From download to the Fallout: Effects of the developing IP landscape of Sri Lanka on digital cooperation

Due to the stronger focus on IP protection, companies can alleviate risks and demonstrate their commitment to protect their own assets and their customers and partners

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By Shehan Silva

Since Srilankic companies are increasingly integrating into global value chains and information networks, both employers and employees with new challenges in the protection and evaluation of intellectual property (IP) and the maintenance of confidentiality can stand.

The post-pandemical shift towards long-distance work in connection with the widespread introduction of digital collaboration tools and cloud storage has changed the traditional dynamics in the workplace. While these progress offer exponentially greater access to information within an organization, you also introduce new risks related to the security of sensitive information.

Protection of the remote work area

Covid drove companies – especially in terms of digital collaborations tools – with greater openness and a much higher standard. This led to a quick integration of digital platforms for communication and cooperation. In a few years, tools such as cloud-based document release, virtual meeting software and remote access systems have switched from niche specializations to Daily Essentials.

At the same time, companies have also actively used technology to ensure that long -distance work becomes more efficient and – in contrast to the past – significantly stricter in the pursuit of potential IP violations.

Employees who access confidential information from different locations and devices increase the complexity of securing proprietary data. While this requires robust cyber security measures and extensive guidelines at the organizational level to regulate the use and protection of sensitive information in a distributed working environment, a broader re -evaluation of culture may also be necessary to ensure that everyone involved is working on a level competitive area.

Strengthening the legal precedents for the confidentiality of the employers

Recent developments underline how leading Srilankic companies proactively strengthen the protection of their intellectual property and confidential information. Due to the introduction of crucial legal steps against confidentiality violations, these organizations emphasize their commitment to protecting the IP rights and the protection of their competitive advantage.

Such measures not only protect the interests of individual companies, but also help to strengthen the legal rights in favor of the confidentiality of employer workers. They serve as a deterrent to potential violations and signal the wider business world that the protection of IP is a serious matter with significant effects.

These were some of the dynamics that had come to the fore in a recent legal dispute between the Mas Group and two of their former employees. The couple had supposedly downloaded sensitive proprietary data from the company's system shortly before demolition to join a direct competitor. The downloads have triggered the suspicion of conscious abuse of proprietary information, and complained that the employees wanted to make their new employer an unfair advantage in the field of competitive clothing.

During the court's court, it was unveiled that the MAS group initially found that both defendants had downloaded a considerable amount of proprietary information shortly before resigning in a competing clothing manufacturer. The files had contained proprietary information that was of crucial importance for the company's competitive advantage on the market for high-tech clothing and sportswear.

The company argued these measures against several clauses in the employment contracts of the accused as well as their confidentiality and their intellectual property agreement. In addition, they stated that the actions of the accused had violated the intellectual property of the intellectual property of Sri Lanka due to the non -authorized disclosure of confidential information, especially an unfair competition.

In this case, technology systems played a crucial role in the institution of Legal Action, since the non -authorized downloads were discovered due to the high -grade automated protective measures implemented by MAS in order to monitor suspicious activities and direct IP violations.

When these unauthorized downloads were marked by the system, the company immediately stopped an internal examination and found that one of the accused had used his personal laptop to download and store confidential information. It was argued that both defendants had received permission to access confidential information via the company's cloud-based system, but no such permit was given to download and store it on their personal devices. In view of the fact that the data could have been accessed without downloading it to your personal device and that no such permission had been granted, it was argued that the accused had violated the IP rights of the MAS group.

The MAS group acted quickly. Although one of the accused had already resigned, the other defendant was suspended and a disciplinary examination was initiated. However, this accused also submitted his resignation shortly afterwards and prompted the company to file a lawsuit in which RS was submitted. 100 million compensation for violation of confidentiality and potential damage to his business. The company also exercised the right to take action that took place on violations that took place during the employment period even after the employee left the company.

President Harsha Amarasecara's lawyer, who appeared on behalf of the company, informed the court that the measures of the accused had raised concerns that the downloaded proprietary information could be used to benefit their new employer. He also claimed that the actions of the accused had violated the law on intellectual property of Sri Lanka, in particular the provisions of an unfair competition through the non -authorized disclosure.

“Every action or practice for industrial or commercial activities, which leads to the disclosure of unspecified information without the consent of the person who lawfully controlls this information, and is also prohibited in a way that contradicts honest commercial practice.” – Law on intellectual property 36 of 2003 – Section: 160 (C) (6),

Initially, the MAS group also received inflammation before the commercial high court in Colombo to prevent the former employees from using or disclosing the confidential files, which they allegedly downloaded before their resignation.

Ultimately, the matter was solved by an agreement before the court proceedings. As part of the agreement, the accused admitted that they had no right to use or disclose the downloaded information. They also expressed the regret of damage or inconvenience that may have caused their actions for the MAS group. The problems raised in the case seem to indicate that Srilankic companies – especially those who deal with high -competitive global industries – are strictly in the enforcement of their IP rights.

In this case, the MAS group emphasized the importance of legal protection for intellectual property and in its case of Sri Lanka's law of intellectual property 36 from 2003 was decisive. They argued that the provisions of the law against non -authorized disclosure were of crucial importance in order to maintain their competitive advantage.

President Harsha Amarasecara's lawyer with Kanchana Peiris by Sanath Wijewardena was published for the company.

Effects for companies and employees

Implementation of advanced technological controls, such as B. internal security systems that monitor data access and mark non -authorized activities is essential. Regular audits, employee training programs and clear guidelines for the treatment of confidential information and the protection of intellectual property can help to further improve the security measures.

Such measures have become particularly important for companies that have become responsible for all IP violations with international organizations, conglomerates and brands that they must be responsible for all IP violations.

The employees are also an essential part of the effective protection of intellectual property. Understanding and compliance with corporate guidelines, non -open laid results (NDAS) and legal obligations are therefore more important than ever. Since the boundaries between personal and professional devices in long -distance work are often blurry, employees must exercise responsibility caution in order to prevent unintentional disclosures or unauthorized access to confidential information.

Awareness of the legal consequences in connection with IP violations of the IP after the employment activity of crucial importance, since violations now lead to legal steps. Due to the stronger focus on IP protection, companies can alleviate risks and demonstrate their commitment to protect their own assets and their customers and partners.

Employees also have to recognize their critical role in this emerging ecosystem and understand that their actions have significant effects for both their employers and themselves. It is crucial that these responsibilities are binding from his post even after an employee. By taking over these responsibilities, the Srilankian business world can navigate the complexity of the modern work environment and appear more strongly on the global market.