Commercial High Court grants 4 separate enjoining orders against ex-Overseas Business Manager of Sir

The Commercial High Court of Colombo, on an application made before it on 26 September 2016, issued four enjoining orders against Chamith Perera, the former Overseas Business Manager of Sirocco Air Technologies Ltd, for engaging in unfair competition in terms of the Intellectual Property Act No. 36 of 2003.

Sirocco Air Technologies Ltd. is a company which has for the past seven years been at the forefront of designing and installing ventilation systems for domestic, commercial and industrial use and has over the course of the last few years expanded its operations beyond Sri Lanka.

Sirocco was represented in court by Counsel Nishan Premathiratne, who appeared with Nadun Wijayasriwardena on the instructions of Sanjaya Fonseka, Attorney-at-Law

It was submitted by the Counsel appearing on behalf of Sirocco that the defendant Chamith Perera had, during the course of his employment at Sirocco, obtained certain confidential, commercially sensitive business information belonging to his employer Sirocco and that he  was in the process of unlawfully using the information for the benefit of one of Sirocco ‘s competitors.

Counsel appearing on behalf of Sirocco gave the court a USB drive which contained confidential, commercially sensitive business information of Sirocco which the company claimed was unlawfully acquired and misused by the defendant.

Upon hearing the submissions of Counsel Premathiratne on behalf of Sirocco, High Court Judge Amarasekara granted four enjoining orders preventing Chamith Perera making use of the confidential, commercially sensitive business information, disclosing it, acquiring more information while also preventing the defendant from obtaining confidential, commercially sensitive business information by unlawfully accessing email accounts belonging to the of the present employees of Sirocco.

In addition to the ex parte interim orders Sirocco has also sought damages amounting to Rs. 20 million from the Defendant Perera for his dishonest trade practices amounting to unfair competition in terms of the Intellectual Property Act No. 36 of 2003. The matter is scheduled to be called on 24 November 2016.