- Griffith University, Griffith Law School, Alumnusadd
- Law, Constitutional Law, International Commercial Arbitration, Intellectual Property Law, International trade law, International Arbitration, and 22 moreArbitration Law, Administrative Law, Banking Law, Copyright, International Copyright Law, Information, Access To Information, Access to Knowledge, Access to Information as Human Right, Susan Bassnett, PhD Griffith Law School, Intellectual Property, Intellectual Property Rights, Equity and Trusts, Capital Punishment, Cultural Studies, Death Penalty In Sri Lanka, Principles of Conscience, Conscience In Equity, Capital Punishment In Sri Lanka, Copyright (Law), and Sri Lankan Lawedit
- Experienced Legal Consultant and Researcher with a demonstrated history of working in the education and research indu... moreExperienced Legal Consultant and Researcher with a demonstrated history of working in the education and research industry. Skilled in lecturing, research, consultancy, advising, legal drafting and litigation. Strong legal professional with a Doctor of Philosophy (Ph.D.) focused in Intellectual Property Law from Griffith University, Australia.edit
Although originality is an essential requirement for copyright protection, it lacks a precise and uniform definition worldwide. This chapter aims to examine the concept of originality as explored under the copyright law of Sri Lanka. Sri... more
Although originality is an essential requirement for copyright protection, it lacks a precise and uniform definition worldwide. This chapter aims to examine the concept of originality as explored under the copyright law of Sri Lanka. Sri Lanka is a country that has a copyright history of more than 180 years. While Sri Lanka follows the British copyright tradition, international copyright law has shaped its copyright law for more than a century. So far, Sri Lanka has had five copyright regimes. This chapter examines how the concept of originality has been construed and defined under these copyright regimes. As it points out, the concept of originality in the copyright law of Sri Lanka has been predominantly influenced by the same notion in British copyright law. It is evident from the available judicial pronouncements that Sri Lankan Courts have consistently followed the British approach to determine originality in copyright law. Accordingly, courts in Sri Lanka have defined originality based on two main characteristics: (a) originality is concerned with how the subject matter has been expressed, and (b) to establish originality, the subject matter should originate from the author.
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Research Interests: Intellectual Property, Translation Studies, Open Access, Copyright History, Translation theory, and 15 moreCopyright, Sri Lanka, Copyright (Law), Intellectual Property Law, Access To Information, Intellectual Property Rights, International Copyright Law, Translation, Copyright and intellectual property, Copyrights, Copyright Law, Sri Lankan Law, Access to Knowledge, TRIPS Agreement, and Attitudes to Copyright Law
This book is a reflection on domestic intellectual property law-making from a developing country’s perspective. It is the first of its kind, as it focuses on a South Asian jurisdiction, namely Sri Lanka–a country that shares economic,... more
This book is a reflection on domestic intellectual property law-making from a developing country’s perspective. It is the first of its kind, as it focuses on a South Asian jurisdiction, namely Sri Lanka–a country that shares economic, cultural and climatic similarities with many other Asian nations but whose intellectual property laws have been less explored. The aim of this book is to fill that void and to address the discrepancies, gaps and flaws in the national intellectual property legal framework. In doing so, the book considers Sri Lanka’s obligations under TRIPS and other related intellectual property treaties to which the country is a party. The book also examines approaches adopted by developing countries in the region and beyond, as well as other more developed nations, in calibrating Sri Lanka’s domestic intellectual property laws to better address the country’s domestic needs and national interests. The approach adopted in this book is of relevance, more generally, to scholars, policymakers and students who are keen on exploring the extent to which domestic intellectual property legislation complies with international intellectual property norms and standards and, more importantly, makes use of the flexibilities under international law in addressing domestic needs and national interests.
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Intellectual property law is gaining increasing recognition and acceptance in many countries around the world. However, proper enforcement of intellectual property rights is one of the main issues encountered particularly by the... more
Intellectual property law is gaining increasing recognition and acceptance in many countries around the world. However, proper enforcement of intellectual property rights is one of the main issues encountered particularly by the developing countries. This paper attempts to identify how Sri Lanka has fared in enforcing intellectual property rights within its legal system.The Sri Lankan intellectual property rights regime is possessed with a comprehensive as well as an effective framework for protection and enforcement of intellectual property rights. Nevertheless, Sri Lanka has not shown serious intentions of practically implementing the said effective regime. This paper identifies that the main reasons which stand as obstacles to the proper implementation and enforcement of intellectual property rights in Sri Lanka are the common attitude of the people that the prevailing intellectual property rights regime in Sri Lanka is predominantly a Western concept and the perception of it as a system which has been forced in to the country as a matter of external influence.
