Sunday, August 02, 2026

SC orders ex-employee to pay Rs. 5 mn for breach of trade secrets

Sri Lanka's Supreme Court has delivered a landmark judgment ordering a former employee of a glove manufacturing company located in the Katunayake Export Processing Zone to pay five million rupees in compensation for unlawfully disclosing the company's confidential manufacturing and trade secrets to a competing firm. The ruling, delivered by Justice Mahinda Samayawardhena, sends a powerful message to employees across the country about the legal consequences of breaching confidentiality obligations and corporate trust for personal financial gain.

Details of the Supreme Court Ruling

The Supreme Court's judgment centered on the former employee's deliberate decision to share proprietary manufacturing processes and trade secrets belonging to his former employer — a glove manufacturing company operating within the Katunayake Export Processing Zone — with a rival business. The court found that the individual had acted with clear intent to profit financially from the unauthorized disclosure, constituting a serious breach of trust and confidentiality that caused measurable harm to the original employer.

Justice Mahinda Samayawardhena, in delivering the verdict, determined that the compensation amount of five million rupees was appropriate given the nature of the breach, the sensitivity of the information disclosed, and the financial damage sustained by the affected company. The ruling underscores the judiciary's firm stance on protecting intellectual property and trade secrets within Sri Lanka's commercial and industrial sectors.

What Are Trade Secrets and Why Do They Matter?

Trade secrets refer to confidential business information that provides a company with a competitive edge. This can include manufacturing processes, formulas, designs, business strategies, customer lists, and other proprietary data that businesses invest significant time and resources to develop. In the manufacturing sector, particularly within export processing zones like Katunayake, trade secrets often form the backbone of a company's competitive advantage in both local and international markets.

When such information is unlawfully disclosed to competitors, the damage can be severe and far-reaching. Companies may lose market share, face financial losses, and suffer long-term reputational harm. The protection of trade secrets is therefore not only a matter of corporate interest but also a critical component of maintaining a healthy, competitive, and fair business environment.

Significance for Sri Lanka's Export Processing Zones

The Katunayake Export Processing Zone is one of Sri Lanka's most important industrial hubs, housing hundreds of manufacturing companies that contribute significantly to the country's export earnings and employment figures. Industries operating within these zones, including garment manufacturing, glove production, and other export-oriented businesses, rely heavily on proprietary processes and innovations to remain competitive in global markets.

This Supreme Court ruling carries particular weight for businesses operating in such zones, where the protection of intellectual property and trade secrets is essential to sustaining investor confidence and economic productivity. A clear legal precedent affirming that courts will hold individuals accountable for such breaches is expected to strengthen the overall business environment and encourage greater investment in Sri Lanka's manufacturing sector.

Legal Framework Governing Trade Secret Protection in Sri Lanka

Sri Lanka's legal framework for the protection of trade secrets and intellectual property has been evolving over the years. Employees who handle sensitive company information are typically bound by confidentiality clauses within their employment contracts, as well as broader legal obligations not to misuse proprietary information for personal gain or to benefit competitors. Violations of these obligations can result in civil liability, as demonstrated by this Supreme Court ruling, and in some cases may also attract criminal penalties.

Legal experts have noted that this judgment reinforces the importance of robust employment contracts that clearly outline confidentiality obligations, as well as the need for companies to implement strong internal policies to safeguard sensitive information. Businesses are being encouraged to conduct regular awareness programs for employees regarding their legal responsibilities when it comes to handling proprietary data.

Broader Implications for Employees and Employers

The ruling serves as a stern warning to employees across all industries that disclosing confidential company information to competitors — regardless of financial incentives offered — carries serious legal consequences. In an era where corporate espionage and data breaches are increasingly common concerns, the judgment highlights the courts' willingness to take a strong position in defense of legitimate business interests.

For employers, the case highlights the importance of not only having comprehensive confidentiality agreements in place but also actively monitoring and managing access to sensitive business information. Companies are advised to work closely with legal counsel to ensure that their intellectual property protections are legally sound and enforceable.

Conclusion

The Supreme Court's decision to order the former employee to pay five million rupees in compensation for breaching trade secrets marks a significant moment in Sri Lanka's legal landscape surrounding intellectual property and corporate confidentiality. As the country continues to attract foreign investment and develop its manufacturing sector, rulings such as this play a vital role in building a trustworthy and legally secure business environment. Both employers and employees would do well to take note of the clear message delivered by Justice Samayawardhena's landmark judgment.