Gurry on Breach of Confidence: The Protection of Confidential Information

Hardcover | April 11, 2012

byTanya Aplin, Lionel Bently, Simon Malynicz

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Francis Gurry's renowned work, Breach of Confidence, published in 1984, was groundbreaking and invaluable in the field of intellectual property as the first text to synthesise the then burgeoning case law on breach of confidence into a systematic form. A highly regarded book, it was the firstpoint of resort for practitioners and a key source for judges. Aplin, Bently and Malynicz bring us a new edition of this important work, which remains faithful to the original in its approach, but is fully updated in light of the developments since the first edition. The authors expand upon the original work, in particular adding new material on the history andcurrent relevance of the action for breach of confidence, . The authors stress both the advantages and disadvantages of the action for breach of confidence and, like Gurry, they constantly distinguish the action from associated legislative regimes which regulate the access to, acquisition, use anddisclosure of information. The book extensively references the many analyses of the data protection regime and considers also issues of jurisdiction and choice of applicable law. Bringing together their particular skills and interests, the three authors produce a fresh re-writing of a highly significant text which retains the academic quality and precision of the original and stakes its claim once more as the leading authority in the field.

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Francis Gurry's renowned work, Breach of Confidence, published in 1984, was groundbreaking and invaluable in the field of intellectual property as the first text to synthesise the then burgeoning case law on breach of confidence into a systematic form. A highly regarded book, it was the firstpoint of resort for practitioners and a key ...

Dr Tanya Aplin is a Reader in Intellectual Property Law at King's College, London. She was previously a Lecturer in Law at Robinson College, Cambridge (2000-2002), and a Research Fellow at Murdoch University (1997-1999). Dr Aplin is a visiting lecturer on law programmes offered by the IP Academy Singapore, National University of Singa...

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Format:HardcoverDimensions:704 pages, 9.69 × 6.73 × 0.01 inPublished:April 11, 2012Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199297665

ISBN - 13:9780199297665

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Table of Contents

Part One IntroductionI. The Legal Notion of ConfidenceA. The Elements of Enforceable ConfidenceB. The Functions Served by the Enforcement of ConfidenceC. The Historical Development of the ActionD. Confidence and Its Relation to Other Systems of Regulation of InformationE. The Impact of the Human Rights ActF. The Enduring Importance of the ActionPart Two: The Jurisdictional Basis of the ActionII. Specific Jurisdictional SourcesA. IntroductionB. ContractC. EquityD. PropertyE. The Relevance of TortIII. Sui Generis ActionPart Three: Confidential InformationIV. The Attributes of ConfidentialityA. The Requirements of ConfidentialityB. Information, Expression, Ideas and their Embodiments (formerly Mode of Expression)C. Characteristics of ConfidentialityD. Information Lacking Confidentiality (formerly Compulsory Disclosure Under Statute)V. Categories of Confidential InformationA. Trade SecretsB. Personal ConfidencesC. Artistic and Literary ConfidencesD. Government SecretsPart Four: The Obligation of ConfidenceVI. General PrinciplesA. The Limited Purpose TestB. Subjective or Objective?C. Obviously Confidential DocumentsD. Privacy CasesE. Surreptitious Acquisition of Confidential Information - The Problem of Espionage (formerly in Part VII)F. Third Party RecipientsVII. Common Classes of ObligationA. Business ObligationB. Professional ObligationsC. FiduciariesD. LitigationE. Obligations Arising from Disclosure Under StatuteVIII. The Employee's Obligations During His EmploymentA. The Express Obligation of ConfidenceB. The Implied ObligationsC. Limits to Express and Implied ObligationsD. Enforcement: Specific Issues Relating to EmployeesIX. The Post-Employment Obligations of the EmployeeA. Express ObligationsB. The Restraint of Trade DoctrinesC. Implied ObligationsD. Enforcement: Specific Issues Relating to EmployeesX. Obligation Arising From Disclosure of Information Held by the State or Its agenciesA. Breach of ConfidenceB. Statutory Prohibitions on Disclosure of Information Held by the StateC. Access to Information Held by the StateD. The European State and its AgenciesPart Five: Duration and Breach of ObligationXI. The Duration of the Obligation of ConfidenceA. Release by Express or Implied ConsentB. The Mental Element in BreachC. Partial UsesD. Transformative UsesE. Breach by Employees and ex-employees (formerly in Chapter XIII)Part Six: DefencesXIII. The Public InterestA. The Defence of the Just Cause or ExcuseB. The Public Interest, Confidences and LitigationC. The Legitimate Interest and Art 10 of the ECHRXIV. Miscellaneous DefencesA. Unclean HandsB. DelayC. Disclosure Under Compulsion of LawD. Disclosures Permitted Under StatutePart Seven: RemediesXV. The Available RemediesXVI. Anton Piller OrdersXVII. Interlocutory OrdersA. The Standard of ProofB. The Balance of ConvenienceC. Section 12 of the Human Rights ActD. The effect of the Civil Procedure rulesXVIII. Final InjunctionA. The Nature of the InformationB. The Publication Which The Information has receivedC. Extent of UseD. Good Faith and Change of PositionE. DetrimentF. Certainty in the Terms of the InjunctionG. ConclusionXIX. Orders for Delivery Up or destructionXX. Disgorgement Remedies (formerly Account of Profits)A. Circumstances in Which an Account is availableB. Calculating the ProfitC. Constructive TrustsXXI. Compensatory Remedies (formerly Damages)A. Circumstances in Which Damages Will be AwardedB. The Measure of DamagesXXII. Criminal AspectsPart Eight: Procedural ConsiderationsXXIII. Procedures for Preserving Secrecy During LitigationA. The Extent of Disclosure RequiredB. Procedural Safeguards for Protecting ConfidentialityPart Nine: International AspectsXXIV. Breach of Confidence in Public International Law InstrumentsA. Paris ConventionB. TRIPsXXV. Breach of Confidence in Private International LawA. Jurisdiction and Enforcement of JudgementsB. Choice of LawAppendix I: Statutory Provisions Creating Offences for the Misuse of Information Disclosed Pursuant to LitigationAppendix II: Statutory Obligations of Confidence