Trade Secrets in UK Law
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OBG Ltd and another v Allan and Others
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To be liable for inducing breach of contract, you must know that you are inducing a breach of contract. It is not enough that you know that you are procuring an act which, as a matter of law or construction of the contract, is a breach. Nor does it matter that you ought reasonably to have done so. He took the information in the honest belief that the employee would not be in breach of contract.
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Littlewoods Organisation Ltd v Harris
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The reason is because it is so difficult to draw the line between information which is confidential and information which is not: and it is very difficult to prove a breach when the information is of such a character that a servant can carry it away in his head. The difficulties are such that the only practicable solution is to take a covenant from the servant by which he is not to go to work for a rival in trade. Such a covenant may well be hold to be reasonable if limited to a short period.
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Lansing Linde Ltd v Kerr
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Mr. Poulton suggested that a trade secret is information which, if disclosed to a competitor, would be liable to cause real (or significant) harm to the owner of the secret. I would add first, that it must be information used in a trade or business, and secondly that the owner must limit the dissemination of it or at least not encourage or permit widespread publication.
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Thomas v Farr Plc and another
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In order to establish that the inclusion of a non-competition clause in an employment contract was reasonably necessary for the protection of the employer's interest in confidential information, the first matter which the employer obviously needs to establish is that at the time of the contract the nature of the proposed employment was such as would expose the employee to information of the kind capable of protection beyond the term of the contract (i.e. trade secrets or other information of equivalent confidentiality).
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Attorney General v Guardian Newspapers Ltd and Others (No. 2)
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I start with the broad general principle (which I do not intend in any way to be definitive) that a duty of confidence arises when confidential information comes to the knowledge of a person (the confidant) in circumstances where he has notice, or is held to have agreed, that the information is confidential, with the effect that it would be just in all the circumstances that he should be precluded from disclosing the information to others.
But it is well settled that a duty of confidence may arise in equity independently of such cases; and I have expressed the circumstances in which the duty arises in broad terms, not merely to embrace those cases where a third party receives information from a person who is under a duty of confidence in respect of it, knowing that it has been disclosed by that person to him in breach of his duty of confidence, but also to include certain situations, beloved of law teachers - where an obviously confidential document is wafted by an electric fan out of a window into a crowded street, or when an obviously confidential document, such as a private diary, is dropped in a public place, and is then picked up by a passer-by.
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Vestergaard Frandsen A/S (now called MVF 3 ApS) and Others v Bestnet Europe Ltd and Others
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If, and only if, all those features are shared, the fact that some parties to the common design did only some of the relevant acts, while others did only some other relevant acts, will not stop them all from being jointly liable. Accordingly, although she was party to the activities which may have rendered other parties liable for misuse of confidential information, she cannot be liable under common design.
- The Trade Secrets (Enforcement, etc.) Regulations 2018
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Investigatory Powers Act 2016
...... a warrant relates to the activities in the British Islands of a trade union is not, of itself, sufficient to establish that the warrant is ... Services Act 2000;(f) an offence under section 4 of the Official Secrets Act 1989 relating to any such information, document or article as is ......
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The Public Interest Merger Reference (Perpetuus Advanced Materials plc) (Pre-emptive Action) Order 2021
......No trade secrets, know how, commercially-sensitive information,.. 5. No trade ......
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The Public Interest Merger Reference (Gardner Aerospace Holdings Ltd. and Impcross Ltd.) (Pre-emptive Action) Order 2019
......No trade secrets, know-how, commercially-sensitive information,.. 8. No trade ......
- Trade Secrets: The Spring‐Board Unsprung
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Trade secrets: the Enron crash has hit the headlines, but many other firms have been legally concealing the true state of their finances. Ted Stone advises wary investors to vote with their chequebooks.
...If you had told me a year ago that the earnings of a high-flyer would spark a major scandal, the odds are I would have picked a high-tech company such as Cisco Systems. Instead it's Enron. The company transformed itself from a provider of natural gas......
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Commercial satellite imagery: CI, KM, and trade secret law
Purpose: The purpose of this paper is to examine the implications of remote surveillance or satellite imagery as they relate to trade secret law, knowledge management, and competitive intelligence.......... and remote sensing are increasingly more precise andubiquitous, the laws protecting businesses that have an interest in protecting trade secrets areinconsistent. On the one hand, the US Government has given itself a powerful tool to protect tradesecrets under the Economic Espionage Act. On the ......
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Intellectual property rights
Purpose: The purpose of this paper is to provide an overview of intellectual property justifications and the basics of intellectual property law. Design/methodology/approach: The paper examines in........., discussingsuch areas as: copyright protection, patents, trademarks, trade secrets and common and currentmisconceptions.Findings – Overprotection ......
- Trade Secrets
- Trade Secrets
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UK moves to implement Trade Secrets Directive
Tomorrow Hogan Lovells will join other interested parties at a round table meeting convened by the UK Intellectual Property Office to discuss the proposed approach to implementation of the new Trad...
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UK Reveals Its Future Approach To Trade Secrets
The UK government has finally launched a consultation on its proposed “Trade Secrets (Enforcement, etc) Regulations 2018,” in advance of the June 9, 2018, deadline to implement the EU Trade Secrets...