STASSEN EXPORTS LTD. V. LIPTON LTD. AND ANOTHER

STASSEN EXPORTS LTD. V. LIPTON LTD. AND ANOTHER

SUPREME COURT
DR. SHIRANI A. BANDARANAYAKE,J.,
MARSOOF, P. C., J. AND
BALAPATABENDI, J.
S. C. (CHC) APPEAL NO. 51/2006
S.C. L. A. APPLICATION NO. 57/2005
H. C. (CIVIL) NO. 8/2003(3)
NOVEMBER 13TH, 2008
NOVEMBER 27TH,2008

Doctrine of res judicata - Applicability of the doctrine to a person who is not a party before the Court - State decisis - Legal Maxims - Interest reipublicae uts sit finis litium and nemo debet bis vexari pro unaet eadem causa - Judicial precedent - Estoppel - Code of Intellectual Property Act.

The High Court of the Western Province holden in Colombo and exercising, civil jurisdiction by judgment dated 20.07.2005 affinned the order of the . Assistant Director of Intellectual Property for and on behalf of the Director of Intellectual Property (2nd respondent) and dismissed the appeal of the plaintiff-appellant. The appellant filed an application to the Supreme Court against the order of the High Court and leave to appeal was granted on the following questions.

1. Should the Director - General have taken into consideration the judgment of the District

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