Intellectual Property Act

INTELLECTUAL PROPERTY ACT

Arrangement of Sections

1. Short title.

PART I

ADMINISTRATION

2. Appointment and powers of the Director-General.

3. Director and Deputy Directors.

4. Office and maintenance of registers.

PART II

CHAPTER I

5. Interpretation.

6. Works protected.

7. Derivative works.

8. Works not protected.

9. Economic rights.

10. Moral rights.

11. Fair use.

12. Act of fair use.

12A. Fair use of a work by any authorised entity to facilitate a beneficiary person.

13. Duration of copyright.

14. Original ownership of economic rights.

15. Presumption of authorship and of representation of the author.

16. Assignment or licence of authors rights.

CHAPTER II

RELATED RIGHTS

[PROTECTION OF RIGHTS OF PERFORMERS, PRODUCERS
OF SOUND RECORDING AND BROADCASTING ORGANISATION]

17. Rights requiring authorisation of performers.

18. Rights of producers of sound recordings.

19. Equitable remuneration for use of sound recordings.

20. Rights of broadcasting organisation.

21. Limitations on protection.

22. Enforcement of rights and disputes resolution.

23. Measures, remedies and sanctions against abuses in respect of technical means.

24. Protection of expressions of folklore and damages.

25. Registration of society, administration of rights by societies, control over the rights and submission of report.

26. Scope of application.

27. Protection of performers.

PART III

CHAPTER III

INDUSTRIAL DESIGNS

SCOPE OF THIS PART AND DEFINITIONS

28. Conditions for protection.

29. Scope of this Part.

30. Definition of industrial design.

31. Definition of novelty.

CHAPTER IV

RIGHT TO PROTECTION OF INDUSTRIAL DESIGN

32. Ownership and right to protection of industrial design.

33. Industrial design.

34. Industrial design created by the employee to accrue to employer.

35. Naming of creator of an industrial design.

CHAPTER V

REQUIREMENTS OF APPLICATION AND PROCEDURE FOR REGISTRATION OF AN INDUSTRIAL DESIGN

36. Requirements of application.

37. Right of priority.

38. Application fee.

39. Examination of application.

40. Registration.

41. Issue of certificate of registration.

42. Register of Industrial Designs.

43. Examination of register and certified copies.

44. Publication of registered industrial designs.

CHAPTER VI

DURATION OF REGISTRATION OF AN INDUSTRIAL DESIGN

45. Duration of registration.

46. Renewal.

CHAPTER VII

RIGHTS OF A REGISTERED OWNER OF AN INDUSTRIAL DESIGN

47. Rights of a registered owner of an industrial design.

48. Limitation of registered owner’s rights.

CHAPTER VIII

ASSIGNMENT AND TRANSMISSION OF APPLICATIONS FOR REGISTRATION OF INDUSTRIAL
DESIGNS AND REGISTRATIONS OF THE SAME

49. Assignment and transmission of applications and registrations.

50. Joint ownership of applications and registration.

CHAPTER IX

LICENCE CONTRACTS OF INDUSTRIAL DESIGNS

51. Interpretation.

52. Form and record of licence contract.

53. Rights of licencee.

54. Rights of licensor.

55. Invalid clauses in licence contracts.

56. Effect of nullity of registration of licence contract.

57. Expiry, termination or invalidation of licence contract.

58. Licence contracts involving payments abroad.

CHAPTER X

RENUNCIATION AND NULLITY OF REGISTRATION OF INDUSTRIAL DESIGN

59. Renunciation of registration.

60. Nullity of registration.

61. Date and effect of nullity.

PART IV

CHAPTER XI

DEFINITIONS

62. Definition of invention.

63. Patentable inventions.

64. Novelty.

65. Inventive step.

66. Industrial application of invention.

CHAPTER XII

RIGHT TO A PATENT

67. Right to a Patent.

68. Assignment of Patent application or Patent by court in case of usurption.

69. Inventions made by an employee or pursuant to a commission.

70. Naming of inventor.

CHAPTER XIII

REQUIREMENTS OR APPLICATION AND PROCEDURE FOR GRANT OF A PATENT

71. Requirements of applications.

72. Application fee.

73. Search report.

74. Unity of invention.

75. Amendment and division of application.

76. Right of priority.

77. Filing date.

78. Examination of applications.

79. Grant of Patent.

80. Register of Patents.

81. Examination of register and certified copies.

82. Inspection of files.

CHAPTER XIV

