Confidential information, including know-how and trade secrets can be extremely valuable and integral to the success of a business, project or product.
Confidential information often exists alongside other intellectual property, such as patents or trade marks.
Confidential information is not, however, ’property’ and unlike patents, copyright, trade marks and designs and other intellectual property, is not protected under any specific legislation. It is, nevertheless, protected in equity, even where no contractual basis for protection exists.
Our team can assist with:
- drafting confidentiality or non-disclosure agreements
- advice and preparation of agreements involving the disclosure and commercial exploitation of confidential information
- strategy and policy advice to protect confidential information
- remedial action to redress the unauthorised disclosure or use of confidential information
- advice on the quantification of damages arising from breaches of confidence, including the relevance of the ‘springboard doctrine’
- advice on the impact of fiduciary relationships on the protection of confidential information, including employer/employee relationships, directors and company officers, and professional/client relationships
- advice on various causes of action relevant to confidentiality breaches, including equitable remedies, contractual remedies and economic torts
- advice on the use of information relevant to employee inventions
- advice on express and implied employment restraints
- advice on defences to alleged confidentiality breaches, including the defence of public interest
- restraint of trade covenants and protection of goodwill
- the relevance on Anton Piller orders, search orders and other protective orders and undertakings”.