The case concerned the liability for two former employees and their new employer for stealing trade secrets and for copyright infringement as well as breach of the duty of loyalty during the employment.
The Labour Court found that the databases that had been discovered at the employees’ new employer constituted copyrighted material (sui generis) and trade secrets belonging to the former employer. The only reasonable explanation for the databases to be found at the new employer was that the two former employees had transferred the databases to their new employer. The Court also found that the two employees and their new employer had intentionally violated the Copyright Act and the Act on the Protection of Trade Secrets. The two employees and their new employer were jointly liable to pay damages amounting to SEK 4,000,000 to the former employer. In addition, the employees and the new employer were forbidden by penalties to use the databases and were obliged by penalty to return the databases to the former employer.