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| Saturday, 24 July 2004 |
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by Sandasen Marasinghe Colombo Commercial High Court Judge K.T. Chithrasiri issued an ex-parte order yesterday on tutor and novelist Upul Shantha Sannasgala to pay Rs. 20 million to Lalitha Sarachchandra, wife of late Professor Ediriweera Sarachchandra as compensation. The Judge issued the ex-parte order when she filed a case before Court stating that Sannasgala had infringed her rights by an unauthorised publication of the Maname Drama written by her late husband. The Court observed that the works of Sarachchandra has creative and educational value and this particular work is famous the world over. This creation is a priceless book. Only the author has the right to recreate such a book. The Court observed that the petitioner's economic rights have been infringed. Lalitha Sarachchandra, filed a petition before Colombo Commercial High Court against Sannasgala saying that he has infringed her rights by an unauthorised publication of the Maname Drama written by her late husband. The petition filed through Ralapanawa Associates states that the right of the works of Prof. Sarachchandra has been conferred to the petitioner by his last will. But the defendant has published the Maname Course Work Book for Advanced Level students which contains the Maname Drama by the late Prof. Sarachchandra without her permission and distributed this among students of his tuition classes under the name of Ape Sinhala Pantiya (Our Sinhala Class) throughout Sri Lanka. The petitioner says the course book published by the defendant has a distorted cover page with an unsuitable picture of a woman. The name of the defendant has been printed on the first page and Prof. Sarachchandra's name on the second page. The last page of the Maname Course Work Book contains the line "all rights reserved, copy right 1999 Upul Shantha Sannasgala." The petitioner noted that the Maname Course Book has been published by Sanhinda Publishers in 2001 and printed at Sanhinda Press both owned by the defendant. The petitioner says that the defendant has attempted to confer the authorship of the Maname Drama, to himself by this action and has violated the Intellectual Property Act. Her rights also have been infringed under the same Act and the defendant has gained an unjust enrichment through this action. Lalitha Sarachchandra prayed for a declaration that the rights of the Maname drama is owned by the petitioner after the demise of Prof. Sarachchandra and the defendant had no right to publish and distribute them without her consent. She further prayed for compensation in Rs. 20 million for the violation of her rights under the Intellectual Property Act and to declare the defendant gained an unjust enrichment and order to pay her another Rs. 20 million as damages. |
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