DURATION OF PATENT

83. Duration of Patent.

CHAPTER XV

RIGHTS OF OWNER OF PATENT

84. Rights of owner of Patent.

85. Burden of proof to be on the alleged infringer.

86. Limitation of owner’s rights.

87. Rights derived from prior manufacture or use.

CHAPTER XVI

ASSIGNMENT AND TRANSMISSION OF PATENT APPLICATIONS AND PATENTS

88. Assignment and transmission of Patent applications and Patents.

89. Joint ownership of Patent applications or Patents.

CHAPTER XVII

LICENCE CONTRACTS

90. Interpretation.

91. Form and record of licence contract.

92. Rights of licencee.

93. Rights of the licensor.

94. Invalid clauses in licence contracts.

95. Effect of Patent application not being granted or Patent being declared null and void.

96. Expiry, termination or invalidation of licence contract to be recorded.

97. Licence contracts involving payments abroad.

CHAPTER XVIII

SURRENDER AND NULLITY OR PATENT

98. Surrender of Patent.

99. Nullity of Patent.

100. Date and effect of nullity.

PART V

CHAPTER XIX

MARKS AND TRADE NAMES

101. Definitions.

CHAPTER XX

ADMISSIBILITY OF MARKS

102. Admissibility of marks.

103. Marks inadmissible on objective grounds.

104. Marks inadmissible by reason of third-party rights.

105. Trust not to be entered in register.

CHAPTER XXI

REQUIREMENTS OF APPLICATION AND PROCEDURE OF REGISTRATION

106. Requirements of application.

107. Right of priority.

108. Temporary protection of mark exhibited at international exhibition.

109. Application fee.

110. Examination of application as to form.

111. Registration of mark after further examination and publication of mark.

112. Non completion of registration.

113. Register of marks and issue of certificate.

114. Publication of registered marks.

115. Examination of register and certified copies.

116. Associated marks.

117. Assignment and user of associated marks.

CHAPTER XXII

DURATION OF REGISTRATION OF A MARK

118. Duration of registration.

119. Renewal.

120. Alteration of registered mark.

CHAPTER XXIII

RIGHTS OF THE REGISTERED OWNER OF A MARK

121. Rights of registered owner.

122. Limitation of registered owner’s rights.

CHAPTER XXIV

ASSIGNMENT, AND TRANSMISSION OF APPLICATIONS AND REGISTRATIONS OF MARKS

123. Assignment and transmission of applications and registrations.

CHAPTER XXV

LICENCE CONTRACTS

124. Interpretation.

125. Form and record of licence contract.

126. Rights of licencee.

127. Rights of licensor.

128. Nullity of licence contract and certain clauses.

129. Cancellation of licence contracts.

130. Licence contracts involving payments abroad.

131. Effect of nullity of registration on licence contract.

132. Expiry, termination or invalidation of licence contract.

CHAPTER XXVI

RENUNCIATION AND NULLITY OF REGISTRATION OF A MARK

133. Renunciation of registration.

134. Nullity of registration.

135. Date and effect of nullity.

CHAPTER XXVII

REMOVAL OF MARK

136. Removal of mark.

137. Date and effect of removal of mark.

CHAPTER XXVIII

COLLECTIVE MARKS

138. Collective marks.

139. Application for registration of collective marks.

140. Registration and publication of copy of collective marks.

141. Changes in condition governing the use of collective marks.

CHAPTER XXIX

CERTIFICATION MARKS

142. Certification marks.

PART VI

CHAPTER XXX

TRADE NAMES

143. Prohibited trade names.

144. Protection of trade name.

145. Assignment of transmission of trade names.

PART VII

CHAPTER XXXI

LAYOUT DESIGNS OF INTEGRATED CIRCUITS

146. Right to protection.

147. Originality.

148. Scope of protection.

149. Commencement and duration of protection.

150. Requirements of the Application.

151. Registration of layout design in the Register.

152. Right to transfer and rectification of the Register.

153. Changes in the ownership and contractual licences.

154. Cancellation of a Registration of a layout design.

155. Representation by an Agent.

156. Infringement.

157. Offences.

158. Application of certain provisions of the Act.

159. Interpretation.

PART VIII

CHAPTER XXXII

COMPETITION AND UNDISCLOSED INFORMATION

160. Unfair competition and undisclosed information.

PART IX

CHAPTER XXXIII

GEOGRAPHICAL INDICATIONS

160A. Definitions.

