Social Sciences
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Item Necessity of Enhancing the Legal Protection for Software: A Sri Lankan Perspective.(Department of Library and Information Science, Faculty of Social Sciences, University of Kelaniya,Sri Lanka., 2017) Pathiraja, P.M.A.S.In the era of knowledge based economy the nation’s economic status mainly depends on the production, distribution,and use of knowledge and information.Intellectual property rights play an important role in this competitive world by protecting the one’s own ideas, designs and products being copied or utilized without the proper authorization. With the development of the technological innovations across the world,the software industry has created the starting point of heated debates over the protection of software in the current intellectual property regime.According to the expanding trends in software industry it is difficult to identify the proper legal regime for its protection.Copyright or patent protection is the most effective way to protect such softwareand some legal systems suggest sui generis system of protection on software in the current context. Software as a literary work or innovation is mainly protected under the Intellectual Property Act no. 36 of 2003 in Sri Lanka.In the domestic scenario,throughout the last few years Sri Lanka has been experiencing high rate of increasing incidents regarding the misappropriation of software and software related inventions because of its vulnerability in the marketplaces.Thereforethis paper discusses the problem of protecting the software in Sri Lanka by analyzing the debate on protecting software through copyrights and patent law and critically discuss the patentability of software under the existing Intellectual Property Law in Sri Lanka.Furthermore it examines the arguments on patenting softwareand expect to make suggestions to strengthen the existing law as an option. This is a qualitative research based on literature review and mainly carried out by the reference of primary and secondary sources such as statutes, International treaties, judicial decisions, academic writings, journal articles and e-sources. The comparative analysis of successful legal position in selected jurisdictions have been followed in reaching the conclusion.Item Post Conflict Reconciliation as a Strategy Promote Tourism; Special Reference to ongoing Reconciliation Process in Sri Lanka (Western Province in Sri Lanka)(Faculty of Social Sciences, University of Kelaniya, Sri Lanka, 2015) Dilrukshi, N.G.A.C.M.; Abeshinhe, C.After ended Sri Lanka-LTTE conflict in 2009, there is an ongoing reconciliation process in Sri Lanka. And also, dynamic growth in tourism industry in Sri Lanka. Ongoing Post Conflict Reconciliation process takes the major role under this scenario. The researcher takes effort to find out the ongoing reconciliation process whether impact to promote tourism and to give recommendations to increase tourism promotion strategies. The main objective of this study is to identify whether the post conflict reconciliation process has helped to promote the tourism industry. Other objectives are identify the post conflict reconciliation process in Sri Lanka, Study Strategies of post conflict Tourism promotion in Sri Lanka. Recognize people attitudes in village community in study area, effectiveness of reconciliation process for the growth of post conflict tourism in Sri Lanka. This research study is comprised primary data and secondary data and has done mix method (qualitative and quantitative) research study using books, journals, reports, academic publications and web sites. Primary data collect by interviews and questionnaires to analyze the research. The target population was fifty village community in Nilaweli area and twenty Local and International tourists in this area. Structured questionnaire and open ended interviews were used to collect data. Respondents were village community, local and International tourists and hotel managers or owner who were involved in tourism sector The research study has highlighted regional development, tourism promotion strategies, protection, Employment, freedom, integration, education, and other regional causes are affected to promote tourism. It has proved while follow the primary data which are included. In addition, it can be identified the ongoing reconciliation process has helped to promote tourism in Sri Lanka.Item The Concept of Witness and Victim Protection in the International Criminal Law: A Comparative Study(University of Kelaniya, 2005) Goonaratne, W.D.R.D.This paper discusses how the British judges created communal divisions in Sri Lanka during the colonial rule through their decisions. The British colonial rule was established in Ceylon after capturing in 1796 the maritime areas hitherto held by the Dutch. The whole Island was brought under their rule only in A.D.1815 after major military offensives between the national patriotic forces and the invading colonial army. However, after major rebellions against the British colonial rule in 1818 and 1848, Ceylon regained her lost pride and sovereignty with the grant of dominion status in 1948. Nevertheless Sri Lanka became a fully Sovereign and Independent Republic only in 1972. The highest appellate court in Sri Lanka until 1972 was the Privy Council, which heard our appeals in Britain. During the period that spans from 1796 to 1972, the British judges heard our cases and in particular the judgments delivered by them during the first 50 years of the British rule very clearly reflect ‘divide and rule’ considerations that were taken into account in forming these judgments. This paper intends to critically analyze those decisions with a view to understand how the British colonial judiciary interpreted indigenous laws, customs and values to justify and fortify their rule in Ceylon by offering illogical constructions and interpretations to those indigenous laws thereby creating divisions among the different communities in Ceylon. Accordingly the paper will discuss the following areas: Restricting the applicability of Kandyan law; the law that was applied to the entire Island to certain areas in the Kandyan provinces thereby transforming it to a territorial law; Exclusion of the Europeans and other inhabitants from the application of Kandyan law to transform it into a mere personal law; Narrow interpretations given to the customary rights relating to land inheritance, marriage, and other civil aspects for the purpose of making division between low country Sinhalese, up-country Sinhalese and Tamil inhabitants in the Northern part of the country; The paper will discuss some landmark case decisions such as Re Carshow v Nicole, Williams v Robertson, etc. The paper will conclude with the implications of decisions on the present national issue and what next should be done judicially to put record straight.Item Measures taken by ancient kings to protect animals(University of Kelaniya, 2013) Jayathilaka, W.A.H.Here, protection means securing life safety of human being or animals. It is essential principle of the world we are living. Animals render a great help to human life. The state of the animals in a particular society depends on the attitudes and norms of the said society. When examining the human history it is evident that humans were successful in domesticating the animals such as goats, sheep, cows, elephants, and horses. These animals were connected with the social economical and cultural life of the ancient societies. The basic necessities of the human beings were fulfilled by animals. Hence, there was a well established correlation between humans and animals. However, destroying animal life is also done by human activities. Therefore, protection of animals was a necessity even in the past. Because of this, a policy for protection of animals was a true challenge. Ancient rulers of Sri Lanka were successful in facing this challenge by implementing effective strategies to protect animals. The object of this research is to examine the animal protection policy of ancient kings from the Anuradhapura kingdom. The question raised by this research is that, what was the nature of the contribution made by the ancient kings in this regard. Primary and secondary sources were used for this research. It is clear that disturbing animals or the unkindness towards birds, fish, cows and other animals were not only prevented but also protected eagerly by the kings. For an example, King Buddhadasa had treated a cobra and removed a boil in its body with surgery and later the cobra had presented a gem as a sign of gratitude to the king. Hence we can conclude that the Kings had done a great service towards protecting animals during the Anuradhapura Period.