Jurisdiction - Singapore
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Singapore – Invenpro (M) Sdn Bhd v JCS Automation Pte Ltd And Another [2014] SGHC 38.
1 May 2014

Singapore recognises that diverse types of confidential information, including information of a non-commercial nature are protectable under the law of confidence. An action for breach of confidence remains a useful tool to enforce contractual and equitable obligations of confidence in relation to intellectual creations. However, it is always crucial to bear in mind that the burden of proof rests entirely on the plaintiff and in order to succeed there must be evidence to support the plaintiff’s claim.


The recent decision in Invenpro (M) Sdn Bhd v JCS Automation Pte Ltd and another [2014] SGHC 38 exemplifies the importance of gathering, presenting and
establishing evidence to substantiate a claim for breach of confidence. In this case, Invenpro claimed that JCS Automation was liable for breach of confidential information, in particular, for having received Invenpro’s confidential information relating to their latest model of batch scrubbing machines and thereafter using the confidential information to manufacture their own scrubbing machines.


Unfortunately, Invenpro did not have any concrete evidence to conclusively establish that JCS Automation had in fact received any of Invenpro’s confidential information or that JCS Automation had misused Invenpro’s confidential information.


In the circumstances, the Honourable Judicial Commissioner George Wei rightly held that Invenpro’s claim against JCS Automation for breach of confidential information must necessarily fail.


This decision is a useful reminder of the importance of adducing material evidence, direct or circumstantial, to establish its case. In relation to a claim for breach of confidence, this case also illustrates that before the court would impose an equitable obligation of confidence, the plaintiff must satisfy the court that its’ case possesses sufficient circumstances to justify the imposition of such an obligation.




For further information, please contact:

 

Arthur Yap, ATMD Bird & Bird

Arthur.yap@twobirds.com

 

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