161. Protection of geographical indications.

161A. Admissibility of geographical indications for registration.

161B. Application to register geographical indications.

161C. Publication of the application.

161D. Opposition to registration.

161E. Renewal of registration of geographical indications.

CHAPTER XXXIIIA

ISSUE OF CERTIFICATE OF REGISTARTION AND THE REGISTER OF GEOGRAPHICAL INDICATION

161F. Issue of certificate of registration.

161G. Register of Geographical Indication.

CHAPTER XXXIIIB

RIGHTS OF A REGISTERED OWNER AND ADMINISTRATION OF REGISTER OF GEOGRAPHICAL INDICATIONS

161H. Rights of a registered owner.

161I. Registered geographical indication not to become generic.

CHAPTER XXXIIIC

CANCELLATION OF REGISTRATION OF GEOGRAPHICAL INDICATIONS

161J. Cancellation of registration of geographical indications.

CHAPTER XXXIIID

FOREIGN GEOGRAPHICAL INDICATIONS

161K. Foreign geographical indications.

CHAPTER XXXIIIE

MISCELLANEOUS

161L. Alterations to registered geographical indications.

161M. Geographical indications registered as a Certification Mark under this Act.

PART X

CHAPTER XXXIV

CONSTITUTION AND POWERS OF ADVISORY COMMISSION

162. Appointed of Advisory Commission.

PART XI

CHAPTER XXXV

APPLICATIONS TO AND PROCEEDINGS BEFORE THE DIRECTOR-GENERAL AND COURT

163. Correction and rectification of register.

164. Power to make copies of damaged volumes of any register, to prepare and insert reconstructed folios.

165. Certificate of Director-General to be evidence.

166. Certified copies to be evidence.

167. Mode of giving evidence.

168. Exercise of discretionary power by Director-General.

169. Director-General may seek assistance of Attorney-General.

170. Infringement and the remedies.

171. Infringement proceedings by or at the request of licencee.

172. Declaration of non-infringement.

173. Appeals.

174. Costs of proceeding before Director-General and Court.

CHAPTER XXXVI

REGISTERED AGENTS

175. Registered agents.

CHAPTER XXXVII

FUND

176. Fund.

CHAPTER XXXVIII

OFFENCES AND PENALTIES

177. Falsification of entries in any register.

178. Infringement of Copyright.

179. Infringement of Industrial Designs.

180. False representations regarding Industrial Designs.

181. Infringement of Patents.

182. False representations regarding Patents.

183. Unlawful disclosure of information relating to Patents.

184. Infringement of Marks.

185. False representations regarding marks.

186. Other offences as to marks and trade descriptions.

186A. Offences relating to geographical indications.

187. Offences by bodies corporate.

188. Interpretation.

189. False name or initials.

190. Forging marks.

191. False declaration to be an offence.

192. Applying Marks and descriptions.

193. Exemption certain persons employed in ordinary course of business.

194. Mark how described in pleading.

195. Rules as to evidence.

196. Punishment of accessories.

197. Search warrant.

198. Costs of defence and of prosecution.

199. Provisions as to false description not to apply in certain class.

200. Savings.

201. Cognisable and bailable offences.

202. Limitation of prosecution.

203. Implied warranty on sale of marked goods.

CHAPTER XXXIX

REGULATIONS

204. Regulations.

CHAPTER XL

AMENDMENT OF HIGH COURT OF THE PROVINCES (SPECIAL PROVISIONS) ACT, NO. 10 OF 1996

205. Amendment of Act, No. 10 of 1996.

CHAPTER XLI

AMENDMENT OF THE CUSTOMS ORDINANCE

206. Amendment of section 101 of the Customs Ordinance.

207. Insertion of new sections in the Customs Ordinance.

CHAPTER XLII

REPEALS AND SAVINGS

208. Repeals and savings.

209. Saving of Designs.

210. Savings of Patents.

211. Savings of Marks.

CHAPTER XLIII

INTERPRETATION

212. Interpretation.

213. Sinhala text to prevail in case of inconsistency.

36 of 2003,

7 of 2018,

8 of 2021,

8 of 2022.

