Dialog accuses SLT of industrial espionage

The Commercial High Court on July 19th Wednesday ordered Sri Lanka Telecom PLC (SLT) to disclose the source / person from whom SLT had acquired confidential information of Dialog Broadband Networks (Private) Ltd (Dialog Broadband).

Court also required SLT to appear and show cause as to why the interim injunction restraining SLT from using and/or disclosing and/or disseminating the confidential information contained in the ‘Request for Proposals’ pending the hearing and determination of the action, should not be granted.
Dialog Broadband on 18th July, 2017 instituted action against SLT for wrongfully and unlawfully acquiring confidential information belonging to Dialog Broadband, its main competitor. 

Dialog Broadband stated to court that SLT has deliberately obtained confidential design documents containing planned future service offerings based on a cutting-edge adaptation of GPON technology, and formed a central element of a project scoping (Request for Proposal) document shared under strict non-disclosure agreements with selected technology partners of Dialog Broadband.

The confidential documents contained comprehensive network architecture and service delivery architecture design specifications amongst other confidential information of Dialog Broadband and as such had enormous commercial value.

Dialog Broadband further stated, in its plaint that it had taken all reasonable steps to maintain the secrecy of the undisclosed confidential information. However, SLT had obtained it by an act of industrial espionage. The Intellectual Property Act No. 36 of 2003 protects confidential information from disclosure and any wrongful acquisition and/or use is a violation of the said act. Dialog Broadband stated that SLT has violated the law by wrongfully and unlawfully acquiring and using the confidential information belonging to Dialog Broadband.

Commercial High Court Judge Ruwan Fernando after hearing submissions of counsel for Dialog Broadband ordered the interim measures of protection sought by Dialog Broadband and directed SLT to forthwith disclose the source from which the confidential ‘Request for Proposals’ was acquired and to forthwith furnish the original to court.

K. Kanag-Isvaran, President`s Counsel with Avindra Rodrigo, L. Jeyakumar and Aruna de Silva appeared for the Plaintiff, Dialog Broadband Networks (Private) Ltd.