Restraining order on ‘Changumi’ novel

27 February 2013 10:18 pm

The Colombo Commercial High Court yesterday restrained the publishers of the novel ‘Changumi’ based on the popular television series telecast over Rupavahini under the same name from being distributed and sold.

The order was made following a petition filed by Sri Lanka Rupavahini Corporation.

The court issued the order on Vidharshana Publishers and its owner Janaka Inimankada of No. 33 Temple Road  Kalubowila  Dehiwala  from  using the name “Changumi” or “Sujatha Diyani” or pictograms of “Changumi” or “Sujatha Diyani” for novels or any other literary works or works of art which would  resemble the characters “Changumi” or ”Sujatha Diyani” until March 13.

Colombo High Court Judge E.A.G.R. Amarasekera issued this restraining order on the defendants after considering the submissions made by President’s Counsel Kushan De Alwis who appeared with Chamath Fernando, Nilakantha Wijekoon and Kaushalya Navaratna instructed by Sanath Wijewardena for the petitioner, Sri Lanka Rupavahini Corporation.

The Counsel submitted that the English translations of the Korean teledrama ‘Day Pang Gyum” written by popular Korean writer Young Hyun Lee and translated into English and titled “Jewel in the Palace” was a successful and popular serial teledrama in European countries.

The Counsel said the licensee Munhwa Broadcasting Corporation of Korea and the petitioner Sri Lanka Rupavahini Corporation had entered into an agreement to telecast the drama in Sri Lanka.

Accordingly the petitioner has the right to telecast the drama twice in Sri Lanka within the period December 24, 2011 to December 24, 2014 by dubbed in Sinhala and with subtitles.

The counsel said the main female character “Changumi” was created by the petitioner in the Sinhala copy.

The counsel said the character “Changumi” or the title of the Sinhala copy “Sujatha Diyani” is the petitioner’s brain child which became popular names among the teledrama viewers and the petitioner has a property right for those under Section 7 of the Intellectual Property Act No 36 of 2003.

The counsel said if that character ‘Changumi’ or ‘Sujatha Diyani’ is fraudulently used in any other work to resemble the petitioners work, an irreparable loss would be caused to the creator.

And thus that the defendant be restrained from using the title “Sujatha Diyani or’ “Changumi” for the defendants novel or in any other work. (T. Farook Thajudeen)