FERNANDO V. GAMLATH

SUPREME COURT
J.A.N. DE SILVA, CJ.
EKANAYAKA, J. AND
SURESH CHANDRA, J.
S.C. APPEAL NO. S.C.(CHC) 04/2001
C.H.C.NO.12/96(3)
FEBRUARY 10TH,2011

Code of Intellectual Property Act (No. 52 of  1979) - Section 10 - The author of a protected work shall have the exclusive right to do or authorize any person to reproduce the work, make translations, adaptation, arrangement or other transformation of work or communicate the work to the public - Section 19(1) - The rights referred to in Section 10 shall be protected during the life time of the author and for fifty years after his death. - Law relating to the trademarks and passing off

The Plaintiff was the window of The late Mr. C.T. Fernando. who had done musical compositions for the song "Pinsiduwanne" and was its singer as well. The Defendant had included the said song in teledrama without the permission of the Plaintiff and had telecast it for commercia1 purpose. The Plaintiff claimed intellectual property rights to the tune of the said song arid averred that the Defendant had breached the Plaintiff's intellectual property rights. The Defendant whilst denying the breach of the P