M.T.K. Nagodawithana, Acting Director, Department of Fisheries and Aquatic Resources vs C. Aloy W. Fernando – SC CHC APPEAL 30/2006-2018

In the case between M.T.K. Nagodawithana, Acting Director, Department of Fisheries and Aquatic Resources vs C. Aloy W. Fernando, the court addressed the issues of joint authorship, copyright protection, and moral rights under the Code of Intellectual Property Act No. 52 of 1979. It was determined that C. Aloy W. Fernando and Shantha Suraweera were joint authors of the Final Draft regarding fishing craft and gear, and thus entitled to moral rights protection, notwithstanding the transfer of economic rights to the Department of Fisheries. The findings established that publication of the work by the Department, absent proper acknowledgment and with modification, constituted a violation of the authors’ moral rights. While recognizing infringement, it was held that the appropriate remedy was th