AN ACT to provide for the law relating to Intellectual Property and for an efficient procedure for the registration, control and administration thereof; to amend the Customs Ordinance and the High Court of the Provinces (Special) Provisions Act, No. 10 of 1996; and to provide for matters connected therewith or incidental thereto.

[Date of Commencement: 12th November, 2003]

1. Short title.

This Act may be cited as the Intellectual Property Act.

PART I

Administration

2. Appointment and powers of the Director-General.

(1) There shall be a person to be or to act as the Director-General of Intellectual Property of Sri Lanka (hereinafter referred to as the “Director-General”).

(2) The Director-General shall—

(a) be vested with the power of implementation of the provisions of this Act, the control and superintendence of the registration and administration of Industrial Designs, Patents, Marks, Geographical Indications and of any other matter as provided by the Act, and the supervision and control of all persons appointed for or engaged in, the implementation of the provisions of this Act, and

[S 2(2)(a) am by s 2 of Act 8 of 2022.]

(b) take all necessary steps to promote and encourage national awareness of the subject of Intellectual Property including copyright and related right by organisation of exhibitions, contests, seminars and publications and by promoting and encouraging the establishment and proper functioning of organisation or societies to protect and administer copyright and related rights under Part II of the Act.

(3) The Director-General shall comply with the general policy of the government with respect to subject of intellectual property and with any general or special directions issued by the Minister in relation to such policy.

3. Director and Deputy Directors.

(1) There may from time to time be appointed a fit and proper person or persons, to be or to act as Director of Intellectual Property and such other Deputy Directors for the proper implementation and administration of the provisions of this Act.

(2) Any person so appointed may exercise, perform and discharge any power, duty or function expressly conferred or imposed upon the Director or the Deputy directors, as the case may be, and may, subject to the directions of the Minister and under the authority and control of the Director-General, exercise, perform and discharge any powder, duty or function conferred or imposed upon the Director-General by or under this Act.

(3) There shall be appointed such other officers and servants as may be necessary for the administration of the Act.

4. Office and maintenance of registers.

(1) There shall be an office called the National Intellectual Property Office of Sri Lanka (hereinafter referred to as the “Office”) Such office shall be the sole office in Sri Lanka for the registration and administration of industrial designs, patents, marks, geographical indications and any other matter as provided by the Act.

[S 4(1) am by s 3(1) of Act 8 of 2022.]

(2) All registers required to be kept and maintained under the provisions of this Act shall be kept and maintained under the supervision of the Director-General at the Office and such registers shall be the only legally recognised registers in Sri Lanka for the registration of industrial designs, patents, marks, geographical indications and any other matter as provided by the Act.

[S 4(2) am by s 3(2) of Act 8 of 2022.]

PART II

CHAPTER I

5. Interpretation.

For the purposes of this Part—

“accessible format” means a copy of a work in an alternative form or manner which gives a beneficiary person access to such work, including to permit such person to have access as feasibly and comfortably as a person without any disability which a beneficiary person has. The accessible format copy shall be used exclusively by beneficiary persons and shall respect the integrity of the original work, taking into consideration of the changes needed to make the work accessible in the alternative format and of the accessibility needs of the beneficiary person;

[Ins by s 2(1) of Act 8 of 2021.]

“audio-visual work” means a work that consists of a series of related images which impart the impression of motion, with or without accompanying sounds, susceptible of being made visible, and where accompanied by sounds susceptible of being made audible;

“author” means the physical person, who has created the work;

“beneficiary person” means any person who—

(a) is blind;

(b) has a visual impairment or a perceptual or reading disability which cannot be improved to give visual function substantially equivalent to a person who has no such impairment or disability and is unable to read printed works to substantially the same degree as a person without any such impairment or disability; or

(c) is otherwise unable, through physical disability to hold or manipulate a book or to focus or move eyes to the extent that is acceptable for reading,

regardless of any other disability;

[Ins by s 2(2) of Act 8 of 2021.]

