Tissa Nagodavithana loses intellectual property case

By T. Farook Thajudeen

Two renowned film conservators were in courts this week to pursue legal action to assert ownership rights for Sinhala films ‘Thewatha’ (1970) and ‘Aparadaya saha Danduwama’ (1973). 

Film conservator Tissa Nagodavithana had filed a petition before the Kaduwela Magistrate Court against Hemapriya Kandambi of Hemapriya Kandambi Cinema Museum and Archive in Kadawatha, under the Intellectual Property Act to assert ownership of the two films that were broadcast on the Sri Lanka Rupavahini Corporation on 16 January 2014.

The plaintiff alleged that the defendant, Hemapriya Kandambi, unlawfully sold copies of the films ‘Thewatha’ and ‘Aparadaya saha Danduwama’ to the Sri Lanka Rupavahini Corporation, thereby violating the provisions of the Act.

During the trial at the Kaduwela Magistrate Court, Magistrate Chanika Wijebandara noted that the burden of proof lies with the complainant, and the complainant had however failed to establish that the defendant had violated Section 178 (i) of the Copyright Act No. 36 of 2003.

Therefore, the Magistrate dismissed the private plaint filed by the complainant, as the prosecution failed to prove the case beyond a reasonable doubt. Counsel Asoka Serasinghe, along with Akalanka Serasinghe, appeared for the prosecution, while Counsel Prasanna Panawanna appeared for the defence.