Supreme Court Affirms Rs. 1.1 Million Penalty Against Wimal Weerawansa for Intellectual Property Violation in Tilvin Silva Case

The Supreme Court of Sri Lanka today delivered a decisive ruling in the intellectual property dispute between former minister Wimal Weerawansa and Tilvin Silva, General Secretary of the Janatha Vimukthi Peramuna (JVP). The court upheld the earlier judgment of the Colombo Commercial High Court, which had ordered Weerawansa to pay Rs. 1 million in damages for violating the Intellectual Property Act.

Weerawansa had filed an appeal challenging the Commercial High Court’s decision, which found that his book, titled “Naththa Wenuwata Aththa” (“Truth Instead of Lies”), unlawfully incorporated the JVP’s political ideology and official party documents without authorization. The Supreme Court dismissed the appeal in its entirety, affirming the lower court’s findings.

In addition to confirming the compensation amount, the Supreme Court maintained the injunction prohibiting the publication and distribution of the book in its current form. However, the court clarified that the book may be republished if the specific 60-page section identified as infringing intellectual property rights is excised.

Furthermore, the court imposed an additional Rs. 100,000 in compensation related to the intellectual property infringement, bringing the total damages Weerawansa must pay to Rs. 1.1 million.

This ruling underscores the judiciary’s commitment to protecting intellectual property rights, particularly concerning political party materials and ideological content. It also establishes clear parameters for permissible publication, emphasizing the necessity of obtaining authorization before reproducing proprietary documents.

The case originated when Tilvin Silva filed suit alleging that Weerawansa’s book contained unauthorized reproductions of JVP documents and ideological content, constituting a breach of the Intellectual Property Act. The Colombo Commercial High Court ruled in favor of Silva, leading to the appeal now rejected by the Supreme Court.

By upholding the injunction and compensation orders, the Supreme Court has reinforced the legal protections afforded to political parties’ intellectual property in Sri Lanka. The decision also serves as a cautionary precedent for authors and publishers regarding the use of protected political materials without consent.

The court’s ruling is final and binding, concluding the protracted legal battle between the parties over the publication rights of the contested book.