Research Interests:
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The rise of cloud technology hasrevolutionised the world of creativity by opening various channels for creators to distribute their work. The ease with which these works can be accessed and distributed has opened up more avenues by which... more
The rise of cloud technology hasrevolutionised the world of creativity by opening various channels for creators to distribute their work. The ease with which these works can be accessed and distributed has opened up more avenues by which information can be accessed, not only legitimately, but also illegitimately.This article examines the legal principles that underline the battle between copyright owners and cloud-based service providers in Australia, and analyses the legal position in Australia in comparison with that in the UK and the US.
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The main purpose of this paper is to briefly examine Article 80(3) of the Constitution of the Democratic Socialist Republic of Sri Lanka 1978 (Constitution 1978), and the way in which it has been interpreted and applied by Sri Lankan... more
The main purpose of this paper is to briefly examine Article 80(3) of the Constitution of the Democratic Socialist Republic of Sri Lanka 1978 (Constitution 1978), and the way in which it has been interpreted and applied by Sri Lankan Courts. This paper will also point out through an example: the Nineteenth Amendment to the Constitution, how article 80(3) of the Constitution 1978 has precluded the Courts (particularly the Supreme Court) from remedying transgressions of power by the Parliament or legislative excesses.
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While the Sri Lankan Courts have always acknowledged that writs are a creation of English law, and proceeded on the basis that in the process of issuance of writs, they should be guided by the principles and practices in English law, the... more
While the Sri Lankan Courts have always acknowledged that writs are a creation of English law, and proceeded on the basis that in the process of issuance of writs, they should be guided by the principles and practices in English law, the codification of the writ jurisdiction into the Constitution of the Democratic Socialist Republic of Sri Lanka 1978 has paved the way for a distinct body of judicial decisions starting from the 1990s to view this jurisdiction as a unique and sui generis constitutional remedy springing from the sovereignty of the people. Whether such a view may or may not be plausible (and therefore be acceptable) remains a different issue, which is not the main focus of this article. Instead, this article revolves around the central theme that the courts in a constitutional democracy like Sri Lanka, need to give prominence to the very words and letters of the Constitution, particularly in defining the nature and scope of a jurisdiction (particularly the writ jurisdiction) created by that Constitution itself. A careful perusal of judicial decisions regarding the nature and the scope of the writ jurisdiction in Sri Lanka, particularly in the aftermath of the Constitution 1978, reveals a great confusion. While some decisions of the superior courts have tended to define the nature and scope of this jurisdiction in consistency with the pre-Constitution 1978 judicial pronouncements, as well as, the words and letters in the provisions of the Constitution creating the jurisdiction, certain other decisions have departed from the old traditions and precedents whilst ignoring and sometimes rendering a blind eye to certain express material terms in those constitutional provisions. One outcome of this is the confusion as to whether the writ jurisdiction exercised by the courts in Sri Lanka is unfettered or not. Another is the quandary as to the meaning of the term “according to law” appearing in the constitutional provisions granting the writ jurisdiction to courts. The purpose of this article is to examine this confusion and quandary. It also attempts, as far as possible and practicable, to address these and provide a solution. In particular, while conceding that the present writ jurisdiction in Sri Lanka is a constitutional remedy, this article respectfully submits that, despite some judicial pronouncements to the contrary, that jurisdiction is not an unfettered remedy especially in the light of the Five Judge Bench decision in Attorney General v. Dr UABWMRSA Bandaranayake and Others. Apart from that, it also emphasises the need to articulate a plausible meaning to the term “according to law” in arts 140 and 154P(4) of the Constitution 1978 rather than to turn an blind eye to that term, rendering it nugatory and meaningless. Finally, the article also highlights that (contrary to the view expressed by the author nearly a decade ago) the aforesaid term, particularly in the context in which it has been interpreted in the case of Attorney General v. Dr UABWMRSA Bandaranayake and Others, has the effect plaguing the writ jurisdiction in Sri Lanka with the same problems and issues that are prevalent in English law.
