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Gurry on Breach of Confidence
The Protection of Confidential Information
Second Edition
Tanya Aplin, Lionel Bently, Phillip Johnson, and Simon Malynicz
984 pages
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246x171mm
978-0-19-929766-5
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Hardback
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March 2012 (estimated)
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This item is not yet published. Orders for not-yet-published items are supplied and charged immediately on publication.
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- New edition of the renowned Breach of Confidence by Francis Gurry, the original authority in its field dealing with the British law of confidence
- Extensively revised in light of the numerous legislative developments of the last two and a half decades, which have included the TRIPS Agreement, the European Data Protection Directive, the Freedom of Information Act, the Public Interest Disclosure Act and the Technology Transfer Regulation
- New coverage of choice of applicable law and jurisdictional issues, reflecting the international nature of many business transactions in the current climate
- The book is written by three authors, all highly respected specialists in intellectual property law, combining the expertise of academics and practitioners
New to this edition - The text has been substantially re-written to update it in light of the huge developments in the area in the last 25 years
- Includes new material on history and current relevance of the action, its regional and international context
- Analysis of the relation between the action for breach of confidence and the tort of undisclosed information developed in the light of the Human Rights Act 1998
- Full analysis of the case law on employees, including the duty of trust and confidence, garden leave and post-employment obligations since Faccenda Chicken v Fowler
- Extensive analysis of the interaction between private law duties of confidence, statutory obligations of confidentiality and freedom of information following the Freedom of Information Act 2004
- Analysis of the public interest defence, the Public Interest Disclosure Act, and statutory immunities from liability for breach of confidence
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 first point 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 and current 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 and disclosure 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.Readership: Practitioners (barristers and
solicitors specializing in intellectual property law and law on breach of confidence); judges, especially those who may be asked to determine matters involving confidentiality; academics who research or teach intellectual property law and law on breach of confidence; postgraduate/advanced students who study intellectual property
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Tanya Aplin, Lecturer in Law, King's College, London, Lionel Bently, Herchel Smith Professor of Intellectual Property Law and Director of the Centre for Intellectual Property and Information Law, University of Cambridge, Phillip Johnson, Barrister, and Simon Malynicz, Barrister, 3 New Square
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PART ONE: INTRODUCTION
I: The Legal Notion of Confidence
A: The Elements of Enforceable Confidence
B: The Functions Served by the Enforcement of Confidence
C: The Historical Development of the Action
D: Confidence and Its Relation to Other Systems of Regulation of Information
E: The Impact of the Human Rights Act
F: The Enduring Importance of the Action
PART TWO: THE JURISDICTIONAL BASIS OF THE ACTION
II: Specific Jurisdictional Sources
A: Introduction
B: Contract
C: Equity
D: Property
E: The Relevance of Tort
III: Sui Generis Action
PART THREE: CONFIDENTIAL INFORMATION
IV: The Attributes of Confidentiality
A: The Requirements of Confidentiality
B: Information, Expression, Ideas and their Embodiments (formerly Mode of Expression)
C: Characteristics of Confidentiality
D: Information Lacking Confidentiality (formerly Compulsory Disclosure Under Statute)
V: Categories of Confidential Information
A: Trade Secrets
B: Personal Confidences
C: Artistic and Literary Confidences
D: Government Secrets
PART FOUR: THE OBLIGATION OF CONFIDENCE
VI: General Principles
A: The Limited Purpose Test
B: Subjective or Objective?
C: Obviously Confidential Documents
D: Privacy Cases
E: Surreptitious Acquisition of Confidential Information - The Problem of Espionage (formerly in Part VII)
F: Third Party Recipients
VII: Common Classes of Obligation
A: Business Obligation
B: Professional Obligations
C: Fiduciaries
D: Litigation
E: Obligations Arising from Disclosure Under Statute
VIII: The Employee's Obligations During His Employment
A: The Express Obligation of Confidence
B: The Implied Obligations
C: Limits to Express and Implied Obligations
D: Enforcement: Specific Issues Relating to Employees
IX: The Post-Employment Obligations of the Employee
A: Express Obligations
B: The Restraint of Trade Doctrines
C: Implied Obligations
D: Enforcement: Specific Issues Relating to Employees
X: Obligation Arising From Disclosure of Information Held by the State or Its agencies
A: Breach of Confidence
B: Statutory Prohibitions on Disclosure of Information Held by the State
C: Access to Information Held by the State
D: The European State and its Agencies
PART FIVE: DURATION AND BREACH OF OBLIGATION
XI: The Duration of the Obligation of Confidence
A: Release by Express or Implied Consent
B: The Mental Element in Breach
C: Partial Uses
D: Transformative Uses
E: Breach by Employees and ex-employees (formerly in Chapter XIII)
PART SIX: DEFENCES
XIII: The Public Interest
A: The Defence of the Just Cause or Excuse
B: The Public Interest, Confidences and Litigation
C: The Legitimate Interest and Art 10 of the ECHR
XIV: Miscellaneous Defences
A: Unclean Hands
B: Delay
C: Disclosure Under Compulsion of Law
D: Disclosures Permitted Under Statute
PART SEVEN: REMEDIES
XV: The Available Remedies
XVI: Anton Piller Orders
XVII: Interlocutory Orders
A: The Standard of Proof
B: The Balance of Convenience
C: Section 12 of the Human Rights Act
D: The effect of the Civil Procedure rules
XVIII: Final Injunction
A: The Nature of the Information
B: The Publication Which The Information has received
C: Extent of Use
D: Good Faith and Change of Position
E: Detriment
F: Certainty in the Terms of the Injunction
G: Conclusion
XIX: Orders for Delivery Up or destruction
XX: Disgorgement Remedies (formerly Account of Profits)
A: Circumstances in Which an Account is available
B: Calculating the Profit
C: Constructive Trusts
XXI: Compensatory Remedies (formerly Damages)
A: Circumstances in Which Damages Will be Awarded
B: The Measure of Damages
XXII: Criminal Aspects
PART EIGHT: PROCEDURAL CONSIDERATIONS
XXIII: Procedures for Preserving Secrecy During Litigation
A: The Extent of Disclosure Required
B: Procedural Safeguards for Protecting Confidentiality
PART NINE: International Aspects
XXIV: Breach of Confidence in Public International Law Instruments
A: Paris Convention
B: TRIPs
XXV: Breach of Confidence in Private International Law
A: Jurisdiction and Enforcement of Judgements
B: Choice of Law
APPENDIX I: STATUTORY PROVISIONS CREATING OFFENCES FOR THE MISUSE OF INFORMATION DISCLOSED PURSUANT TO LITIGATION
APPENDIX II STATUTORY OBLIGATIONS OF CONFIDENCE
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The specification in this catalogue, including without limitation price, format, extent, number of illustrations, and month of publication, was as accurate as possible at the time the catalogue was compiled. Occasionally, due to the nature of some contractual restrictions, we are unable to ship a specific product to a particular territory. Jacket images are provisional and liable to change before publication.
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