��Ӱ��

Home / EFP / CONFIDENTIALITY vol 12(3)

CONFIDENTIALITY vol 12(3)

Stop drafting from scratch and work more productively.

Offering an unrivalled collection of non-litigation precedents for everything specialist and generalist practitioners are likely to encounter.

TAKE A FREE TRIAL

CONFIDENTIALITY vol 12(3)

Back to full list

About this title—authors, overview

Commentary

1 Scope of title

2 Legal protection for commercial confidential information

3 The role of confidence

4 The meaning of confidential information

5 Form and originality

6 Application of contract and equity to the same situation

7.1 General meaning of ‘trade secret’

7.2 Statutory definition of trade secret

7.3 Scope of protection for trade secrets

8 Know-how

9 Aims of the trade secrets legislation

10 Interplay between the trade secrets legislation and principles of common law and equity

11 Parts of the Trade Secrets Directive expressly implemented in the UK

12 Parts of the Trade Secrets Directive not expressly implemented in the UK

13 Terminology used in the trade secrets legislation

14.1 Meaning of ‘trade secret’

14.2 Meaning of ‘secret’

14.3 Meaning of ‘reasonable measures in the circumstances’

14.4 Meaning of ‘commercial value’

15 Subject matter of a trade secret for the purposes of the trade secrets legislation

16 Possession rather than ownership of trade secrets

17.1 Circumstances in which it is unlawful to acquire, use and disclose a trade secret

17.2 Meaning of ‘unlawful acquisition’ of a trade secret

17.3 Meaning of unlawful use and disclosure of a trade secret

17.4 Indirect unlawful acquisition, use or distribution of a trade secret

17.5 Infringing goods

18.1 When is it lawful to acquire, use and disclose trade secrets?

18.2 Lawful acquisition, use or disclosure of trade secrets where required or allowed by EU or national law

19 Measures, procedures and remedies under the trade secrets legislation

20.1 Exceptions to the application of the Trade Secrets Directive

20.2 Purposes

21 Establishing breach of confidence

22 Necessary quality of confidence

23 Public domain and public knowledge and intellectual property protection

24.1 General

24.2 Agreement to keep information confidential

24.3 Manner in which information acquired

24.4 Unsolicited information

24.5 Information disclosed in the course of negotiations

24.6 Information disclosed under a contract

25 Unauthorised use of information

26 Defendant’s state of mind

27 Duration of obligations of confidence

28 Release from obligations of confidence

29 Confidential information as property

30 The assignment of confidential information

31 Licensing of confidential information

32 Enforcement of commercial confidentiality obligations

33 Measures, procedures and remedies

34 Remedies available under the trade secrets legislation

35 Interim injunctions and the ‘reasonable case’ standard under the trade secrets legislation

36 Interim injunctions and the balance of convenience

37 Misuse of confidential technical information: the springboard doctrine

38 Implied obligations of confidence

39 Implied obligation of confidence of persons entering into contractual relationships (such as those providing services or producing or providing goods)

40 Implied obligation of confidence of sub-contractors

41 The creation of confidential information by a person under a contract

42 Implied obligations of confidence arising in pre-contract negotiations

43 Implied obligation of confidence—professional and other relationships

44 Implied obligation of confidence of bankers

45 Implied obligation of confidence of medical staff

46 Implied obligation of confidence of solicitors and barristers

47 Implied obligation of confidence of directors

48 Implied obligation of confidence of partners and joint venturers

49 Implied obligation of confidence of agents

50 Implied obligation of confidence—arbitration

51 Duty of confidence owed by an employee

52 Current employees and their duty of confidence

53 Former employees and their duty of confidence

54 What employer information may an ex-employee use?

55 The meaning of a trade secret

56 Level of duty on a former employee

57 Former employees and the use of restrictive covenants

58 Exceptions to obligation of confidentiality

59 Protection afforded to employees by the trade secrets legislation

60 Should the information be disclosed (at all)?

61 Issues from the disclosing party’s point of view

62 Issues from the receiving party’s point of view

63 Compliance issues with particular type of organisations

64 Academic and research organisations

65 Smaller organisations (particularly in the computer software industry and related industries)

66 Connected companies

Stop drafting from scratch and work more productively.

Offering an unrivalled collection of non-litigation precedents for everything specialist and generalist practitioners are likely to encounter.

TAKE A FREE TRIAL