Trade Secrets Law in Sri Lanka
In Sri Lanka, the protection of trade secrets is primarily governed by the Intellectual Property Act No. 36 of 2003, specifically under Section 160(6). This section provides statutory protection for undisclosed information, including trade secrets, against unauthorized acquisition, use, or disclosure.
Legal Framework
The Intellectual Property Act aligns with Article 39 of the WTO's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which mandates member countries to protect undisclosed information, including trade secrets, against unfair commercial use. This alignment ensures that Sri Lanka's legal provisions are consistent with international standards for the protection of trade secrets.
Enforcement and Remedies
Enforcement of trade secret protection in Sri Lanka is primarily through civil remedies. Affected parties can seek redress through the courts, including injunctions to prevent further disclosure or use of the confidential information and claims for damages resulting from the unauthorized use or disclosure.
Practical Considerations
To effectively protect trade secrets in Sri Lanka, businesses should consider the following measures:
Non-Disclosure Agreements (NDAs): Implement NDAs with employees, contractors, and business partners to legally bind them to confidentiality obligations.
Internal Policies: Develop and enforce internal policies that define confidential information and outline procedures for handling such information
Access Controls: Limit access to sensitive information to authorized personnel only, using physical and digital security measures.
Employee Training: Educate employees about the importance of safeguarding confidential information and the potential consequences of unauthorized disclosure.
Monitoring and Auditing: Regularly monitor and audit information systems to detect and prevent unauthorized access or disclosure.
By proactively implementing these measures, businesses can enhance the protection of their trade secrets within the existing legal framework of Sri Lanka.
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