Gurry on Breach of Confidence: The Protection of Confidential Information

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.

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