“broadcasting” means the communication of a work, a performance or a sound recording to the public by wireless transmission, including transmission by satellite;

“collective work” means a work created by two or more physical persons at the initiative and under the direction of a physical person or legal entity, with the understanding that it will be disclosed by the latter person or entity under his or its own name and that the identity of the contributing physical persons will not be indicated;

“communication to the public” means the transmission to the public by wire or without wire of the images or sounds, or both, of a work, a performance or a sound recording including the making available to the public of a work, performance or sound recording in such a way that members of the public may access them from a place and at a time individually chosen by them;

“computer” means an electronic or similar device having information processing capabilities;

“computer program” is a set of instructions expressed in words, codes, schemes or in any other form, which is capable, when incorporated in a medium that the computer can read, of causing a computer to perform or achieve a particular task or result;

“economic rights” means the rights referred to in section 9;

“expression of folklore” means a group oriented and tradition based creation of groups or individuals reflecting the expectation of the community as an adequate expression of its cultural and social identity, its standards and values as transmitted orally, by imitation or by other means, including—

(a) folk tales, folk poetry, and folk riddles;

(b) folk songs and instrumental folk music;

(d) productions of folk arts in particular, drawings, paintings, carvings, sculptures, pottery, terracotta, mosaic, woodwork, metal ware, jewellery, handicrafts, costumes, and indigenous textiles;

“infringement” means an act that violated any right protected under this Part;

“moral rights” means rights referred to in section 10;

“performers” means singers, musicians, and other persons, who sing, deliver, declaim, play in, or otherwise perform, literary or artistic works or expressions of folklore;

“photographic work” means the recording of right or other radiation on any medium on which an image is produced or from which an image may be produced, irrespective of the technique (chemical, electronic or other) by which such recording is made, a still picture extracted from an audio-visual work shall not be considered a “photographic work” but a part of the audio-visual work concerned;

“producer” of an audio-visual work or a sound recording means the physical person or legal entity that undertakes the initiative and responsibility for the making of the audio-visual work or sound recording;

“public display” means the showing of the original or a copy of a work—

(a) directly;

(b) by means of a film, slide, television image or otherwise on screen;

(d) in the case of an audio-visual work, the showing of individual images non-sequentially at a place or places where persons outside the normal circle of a family and its closest social acquaintances are or can be present, irrespective of whether they are or can be present at the same place and time or at different places or times, and where the work can be displayed without communication to the public within the meaning of the definition of the expression “Communication to the Public”;

“public lending” means the transfer of the possession of the original or a copy of a work or a sound recording for a limited period of time for nonprofit making purposes, by an institution, the services of which are available to the public, such as a public library or archives;

“public performance” means—

(a) in the case of a work other than an audio-visual work, the recitation, playing, dancing, acting or otherwise performing the work in public either directly or by means of any device or process;

(b) in the case of an audio-visual work, the showing of images in sequence or the making of accompanying sound audible in public; and

(c) in the case of a sound recording, making the recording sounds audible at a place or at places where persons outside the normal circle of the family and its closest acquaintances are or can be present, irrespective of whether they are or can be present at the same place and time, or at different places or times, and where the performance can be perceived without the need for communication to the public within the meaning of the definition of the expression “communication to the public”;

“published” means a work or a sound recording—

(a) copies of which have been made available to the public in a reasonable quantity for sale, rental, public lending or for transfer of the ownership or the possession of the copies; or

(b) which has been made available to the public by means of an electronic system:

Provided that, in the case of a work, the making available to the public took place with the consent of the owner of the copyright, and in the case of a sound recording, with the consent of, the producer of the sound recording or his successor in title;

“rental” means the transfer of the possession of the original or a copy of a work or sound recording for a limited period of time for profit making purposes;

“reproduction” means the making of one or more copies of a work or sound recording in any material form, including any permanent or temporary storage of a work or sound recording in electronic form;

“sound recording” means any exclusively aural fixation of the sounds of a performance or of other sounds, regardless of the method by which the sounds are fixed or the medium in which the sounds are embodied; it does not include a fixation of sounds and images, such as the sounds incorporated in an audio-visual work;

“work” means any literary, artistic or scientific work referred to in section 6;

“work of applied art” means an artistic creation with utilitarian functions or incorporated in a useful article, whether made by hand or produced on an industrial scale;

“work of joint authorship” means a work to the creation of which two or more authors have contributed, provided the work does not qualify as “a collective work”.

