K.I.K. Land (Pvt) Limited v. D.M. Karunarathna et al – CA 83/09-2009

In the case between K.I.K. Land (Pvt) Limited and D.M. Karunarathna (Director Intellectual Property, National Intellectual Property Office) with Logstrup Erik Landsperg and the Hon. Attorney-General, the issue concerned whether the Director General of Intellectual Property acted lawfully in processing the late renewal of Patent No. 10824 after a lapse of more than 11 years. It was held that the statutory scheme under the Intellectual Property Act provides no express prohibition or removal mechanism for patents solely on the basis of non-payment of annual fees, contrasting with the explicit provisions for trademarks and industrial designs. As a result, the acceptance of late renewal fees and restoration of the lapsed patent was deemed lawful, and the petition seeking a Writ of Certiorari an