damages and costs available: section 170 of Intellectual Property Act No. 36 of 2003
  • Contributory liability remedy is also available with substantial proof