6. Works protected.

(1) The following works shall be protected literary, artistic or scientific work (hereinafter referred to as “works”) which are original intellectual creations in the literary, artistic and scientific domain, including and in particular—

(a) books, pamphlets, articles, computer programs and other writings;

(b) speeches, lectures, addresses, sermons and other oral works;

(d) stage production of works specified in paragraph (c) and expressions of folklore that is apt for such productions;

(e) musical works, with or without accompanying words;

(f) audio-visual works;

(g) works of architecture;

(h) works of drawing, painting, sculpture, engraving, lithography, tapestry and other works of fine art;

(j) photographic works;

(k) works of applied art;

(l) illustrations, maps, plans, sketches and three dimensional works relative to geography, topography, architecture or science.

(2) The works specified in subsection (1) of this section shall be protected by the sole fact of their creation and irrespective of their mode or form of expression, as well as of their content, quality and purpose.

7. Derivative works.

(1) The following shall also be protected as works—

(a) translations, adaptations, arrangements and other transformations or modifications of works; and

(b) collections of works and collections of mere data (data bases), whether in machine readable or other form, provided that such collections are original by reason of the selection, co-ordination or arrangement of their contents.

(2) The protection of any work referred to in subsection (1) shall be without prejudice to any protection of a preexisting work incorporated in, or utilised for, the making of such a work.

8. Works not protected.

Notwithstanding the provisions of sections 6 and 7, no protection shall be extended under this Part—

(a) to any idea, procedure, system, method of operation, concept, principle, discovery or mere data, even if expressed, described, explained, illustrated or embodied in a work;

(b) to any official text of a legislative, administrative or legal nature, as well as any official translation thereof;

9. Economic rights.

(1) Subject to the provisions of sections 11 to 13 the owner of copyright of a work shall have the exclusive right to carry out or to authorise the following acts in relation to the work—

(a) reproduction of the work;

(b) translation of the work;

(d) the public distribution of the original and each copy of the work by sale, rental, export or otherwise;

(e) rental of the original or a copy of an audio-visual work, a work embodied in a sound recording, a computer program, a data base or a musical work in the form of notation, irrespective of the ownership of the original or copy concerned;

(f) importation of copies of the work, (even where the imported copies were made with the authorisation of the, owner of the copyright);

(g) public display of the original or a copy of the work;

(h) public performance of the work;

(j) broadcasting of the work; and

(k) other communication to the public of the work.

(2) The provisions of subsection (1) of this section shall apply to both the entire work and a substantial part thereof.

(3) The rights of rental in terms of paragraph (c) of subsection (1) shall not apply to rental of computer programs when the program itself is not the essential object of the rental.

(4) Notwithstanding the provisions of paragraph (d) of subsection (1) the owner of a work or a copy of a work, lawful made or person authorised in that behalf such owner is entitled without the authority of the owner of the copy 1 the copyright, to sell or otherwise dispose of that copy.

10. Moral rights.

(1) The author of a work shall independently of’ his economic rights and even where he is no longer the owner of those economic rights have the following rights—

(a) to have his name indicated prominently on the copies and in connection with any public use of this work as far as practicable;

(b) the right to use a pseudonym and not have his name indicated on the copies and in connection with any public use of his work; and

(c) to object to any distortion mutilation or other modification of or other derogatory action in relation or his work which would be prejudicial to his honour or reputation.

(2) No right mentioned in subsection (1) shall be transmissible during the life time of the author; however on the death of the author, the right to exercise any of those rights shall be transmissible by testamentary disposition or by operation of law.

(3) The author may wane any of the moral rights mentioned in subsection (1), provided that such a waiver is in wilting and clearly specifies the right of rights waived and the circumstances to which the waiver applies:

Provided that, where am waiver of the rights under paragraph (c) of subsection (1) specifies the nature and extent of the modification of other action in respect of which the right is waived, subsequent to the death of the author the physical person of legal entity upon whom or which the moral rights have devolved shall have the right to waive the said rights.

11. Fair use.

(1) Notwithstanding the provisions of subsection (1) of section 9 the fair use of a work, including such use by reproduction in copies or by any other means specified by that section for purposes such as criticism comment news reporting, teaching (including multiple copies for classroom use) scholarship or research shall not be an infringement of copyright.

