Confidential Information: EFH Technologies Ltd and another v. Rytium Technology FZC and another
This decision of Lord Turnbull in EFH Technologies Ltd. and another v Reytium Technology FZC and another [2010] ScotCS CSOH_143 (29 Oct 2010) highlights differences between the procedures in Scotland for obtaining the equivalent of interim injunctive relief and those of the rest of the United Kingdom. This was an application for an interim interdict (the equivalent of an interim injunction) to restrain the defender (defendant) from manufacturing, distributing or selling a product called NaturAD Shrimp Treat. This is used to prevent freshly caught prawns from turning black and unsightly. The pursuer (claimant) alleged that NaturAD Shrimp Treat was a copy of its own product called Prawnfresh. The pursuer's product had not been patented - though a patent application had been filed in December 2009 several years after Prawnfresh had first been marketed. The pursuer therefore had to rely on the law of confidence - again notwithstanding that the product had been in the stream o...