Thursday, January 08, 2009, 1/08/2009 02:00:00 PM

Litigation in India Over Trade Secrets Risks - Ever Heard of an RS 501CR Injunction?

By Todd
First, the Chinese engaged in a crackdown of copyright pirates who were allegedly copying Communist era DVDs that the government sold for a profit. Now, we learn that India actually has an injunction aimed at employee defectors - an RS 501 CR injunction. Good stuff. If you read the report below, it sounds like these Indian litigants are trying out a version of inevitable disclosure doctrine without calling it that:

"What is the threat to you now that he has gone away?'' Justice A V Nirgude asked Attorney Khambata.

"He will divulge trade information from which the company's competitors would profit...What better asset than to offer the firm's trade secrets if he sets up a consultancy.''

In response, the judge asked: "Assuming an injunction is granted, how will you ensure it is implemented?''

Khambata admitted that it might be difficult to monitor Singh's activities, but said he was entitled to an injunction.

But Singh's counsel Rajiv Kumar suggested that there was more to the matter, and said that Singh would not be able to reveal secrets he does not even have. He added that Singh, in fact, resigned in October 2007, and had been threatened with dire consequences by Wadia and a few other company members when he was called in for some advice last June.

"His laptop and diary was forcefully taken from him. He was wrongfully confined in a room for six hours only to find that his car was broken into and all papers missing,'' said Kumar.

Attorney Khambata immediately refuted the allegations as being "completely false'' and said he would "deal with them point by point.''

But Attorney Kumar added that Singh was bold enough to mention in his affidavit that he had received a threat that he would get the same treatment as two other prominent industrialists who had crossed paths with the company in the past. In fact, Singh's affidavit said he was "under tremendous tension and fear of reprisal including imminent danger to his and his family's life.'' He added that the attempt of the legal battle was to defame him and deprive him of any other job, but Attorney Khambata said that the company has no such intentions.

"The company is not saying he can't work elsewhere, but he can't get a job based on the company's secrets.'' The matter will continue on Friday.

Sounds familiar, eh?

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