(2) The following factors shall be considered in determining whether the use made of a work many particular case is fair use—

(a) the purpose and character of the use including whether such use is of a commercial nature of is for nonprofit educational purposes;

(b) the nature of the copyrighted work;

(d) the effect of the use upon the potential market for, or value of, the copyrighted work.

(3) The acts of fair use shall include the circumstances specified in section 12.

12. Act of fair use.

(1) Notwithstanding anything contained in paragraph (a) of subsection (1) of section 9 and subject to the provisions of
subsection (2) of this section, the private reproduction of a published work in a single copy shall be permitted without the authorisation of the owner of the copyright, where the reproduction is made by a physical person from a lawful copy of such work exclusively for his own personal purposes.

(2) The permission under subsection (1) of this section shall not be extended to the reproduction—

(a) of a work of architecture in the form of a building or other constructions;

(b) in the form of reprography of the whole or a substantial part of a book or of a musical work in the form of notations;

(d) of a computer program, except as provided in
subsection (7); and

(e) of any work, in case the reproduction would conflict with a normal exploitation of the work or would otherwise unreasonably prejudice the legitimate interests of the owner of the copyright.

(3) Notwithstanding the provisions of paragraph (a) of subsection (1) of section 9, the reproduction, in the form of a quotation, of a short part of a published work shall be permitted without authorisation of the owner of copyright:

Provided that the reproduction is compatible with fair practice and does not exceed the extent justified by the purpose of such reproduction. The quotation shall be accompanied by an indication of the source and the name of the author, if his name appears in the work from which the quotation is taken.

(4) Notwithstanding the provisions of paragraph (a) of subsection (1) of section 9, the following acts shall be permitted without the authorisation of the owner of the copyright—

(a) the reproduction of a short part of a published work for teaching purposes by way of illustration, in writing of sound of visual recordings, provided that the reproduction is compatible with fair practice and does not exceed the extent justified by the purpose of such reproduction; and

(b) the reprographic reproduction for face to face teaching in any educational institution the activities of which do not serve direct or indirect commercial gain, of published articles, other short works or short extracts of works, to the extent justified by the purpose, provided that the act of reproduction is an isolated one occurring, if repeated, on separate and unrelated occasions:

Provided however, the source of the work reproduced and the name of the author shall be indicated as far as practicable on all copies made under this subsection.

(5) Notwithstanding the provisions of paragraph (a) of subsection (1) of section 9, any library or archives, whose activities do not serve any direct or indirect commercial gain may, without the authorisation of the owner of copyright, make a single copy of the work by reprographic reproduction—

(a) where the work reproduced is a published article, other short work or short extract of a work, and where the purpose of the reproduction is to satisfy the request of a physical person:

Provided that—

(i) the library or archives is satisfied that the copy will be used solely for the purposes of study, scholarship or private research,

(ii) the act or reproduction is an isolated occurrence, occurring if repeated, on separate and unrelated occasions,

(b) where the copy is made in order to preserve and, if necessary replace a copy, or to replace a copy which has been lost, destroyed or rendered unusable in the permanent collection of another similar library or archives:

Provided that it is not possible to obtain such a copy under reasonable conditions, and

Provided further that the act of reprographic reproduction is an isolated occurrence occurring if repeated, on separate and unrelated occasions.

(6) Notwithstanding the provisions of paragraphs (a), (h) and (i) of subsection (j) of section 9, and subject to the condition that the source and the name of the author is indicated as far as practicable, the following acts shall be permitted in respect of a work without the authorisation of the owner of copyright—

(a) the reproduction in a newspaper of periodical, manner of broadcasting of other manner of communication to the public or an article published in a newspaper of periodical on current economic, political or religious topics of a broadcast or communication relating to the same, and such permission shall not apply where the right to authorise reproduction, broadcasting of other communication to the public is expressly reserved on the copies by the owner of copyright of in connection with broadcasting or other communication to the public of the work.

(b) for the purpose of reporting current events, the reproduction and the broadcasting or other communication to the public of short excerpts of a work seen or heard in the course of such events to the extent that it is justified by the purpose of such reproduction.