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Due to the common misconception that moneys in bank accounts are owned by their account holders (who are usually the bank customers), and, the complicated nature of the principles of banking law, sometimes, it may be thought that a... more
Due to the common misconception that moneys in bank accounts are owned by their account holders (who are usually the bank customers), and, the complicated nature of the principles of banking law, sometimes, it may be thought that a mistaken payment resulting from an erroneous credit entry in a customer account is a free gift from the bank to its customer. However disappointing it may be for the customers, this is not so. The purpose of this article is to examine this position with reference to the remedies provided in both civil law and criminal law of Sri Lanka. More specifically, Part I of this article will examine the civil law remedy of “action for money had and received”, which would be available to banks to recover money that has been mistakenly paid to their customers, and, its application in Sri Lankan law. Part II of this article will examine the applicability of criminal law, in particular, the offences of theft and criminal misappropriation under the Penal Code of Sri Lanka, in situations where customers have obtained mistaken payments from their banks with dishonest intention.
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Copyright law is often perceived as an instrument for balancing the competing interests between the copyright owners and the users of copyright works. This is because of the prime importance of fostering creativity and the wide... more
Copyright law is often perceived as an instrument for balancing the competing interests between the copyright owners and the users of copyright works. This is because of the prime importance of fostering creativity and the wide dissemination of its fruits for human development. One of the main doctrines used by copyright law for the purpose of striking a balance between the interests of the copyright owners and those of the users is ‘fair use’. The doctrine of fair use provides the users of copyright works a valid defence for unauthorised use of those works. This paper attempts to briefly examine (from a legal practitioner’s perspective) the scope of the doctrine of fair use enshrined in Sections 11(1) and (2) of the Sri Lankan Intellectual Property Act No.36 of 2003 in comparison with the same doctrine found in the copyright laws of the United States and Great Britain.
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A song is a short piece of music with words that are sung. It is discernible from this very definition that a song comprises of two main components, namely: the music and the lyrics (words). The music and the lyrics of a song are fruits... more
A song is a short piece of music with words that are sung. It is discernible from this very definition that a song comprises of two main components, namely: the music and the lyrics (words). The music and the lyrics of a song are fruits of authorship, in that, the music has to be composed by a musician (whom we may call the author of the music), and the lyrics have to be written by a lyrics writer (whom we may call the author of the lyrics). As the object of copyright law is to protect works of authorship, this article intends to examine how the two main components of a song (the music and the lyrics) are protected under the copyright law of Sri Lanka from a judicial and practitioners’ perspective.
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While the Sri Lankan Courts have always acknowledged that writs are a creation of English law, and proceeded on the basis that in the process of issuance of writs, they should be guided by the principles and practices in English law, the... more
While the Sri Lankan Courts have always acknowledged that writs are a creation of English law, and proceeded on the basis that in the process of issuance of writs, they should be guided by the principles and practices in English law, the codification of the writ jurisdiction into the Constitution of the Democratic Socialist Republic of Sri Lanka 1978 has paved the way for a distinct body of judicial decisions starting from the 1990s to view this jurisdiction as a unique and sui generis constitutional remedy springing from the sovereignty of the people. Whether such a view may or may not be plausible (and therefore be acceptable) remains a different issue, which is not the main focus of this article. Instead, this article revolves around the central theme that the courts in a constitutional democracy like Sri Lanka, need to give prominence to the very words and letters of the Constitution, particularly in defining the nature and scope of a jurisdiction (particularly the writ jurisdiction) created by that Constitution itself.
A careful perusal of judicial decisions regarding the nature and the scope of the writ jurisdiction in Sri Lanka, particularly in the aftermath of the Constitution 1978, reveals a great confusion. While some decisions of the superior courts have tended to define the nature and scope of this jurisdiction in consistency with the pre-Constitution 1978 judicial pronouncements, as well as, the words and letters in the provisions of the Constitution creating the jurisdiction, certain other decisions have departed from the old traditions and precedents whilst ignoring and sometimes rendering a blind eye to certain express material terms in those constitutional provisions. One outcome of this is the confusion as to whether the writ jurisdiction exercised by the courts in Sri Lanka is unfettered or not. Another is the quandary as to the meaning of the term “according to law” appearing in the constitutional provisions granting the writ jurisdiction to courts.
