Submission of info via USB flash drive to Court possible

With reference to the article that the Commercial High Court refuses to accept confidential information through a USB flash drive published yesterday, the Daily FT has been informed that there is no blanket finding that the Commercial Court would not entertain confidential information submitted through a USB or in any other form and permit such to be inspected under the Court’s supervision, but has very clearly warranted that notice should be given to the other side to inspect the information if the party so requires.

Further to the article titled ‘Commercial High Court refuses to accept confidential information submitted through USB flash drive’ in the case initiated by Sirocco Air Technologies Ltd. against one of its former employees Kuruklasooriya Chamith Srikantha Perera on unfair competition, the Honourable Judge Mahinda Samayawardena of the Commercial High Court by his order dated 21 September 2017 has granted an Interim Injunction on Unfair Competition against the Defendant Kuruklasooriya Chamith Srikantha Perera under the Intellectual Property Act No.36 of 2003.

Furthermore, Mahinda Samayawardena in his order has held that parties are in fact permitted to submit confidential information to Court under confidential cover provided notice of submitting such confidential information to Court is given by the party to the opposing party so that such party may then move to inspect the information upon making an application to Court under Court’s supervision.

The Learned High Court Judge held interalia in his order that “the said information listed in paragraph 8 of the plaint does not appear to me confidential information unless the plaintiff gives details of them to Court may be separately but with notice to the defendant for the defendant with his lawyer to go through it under the supervision of Court.”  

Through this there has however not been a blanket finding that the Commercial Court would not entertain confidential information submitted through a USB or in any other form and permit such to be inspected under the Court’s supervision, but has very clearly warranted that notice should be given to the other side to inspect the information if the party so requires. 

In recent cases before Judge Smayawardena instituted by Wilhelmsen Meridien Navigation of Number CHC /62/2016/IP, CHC/61/2016/ IP and CHC/13/2017/ IP, which were cases of this nature under Unfair Competition, the confidential information submitted through a USB by the Plaintiff was also inspected by the opposing party under Court’s supervision in the presence of their lawyers. Further thereto the Learned Judge of the Commercial High Court has proceeded to grant the interim injunctions sought in the respective cases in respect of the confidential information being unlawfully acquired, disclosed or being used which had been submitted through a USB.

Confidential and commercially sensitive business information thus pivotal for an entity for its business progression and unlawful disclosure, use or acquisition of such information is clearly an act prevented in terms of the Intellectual Property Act No 36 of 2003 and is also deemed to be a criminal offence.