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INTERNATIONAL LAW: NCE pushes Sri Lanka to join trademark treaty

INTERNATIONAL LAW: NCE pushes Sri Lanka to join trademark treaty

28 May 2026


The National Chamber of Exporters of Sri Lanka (NCE) is pushing for the country’s accession to the Madrid Protocol, a streamlined international trademark registration system used by over 100 economies worldwide, warning that remaining outside the system puts local businesses at a structural disadvantage.

“Exporters require clarity on timelines in order to plan their international branding and trademark protection strategies effectively, which can be challenging amid uncertainty around timing,” the NCE said, noting that as of 2025, Madrid members represent 68% of all countries globally.

Based on the NCE’s most recent correspondence with the National Intellectual Property Office (NIPO), the accession process is currently in its legislative phase. The Legal Draftsman’s Department is finalising the statutory amendments required for Sri Lanka to formally join the protocol. Once the draft is submitted to NIPO, the office will proceed with the formal amendment process, after which a comprehensive action plan and a definitive accession timeline will be drawn up.

This follows a prior commitment made at a meeting with the Minister of Trade, at which NIPO agreed to develop a Strategic Action Plan to complete the accession process within a six to nine month timeframe. The NCE has since issued formal reminders requesting that roadmap and, given that the process remains in the legislative phase, has asked NIPO for a tentative timeline in line with the Minister’s original direction.

Meanwhile, the NCE is currently contacting sectoral heads and collecting cost data from member companies regarding expenses incurred in registering trademarks abroad, to support the Chamber's advocacy efforts and inform the implementation process going forward.

“Sri Lankan brands in these categories are expanding internationally, and without registered trademark protection, the local companies are at a disadvantage,” the NCE said. “A competitor abroad can register a Sri Lankan brand first, exporters can lose market access, and resolving such disputes through litigation is expensive and time-consuming.”

The cost advantage of the Madrid system is significant. The NCE noted that back in 2003, registering a trademark in 11 countries by applying through individual IP offices cost around $ 14,600, whereas going through the Madrid Protocol system amounted to just $ 5,800. Filing fees alone differ widely across export markets, with the United States charging $ 350 per class, China approximately $ 39 per class, the United Kingdom over $ 228 for one class, Canada over $ 356 for the first class, Australia between $ 178-285 per class, and India between $ 53-106 per class depending on the applicant type. Exporters registering trademarks in multiple countries face large cumulative expenses, especially when multiple classes and legal representation are involved.

In contrast, the Madrid Protocol offers a more streamlined system through a single international application filed through Sri Lanka's own IP office, through which protection can be sought in member countries simultaneously. All fees are transacted in Swiss francs, with a base application fee of approximately $ 827 covering a black-and-white mark, or approximately $ 1,143 for a mark in colour. Applicants then pay for each Madrid System member: a standard complementary fee of approximately $ 127 per member country, with a supplementary fee of approximately $ 127 per class or individual fee schedules in place of standard rates.

The NCE emphasised that the Madrid system significantly reduces the administrative and financial burden of filing country by country, which can be especially beneficial to small and medium-sized exporters who usually tend to avoid trademark registration solely due to cost and complexity.

“Intellectual property infrastructure is one of the factors foreign companies look for when evaluating markets for investment,” the NCE said. “Joining indicates that Sri Lanka meets modern IP standards, and that the country’s policy approach is export-oriented and offers a reliable environment for brand protection” – an indication that matters to franchise businesses, technology companies, manufacturing investors, and potential international partners looking at the region.

The NCE argued that at a time when Sri Lanka’s export strategy is moving toward branded products, value-added goods, and premium positioning, trademark protection is a need rather than a secondary concern. Building products such as Ceylon Cinnamon, fashion labels, wellness products, processed food brands, and software platforms into globally recognised names requires the legal infrastructure to protect them, which is supported by the Madrid Protocol.


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