Dharmapala vs. Officer-in-Charge, Colombo Special Crimes Division – sllr 2021 volume 1 page 149

The case centered on charges of unlawfully selling and possessing copies of the record “Galana Gangaki Jeewithe,” infringing on intellectual property rights. The sequence of events included the prosecution establishing the integrity of the CDs from purchase to presentation in court, and proving the actus reus and mens rea of the offence under the Intellectual Property Act.

Jayawardena, J. stated that real evidence may be admitted if associated with oral evidence describing the existence or condition of the physical item. The actus reus requires the offender to have sold, displayed for sale, or possessed for sale a copy made in infringement of protected rights, while the mens rea necessitates knowledge or reason to believe in the infringement. Lyricists, music composers, and producers jo