With competition hotting up in the life sciences industry, availability of appropriate talent especially related to R&D and the niche clinical research domain is proving to be a big challenge.  This in-turn is forcing companies to poach talent from rival firms and the trend has alarmingly increased over the last few years.

As a corollary to this development, ugly corporate spats are being witnessed. Allegations are being made of sensitive information being transferred, technology information being stolen and last but not the least charges related to infringement of confidential documents are being made against ex-employees.

In a recent development, Manipal Acunova Ltd. has accused Semler Research Centre Pvt Ltd. and its six employees (former employees of Manipal Acunova) of making use of their confidential information.

In order to obtain legal remedy Manipal Acunova had filed a case in the City/Civil & Sessions Court, Bangalore (OS 7904/2010) under 39 Rule 1 and 2 r/w Section 151 Civil Procedure Code seeking an exparte temporary injunction against Semler Research Centre, a full service clinical research organization and its six employees.

Hearing the case, the Court on November 18, 2010 passed an interim injunction in favor of Manipal Acunova.  The order stated that six employees presently working with Semler are bound to maintain the confidential information which they received as employees of Manipal Acunova and not utilize the same for the benefit of any other company.  Also, one of the defendants during his tenure at Manipal Acunova had sent emails to Semler and acted against the interest of the company. Therefore, the six employees are required to be restrained from making use of confidential information pertaining to Manipal Acunova.

As per the documents produced in the Court along with the suit, seeking for a permanent injunction, the Additional City Civil Judge of the Court after perusing the documents stated in his order that Semler Research Centre and its six employees who were holding key positions were in possession of the confidential information of Manipal Acunova.
 
The order stated that the company had spent huge amounts and time on research of new drugs and in marketing them. Further, it stated that the six employees who were holding key positions in the company were having confidential information of the company.
 
Now the six employees of Manipal Acunova Limited have resigned and joined Semler Research Centre. They were using the confidential information pertaining to Manipal Acunova to benefit Semler Research Centre and its sister concern, stated the order.
 
The order further stated that six employees presently working with Semler, during their tenure at Manipal Acunova by virtue of the terms of agreement under employment are bound to maintain the confidential information and not utilize the same for the benefit of any other company. Also, one of the defendants during his tenure at Manipal Acunova had sent emails to Semler and acted against the interest of the company. Therefore, the six employees are required to be restrained from making use of confidential information pertaining to Manipal Acunova.

Passing the temporary injunction order, the court issued suit summons and notices to the defendants which are returnable by December 16, 2010.