Gurry on Breach of Confidence
The Protection of Confidential Data
2d Edition
Tanya Aplin, Lionel Bently, Phillip Johnson, and Simon Malynicz
- New edition of the renowned Alienation of Confidence past Francis Gurry, the original authority in its field dealing with the British constabulary of confidence
- Extensively revised in light of the numerous legislative developments of the last 2 and a half decades, which have included the TRIPS Understanding, the European Data Protection Directive, the Freedom of Information Deed, the Public Interest Disclosure Deed and the Engineering Transfer Regulation
- New coverage of choice of applicable police force and jurisdictional issues, reflecting the international nature of many business transactions in the current climate
- The book is written past three authors, all highly respected specialists in intellectual belongings law, combining the expertise of academics and practitioners
- The text has been essentially re-written to update it in light of the huge developments in the area in the terminal 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 alienation of confidence and the tort of undisclosed data developed in the light of the Homo Rights Human activity 1998
- Full assay of the case law on employees, including the duty of trust and confidence, garden leave and mail-employment obligations since R
- Extensive analysis of the interaction between private law duties of confidence, statutory obligations of confidentiality and freedom of data following the Freedom of Information Act 2004
- Assay of the public interest defence, the Public Involvement Disclosure Act, and statutory immunities from liability for alienation of confidence
Gurry on Alienation of Confidence
The Protection of Confidential Information
Second Edition
Tanya Aplin, Lionel Bently, Phillip Johnson, and Simon Malynicz
Table of Contents
Role 1: INTRODUCTION
I. The Legal Notion of Confidence
A. The Elements of Enforceable Confidence
B. The Functions Served by the Enforcement of Conviction
C. The Historical Evolution of the Activity
D. Confidence and Its Relation to Other Systems of Regulation of Information
E. The Impact of the Human Rights Act
F. The Indelible Importance of the Action
Role TWO: THE JURISDICTIONAL Ground OF THE Activity
Ii. Specific Jurisdictional Sources
A. Introduction
B. Contract
C. Equity
D. Belongings
Due east. The Relevance of Tort
3. Sui Generis Activity
Part THREE: CONFIDENTIAL Data
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)
Five. Categories of Confidential Information
A. Trade Secrets
B. Personal Confidences
C. Artistic and Literary Confidences
D. Regime Secrets
PART 4: THE OBLIGATION OF CONFIDENCE
VI. General Principles
A. The Limited Purpose Exam
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 Political party Recipients
VII. Mutual Classes of Obligation
A. Business Obligation
B. Professional Obligations
C. Fiduciaries
D. Litigation
Eastward. Obligations Arising from Disclosure Under Statute
VIII. The Employee'south Obligations During His Employment
A. The Express Obligation of Confidence
B. The Implied Obligations
C. Limits to Express and Implied Obligations
D. Enforcement: Specific Bug 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 Data Held by the Country or Its agencies
A. Breach of Confidence
B. Statutory Prohibitions on Disclosure of Data Held past the State
C. Access to Information Held past the State
D. The European Country and its Agencies
PART FIVE: DURATION AND BREACH OF OBLIGATION
11. The Duration of the Obligation of Confidence
A. Release by Express or Unsaid Consent
B. The Mental Chemical element in Breach
C. Partial Uses
D. Transformative Uses
E. Breach by Employees and ex-employees (formerly in Chapter Thirteen)
PART Half dozen: DEFENCES
Thirteen. The Public Involvement
A. The Defense force of the Only Cause or Alibi
B. The Public Interest, Confidences and Litigation
C. The Legitimate Interest and Art 10 of the ECHR
Fourteen. Miscellaneous Defences
A. Unclean Hands
B. Delay
C. Disclosure Under Compulsion of Law
D. Disclosures Permitted Under Statute
PART Vii: REMEDIES
XV. The Available Remedies
XVI. Anton Piller Orders
XVII. Interlocutory Orders
A. The Standard of Proof
B. The Remainder of Convenience
C. Section 12 of the Human being Rights Act
D. The result of the Civil Procedure rules
XVIII. Final Injunction
A. The Nature of the Information
B. The Publication Which The Data has received
C. Extent of Use
D. Good Faith and Modify of Position
East. 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. Computing the Profit
C. Constructive Trusts
XXI. Compensatory Remedies (formerly Damages)
A. Circumstances in Which Damages Volition 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. Alienation of Confidence in Public International Police force Instruments
A. Paris Convention
B. TRIPs
XXV. Breach of Confidence in Private International Police
A. Jurisdiction and Enforcement of Judgements
B. Pick of Law
APPENDIX I: STATUTORY PROVISIONS CREATING OFFENCES FOR THE MISUSE OF INFORMATION DISCLOSED PURSUANT TO LITIGATION
APPENDIX 2 STATUTORY OBLIGATIONS OF CONFIDENCE
Gurry on Breach of Conviction
The Protection of Confidential Information
Second Edition
Tanya Aplin, Lionel Bently, Phillip Johnson, and Simon Malynicz
Writer Information
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 past the IP Academy Singapore, National University of Singapore, Pepperdine Academy and Loyola Police School, Los Angeles. She is as well Managing director of the Rex's Postgraduate Diploma/MA in U.k., EC and US Copyright Law. She has written widely in the field of intellectual property law, including privacy.
Professor Lionel Bently is Hershel Smith Professor of Intellectual Property Law and Manager of the Heart for Intellectual Belongings and Information Constabulary at the University of Cambridge. He is the author of a leading textbook on Intellectual Holding, Intellectual Property Law (2nd ed. Oxford: OUP, 2004)
Phillip Johnson is a Barrister in private exercise
Simon Malynicz is a barrister at Hogarth Chambers, New Foursquare, Lincoln's Inn, specializing in intellectual belongings police. He has feel of litigating breach of confidence deportment in the Uk. He has contributed to a number of works including, Intellectual Property in Europe (Sweet & Maxwell), The Community Merchandise Marks Handbook (Sweetness & Maxwell) and The Community Designs Handbook (Sweet & Maxwell). He is as well a joint author of the second edition of The Modern Law of Trade Marks (Butterworths).
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