The purpose of this article is to examine this confusion and quandary. It also attempts, as far as possible and practicable, to address these and provide a solution. In particular, while conceding that the present writ jurisdiction in Sri Lanka is a constitutional remedy, this article respectfully submits that, despite some judicial pronouncements to the contrary, that jurisdiction is not an unfettered remedy especially in the light of the Five Judge Bench decision in Attorney General v. Dr UABWMRSA Bandaranayake and Others. Apart from that, it also emphasises the need to articulate a plausible meaning to the term “according to law” in arts 140 and 154P(4) of the Constitution 1978 rather than to turn an blind eye to that term, rendering it nugatory and meaningless. Finally, the article also highlights that (contrary to the view expressed by the author nearly a decade ago) the aforesaid term, particularly in the context in which it has been interpreted in the case of Attorney General v. Dr UABWMRSA Bandaranayake and Others, has the effect plaguing the writ jurisdiction in Sri Lanka with the same problems and issues that are prevalent in English law.
A careful perusal of judicial decisions regarding the nature and the scope of the writ jurisdiction in Sri Lanka, particularly in the aftermath of the Constitution 1978, reveals a great confusion. While some decisions of the superior courts have tended to define the nature and scope of this jurisdiction in consistency with the pre-Constitution 1978 judicial pronouncements, as well as, the words and letters in the provisions of the Constitution creating the jurisdiction, certain other decisions have departed from the old traditions and precedents whilst ignoring and sometimes rendering a blind eye to certain express material terms in those constitutional provisions. One outcome of this is the confusion as to whether the writ jurisdiction exercised by the courts in Sri Lanka is unfettered or not. Another is the quandary as to the meaning of the term “according to law” appearing in the constitutional provisions granting the writ jurisdiction to courts.
The purpose of this article is to examine this confusion and quandary. It also attempts, as far as possible and practicable, to address these and provide a solution. In particular, while conceding that the present writ jurisdiction in Sri Lanka is a constitutional remedy, this article respectfully submits that, despite some judicial pronouncements to the contrary, that jurisdiction is not an unfettered remedy especially in the light of the Five Judge Bench decision in Attorney General v. Dr UABWMRSA Bandaranayake and Others. Apart from that, it also emphasises the need to articulate a plausible meaning to the term “according to law” in arts 140 and 154P(4) of the Constitution 1978 rather than to turn an blind eye to that term, rendering it nugatory and meaningless. Finally, the article also highlights that (contrary to the view expressed by the author nearly a decade ago) the aforesaid term, particularly in the context in which it has been interpreted in the case of Attorney General v. Dr UABWMRSA Bandaranayake and Others, has the effect plaguing the writ jurisdiction in Sri Lanka with the same problems and issues that are prevalent in English law.
Research Interests:
Research Interests:
The Sri Lankan Copyright law bears certain distinctive and peculiar characteristics when compared with the copyright laws of the European Union and United States. This is particularly so in relation to definition or articulation of... more
The Sri Lankan Copyright law bears certain distinctive and peculiar characteristics when compared with the copyright laws of the European Union and United States. This is particularly so in relation to definition or articulation of “works’ and, “original intellectual creations”. While the copyright law of Sri Lanka outlines a “work” in open-ended terms, the test of originality required to constitute an “original intellectual creation” has been set at a very low level similar to that of in the traditional British Copyright law. Also, the Sri Lankan law does not require “fixation” (i.e., the need to express the work in some tangible form), as a prerequisite to copyright protection. Consequently, copyright law of Sri Lanka seems to accord a more receptive and flexible milieu for copyright protection of certain sporting events. The objective of this article is to examine whether those sporting events which unveil a unique and original character could be protected under the copyright law of Sri Lanka.
