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Published: 29 March 2012

976 Pages


ISBN: 9780199297665

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Chapter 1

Gurry on Breach of Confidence

The Protection of Confidential Information

Second Edition

Tanya Aplin, Lionel Bently, Phillip Johnson, and Simon Malynicz

  • 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 four 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

Also of Interest