SMC Marine Services v Thangavelu: Interim Injunction for Misuse of Confidential Information and Copyright Infringement

In Singapore, SMC Marine Services (Pte) Ltd sought an interim injunction against Thangavelu Boopathiraja, Asset Automation Pte Ltd, and Maritime Automation Pte Ltd in the High Court on February 28, 2008, for misuse of confidential information and copyright infringement related to its Vessel Monitoring System (VMS). The court granted the injunction, preventing the defendants from using the plaintiff's confidential information and infringing on its copyright in the computer program and SCADA Box drawing, pending judgment or further order.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Interim injunction granted to the plaintiff, SMC Marine Services, restraining the defendants from using confidential information and infringing copyright.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

SMC Marine Services sought an interim injunction against Thangavelu Boopathiraja for misusing confidential information and infringing copyright related to its Vessel Monitoring System.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
SMC Marine Services (Pte) LtdPlaintiffCorporationInterim injunction grantedWon
Thangavelu BoopathirajaDefendantIndividualInterim injunction granted against defendantLost
Asset Automation Pte LtdDefendantCorporationInterim injunction granted against defendantLost
Maritime Automation Pte LtdDefendantCorporationInterim injunction granted against defendantLost

3. Judges

Judge NameTitleDelivered Judgment
Tay Yong KwangJudgeYes

4. Counsels

Counsel NameOrganization
Alban KangAlban Tay Mahtani & de Silva
Joyce AngAlban Tay Mahtani & de Silva
Zhulkarnain Abdul RahimRodyk & Davidson LLP
Low Chai ChongRodyk & Davidson LLP

4. Facts

  1. SMC Marine Services developed a Vessel Monitoring System (VMS) for remote monitoring of tugboats.
  2. Thangavelu Boopathiraja was employed by SMC Marine Services as a systems engineer from 2004 to 2006.
  3. Boopathiraja had access to confidential information about the VMS during his employment.
  4. After resigning, Boopathiraja became a director of Asset Automation and Maritime Automation.
  5. Asset Automation and Maritime Automation began manufacturing a similar VMS.
  6. SMC Marine Services filed a patent application for the VMS.
  7. SMC Marine Services sought an interim injunction to prevent the defendants from using its confidential information and infringing its copyright.

5. Formal Citations

  1. SMC Marine Services (Pte) Ltd v Thangavelu Boopathiraja and Others, Suit 422/2007, SUM 3736/2007, [2008] SGHC 29

6. Timeline

DateEvent
SMC Marine Services (Pte) Ltd incorporated.
Thangavelu Boopathiraja employed by SMC Marine Services as a systems engineer.
Fleet Automation Services Pte Ltd filed a patent application for the VMS.
Thangavelu Boopathiraja gave notice of resignation to SMC Marine Services.
Thangavelu Boopathiraja left the employ of SMC Marine Services.
Asset Automation Pte Ltd incorporated.
Maritime Automation Pte Ltd incorporated.
Plaintiff seeks interim relief.
Judgment issued.

7. Legal Issues

  1. Misuse of Confidential Information
    • Outcome: The court granted an interim injunction restraining the defendants from using or disclosing the plaintiff's confidential information.
    • Category: Substantive
    • Related Cases:
      • [1987] Ch 117
      • [1993] 3 SLR 44
  2. Copyright Infringement
    • Outcome: The court granted an interim injunction restraining the defendants from infringing the plaintiff's copyright in the computer program and SCADA Box drawing.
    • Category: Substantive
    • Related Cases:
      • [1992] 1 SLR 639
  3. Interim Injunction
    • Outcome: The court granted the interim injunction, finding that there were serious questions to be tried and that damages would not be an adequate remedy.
    • Category: Procedural
    • Related Cases:
      • [1994] 3 SLR 151
      • [1992] 2 SLR 729
      • [1975] AC 396

8. Remedies Sought

  1. Injunction restraining use or disclosure of confidential information
  2. Injunction restraining copyright infringement
  3. Order requiring disclosure of recipients of confidential information

9. Cause of Actions

  • Breach of Duty of Good Faith and Fidelity
  • Misuse of Confidential Information
  • Copyright Infringement

10. Practice Areas

  • Commercial Litigation
  • Intellectual Property
  • Injunctions

11. Industries

  • Maritime
  • Technology

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Singapore Press Holdings Ltd v Brown Noel Trading Pte Ltd & OrsCourt of AppealYes[1994] 3 SLR 151SingaporeCited for the principles governing the granting of interim injunctions.
Chuan Hong Petrol Station Pte Ltd v Shell Singapore (Pte) LtdCourt of AppealYes[1992] 2 SLR 729SingaporeCited for the principles governing the granting of interim injunctions.
American Cyanamid Company v Ethicon LtdHouse of LordsYes[1975] AC 396England and WalesCited for the guidelines on granting interlocutory injunctions, including the need to show a serious question to be tried and considering the balance of convenience.
Faccenda Chicken Ltd v Fowler and othersEnglish Court of AppealYes[1987] Ch 117England and WalesCited for the principles of law applicable to misuse of confidential information by an ex-employee.
Tang Siew Choy & Ors v Certact Pte LtdCourt of AppealYes[1993] 3 SLR 44SingaporeEndorsed the principles stated in Faccenda Chicken Ltd v Fowler and others regarding misuse of confidential information.
Re AUVI TrademarkHigh CourtYes[1992] 1 SLR 639SingaporeCited for the principle that simplicity does not prevent a work from acquiring copyright.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Rules of Court (Cap 322, R5, 2006 Rev Ed)Singapore
Patents Act (Cap 221)Singapore
Copyright Act (Cap 63)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Vessel Monitoring System
  • Confidential Information
  • Copyright Infringement
  • Interim Injunction
  • SCADA Box
  • Computer Programme
  • Trade Secrets
  • Patent Application
  • Remote Monitoring
  • Tugboats

15.2 Keywords

  • Vessel Monitoring System
  • Confidential Information
  • Copyright
  • Injunction
  • Maritime
  • Technology

17. Areas of Law

Area NameRelevance Score
Breach of Confidence85
Injunctions80
Confidential Information75
Civil Practice75
Copyrights70
Trade Secrets70
Contract Law40
Corporate Law20

16. Subjects

  • Intellectual Property
  • Confidentiality
  • Copyright
  • Civil Procedure
  • Injunctions