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Sri Lanka as a country can hardly be pleased and satisfied of the level of protection and enforcement of copyright in the country, despite that it is believed to be having a robust copyright regime which complies with the accepted... more
Sri Lanka as a country can hardly be pleased and satisfied of the level of protection and enforcement of copyright in the country, despite that it is believed to be having a robust copyright regime which complies with the accepted international norms and standards. This, indeed, raises a pertinent question: why have the so called stringent protection and enforcement measures relating to copyright failed in Sri Lanka? The primary aim of this article is to investigate into this question and provide an answer to it. While there can be many causes and reasons which may have contributed towards rendering the copyright regime in Sri Lanka impotent or ineffectual in curbing the high level of copyright infringement in the country (particularly piracy of software), such as lack of institutional capacity, resources, will and awareness, the cause that would be explored in this article takes a different theme. In particular, this article submits that quite apart from the said important reasons, which have been widely discussed and examined by many scholars, one of the key reasons or causes that has made the copyright regime of Sri Lanka ineffectual in restraining the high copyright piracy rates is the public perception of the conceptual basis of copyright protection in Sri Lanka. That is, as will be argued in this article, the conceptual basis of copyright protection in Sri Lanka is totally alien to the country. The way in which copyright laws and regimes have been introduced and enacted in the country has also made copyright an extraterrestrial notion in Sri Lanka. In short, the article will point out that the copyright law in Sri Lanka remains not only an alien system, but also a system that has been merely copied from the West, as a result of which, the implementation and enforcement of copyright has become a perennial problem in the country.
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In the modern context, many research studies have identified that copyright law is an impediment or a barrier to access to knowledge (Talagala 2017, Talagala & Wiseman 2015, Strba 2012, Armstrong et al. 2010). This is mainly because, the... more
In the modern context, many research studies have identified that copyright law is an impediment or a barrier to access to knowledge (Talagala 2017, Talagala & Wiseman 2015, Strba 2012, Armstrong et al. 2010). This is mainly because, the exclusive rights granted through copyright law to creators or owners of copyright protected works have the potential to exclude or restrict the access of the public to these works. The main aim of this article is to identify and examine how the copyright law in Sri Lanka impacts on an individual’s access to books, when this access is particularly for the purpose of that individual’s private study. In this connection, this article will submit that the copyright law of Sri Lanka is a clear impediment and a barrier on access of an individual to copyright protected books, particularly when this access is for that person’s private study.
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Due to the common misconception that moneys in bank accounts are owned by their account holders (who are usually the bank customers), and, the complicated nature of the principles of banking law, sometimes, it may be thought that a... more
Due to the common misconception that moneys in bank accounts are owned by their account holders (who are usually the bank customers), and, the complicated nature of the principles of banking law, sometimes, it may be thought that a mistaken payment resulting from an erroneous credit entry in a customer account is a free gift from the bank to its customer. However disappointing it may be for the customers, this is not so. The purpose of this article is to examine this position with reference to the remedies provided in both civil law and criminal law of Sri Lanka. More specifically, Part I of this article will examine the civil law remedy of “action for money had and received”, which would be available to banks to recover money that has been mistakenly paid to their customers, and, its application in Sri Lankan law. Part II of this article will examine the applicability of criminal law, in particular, the offences of theft and criminal misappropriation under the Penal Code of Sri Lanka, in situations where customers have obtained mistaken payments from their banks with dishonest intention.
Research Interests:
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Intellectual property law is gaining increasing recognition and acceptance in many countries around the world. However, proper enforcement of intellectual property rights is one of the main issues encountered particularly by the... more
Intellectual property law is gaining increasing recognition and acceptance in many countries around the world. However, proper enforcement of intellectual property rights is one of the main issues encountered particularly by the developing countries. This paper attempts to identify how Sri Lanka has fared in enforcing intellectual property rights within its legal system.
The Sri Lankan intellectual property rights regime is possessed with a comprehensive as well as an effective framework for protection and enforcement of intellectual property rights. Nevertheless, Sri Lanka has not shown serious intentions of practically implementing the said effective regime.
This paper identifies that the main reasons which stand as obstacles to the proper implementation and enforcement of intellectual property rights in Sri Lanka are the common attitude of the people that the prevailing intellectual property rights regime in Sri Lanka is predominantly a Western concept and the perception of it as a system which has been forced in to the country as a matter of external influence.
The Sri Lankan intellectual property rights regime is possessed with a comprehensive as well as an effective framework for protection and enforcement of intellectual property rights. Nevertheless, Sri Lanka has not shown serious intentions of practically implementing the said effective regime.
This paper identifies that the main reasons which stand as obstacles to the proper implementation and enforcement of intellectual property rights in Sri Lanka are the common attitude of the people that the prevailing intellectual property rights regime in Sri Lanka is predominantly a Western concept and the perception of it as a system which has been forced in to the country as a matter of external influence.