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Gurry on Breach of Confidence: The Protection of Confidential Information, 2nd Edition

Gurry on Breach of Confidence: The Protection of Confidential Information, 2nd Edition

Author: Tanya Aplin; Lionel Bently; Phillip Johnson; Simon Malynicz
Publisher: Oxford University Press
ISBN: 9780199297665
Published In: March 2012
Format: Hardback , 976 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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 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

PART ONE: PRELIMINARY MATTERS
1: The Importance of Confidence
2: Historical Development of the Law of Confidentiality
3: Justifications for Breach of Confidence and Protection of Trade Secrets
PART TWO: THE JURISDICTIONAL BASIS OF THE ACTION
4: Jurisdictional Basis of Confidence
PART THREE: CONFIDENTIAL INFORMATION
5: The Attributes of Confidentiality
6: Categories of Confidential Information
PART FOUR: THE OBLIGATION OF CONFIDENCE
7: General Principles
8: Standing, Ownership, and Exploitation
9: Common Classes of Obligation
PART FIVE: EMPLOYMENT RELATIONS
10: Introduction
11: Obligations during Employment
12: Post-Employment Obligations
PART SIX: CONFIDENTIALITY AND THE STATE
13: Obligation Arising from Disclosure to the State and its Agencies
PART SEVEN: DURATION AND BREACH OF OBLIGATION
14: Duration
15: Breach
PART EIGHT: DEFENCES
16: The Public Interest
PART NINE: REMEDIES
17: The Available Remedies
18: Injunctions
19: Damages and Compensation
20: Accounts of Profits and Disgorgement Remedies
21: Delivery Up, Destruction, Publication, and Declarations
PART TEN: INTERNATIONAL ASPECTS
22: Breach of Confidence in Public International Law
23: Breach of Confidence in Private International Law

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 in private practice, and
Simon Malynicz, Barrister, Three New Square