(c) the reproduction in a newspaper of periodical, broadcasting of other manner of communication to the public, of a political speech, a lecture, address, sermon or other work of a similar nature delivered in public, or a speech delivered during legal proceedings, to the extent that it is justified by reason of the fact of providing current information.

(7)—

(a) Notwithstanding anything contained in paragraph (a) and (c) of subsection (1) of section 9 reproduction in a single copy or the adaptation of a computer program by the lawful owner of a copy of that computer program shall be permitted without the authorisation of the owner of copy right provided that the copy or adaptation is necessary—

(i) for use of the computer program with a computer for the purpose and extent for which the computer program has been obtained;

(ii) for archival purposes and tot replacement of the lawfully owned copy of the computer program in the event that the said copy of the computer program is lost, destroyed of rendered unusable.

(b) No copy or adaptation of a computer program shall be used for any purpose other than those specified in paragraph (a), and any such copy or adaptation shall be destroyed in the event that continued possession of the copy of the computer program ceases to be lawful.

(8) Notwithstanding the provisions of paragraph (f) of subsection (1) of section 9, the importation of a copy of a work by a physical person for his own personal purposes shall be permitted without the authorisation of the owner of copyright.

(9) Notwithstanding anything contained in paragraph (g) of subsection (1) of section 9, the public display of originals or copies of works shall be permitted without the authorisation of the owner of copyright:

Provided that the display is made other than by means of a film, slide, television image or otherwise on screen or by means of any other device or process:

Provided further, the work has been published or the original or the copy displayed has been sold, given away or otherwise transferred to another person by the author or his successor in title. (10) Notwithstanding anything contained in this Part, the following shall not be an infringement of copyright—

(a) the performance of display of a work for educational or teaching purposes by government of nonprofit educational institutions, in classrooms or similar places set aside for education Provided that, in the case of an audio-visual work, the performance or the display of individual images, is given by means of a lawfully made top, or the person responsible for the performance did not know or had no reason to believe that the copy was not lawfully made.

(b) the communication of a transmission embodying a performance of display of a work by the public reception of the transmission on a single receiving apparatus, of a kind commonly used in private homes, unless—

(i) a direct charge is made to see or hear the transmission; or

(ii) the transmission thus received is further transmitted to the public.

(10) Notwithstanding anything contained in this Part, the following shall not be an infringement of copyright—

(a) the performance of display of a work for educational or teaching purposes by government of nonprofit educational institutions, in classrooms or similar places set aside for education:

Provided that, in the case of an audio-visual work, the performance or the display of individual images, is given by means of a lawfully made top), or the person responsible for the performance did not know or had no reason to believe that the copy was not lawfully made.

(i) a direct charge is made to see or hear the transmission; or

(ii) the transmission thus received is further transmitted to the public.

12A. Fair use of a work by any authorised entity to facilitate a beneficiary person.

(1) —

(a) Notwithstanding anything contained in this Part, any authorised entity may adapt, reproduce and issue of copies of any work in an accessible format for the benefit of a beneficiary person in order to facilitate such beneficiary person to access such work including the sharing with any other beneficiary person of such work where the reproduction is made exclusively for the own use of the beneficiary person, his educational purpose or research and where the original format of such work prevents the enjoyment thereof by such person. Such adaptation, reproduction and issue of copies of any work by the authorised entity shall not be an infringement of copyright.

(b) The provisions of paragraph (a) shall apply for any work only where such work is not commercially available in such accessible format under reasonable terms. In such event, the Minister shall deposit a notification with the Director-General of the World Intellectual Property Organisation declaring the limitations or exceptions, as the case may be, to such work.

(2) An authorised entity shall—

(a) be such persons or organisations as shall be prescribed by the Minister in consultation with the Director-General of Intellectual Property;

(b) make available to any beneficiary person copies of any work in accessible format on non-profit basis recovering only the cost of the production of such work in an accessible format;

(c) ensure that copies of any work in accessible format are used only by a beneficiary person and take reasonable steps to prevent its entry into ordinary channels of business;

(d) limit the supply of copies of any work in accessible format only to adapt, reproduce and issue of copies of such work to the beneficiary persons or any other persons acting on behalf of the beneficiary person;

(e) discourage the reproduction, distribution and making available of unauthorised copies of any work in acccessible format; and

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Intellectual Property Act