Sri Lanka High Court Finds Weerawansa Guilty of Copyright Infringement

The Sri Lanka High Court ruled that former Minister Wimal Weerawansa committed copyright infringement and upheld the lower court's decision. Accordingly, Weerawansa is required to pay 1 million Sri Lankan rupees in compensation to Janatha Vimukthi Peramuna (JVP) General Secretary Tilvin Silva. The decision came following the conclusion of the intellectual property rights infringement lawsuit filed by Silva against Weerawansa. The three-judge High Court panel completely rejected Weerawansa's appeal against the lower court's decision. This development was recorded as a landmark decision in Sri Lankan politics regarding intellectual property and the use of political parties' internal documents.

The incident that led to the lawsuit began when Weerawansa published a book titled "Neththa Wenuwata Aththa" (Truths Instead of Lies). Tilvin Silva applied to the court, claiming that the said book contained the political ideology and official party documents of the JVP without permission. Silva's petition emphasized that this publication clearly violated the provisions of the Intellectual Property Act. During the trial process, it was determined that the materials in the book covered intra-party correspondence and ideological texts, and that these were used without permission. This situation revealed a political party's effort and legal struggle to protect its own intellectual property.

The decision given by the High Court was not limited to compensation alone; it also ruled that the publication and distribution of the book in its current form be banned. However, instead of completely confiscating or destroying the book, the court offered an alternative solution. If the author and publisher remove the 60-page section deemed to constitute an infringement from the book, they were allowed to reprint and distribute the work. This detailed decision demonstrated that the court is sensitive about taking proportionate and applicable measures in cases of intellectual property infringement. Thus, while protecting the remaining parts of the work, the condition of removing the unauthorized section was stipulated.

Wimal Weerawansa is one of Sri Lanka's well-known political figures and has held various ministerial positions in the past. Weerawansa, who previously had ties with the JVP, caused political controversy by using such party documents after leaving the party. This case is considered a significant turning point both for Weerawansa's political career and the understanding of intellectual property among parties. Weerawansa, who appealed the lower court's decision, lost the legal process after failing to obtain a favorable outcome from the High Court. The compensation amount in question, 1 million Sri Lankan rupees, stood out as a striking sanction given for intellectual property infringements.

This incident went beyond being just a copyright lawsuit, raising the question of how political parties will protect their ideological productions and institutional documents. It was observed that the Sri Lankan judicial system could make decisions in line with the principle of the rule of law, even for high-level politicians. This precedent-setting decision could lead to more attention being paid to intellectual property rights in politically motivated publications in the future. Furthermore, the court's permission to republish the book on the condition that a specific section is removed stands out as an important legal interpretation reflecting the balance between intellectual property and freedom of expression. Meanwhile, JVP officials declared this decision a major victory in the context of protecting party rights.