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
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, Johnson 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
