Breach of Confidence, Trade Secrets & Patents

Flashcards on key vocabulary related to breach of confidence, trade secrets, and patents.

Confidential Information (CI)

Information that is not publicly available, may or may not have commercial value, is communicated in confidence, and is reasonably protected.

Trade Secret (TS)

A specific type of Confidential Information (technical, strategic, financial) that has actual or potential economic value and/or provide a competitive advantage by virtue of its secret nature and reasonable efforts are taken by the owner to keep it secret.

Know-how

Unlike confidential information or trade secrets, may or may not be confidential.

Novelty (Patents Act 1977, s. 2)

Confidentiality ensures this for patents.

Legal framework for protection (Art.39 of TRIPS)

Protects information if it is secret, has commercial value because it is secret, and has been subject to reasonable steps to keep it secret.

Legal framework for protection (Paris Convention Art.10)

Provides protection from unfair competition resulting by dishonest practices.

UK Trade secrets Regulations 2018

Protects undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use, and disclosure.

Practical Trade secret management

Involves identifying valuable information, assessing risks, applying risk reduction measures, and monitoring and reacting to misappropriation or leakage.

Digital information & Trade secrets

Algorithms, Source Code, Database, Digital Design, Models, Prototypes, Or any information stored digitally

Springboard Doctrine

Prevents misuse of confidential information as a 'springboard' for competitive advantage.

Patent

An exclusive right granted by the state for an invention that is new, involves an inventive step, and is capable of industrial application.

Invention

A new and inventive solution to a technical problem.

Reverse Engineering

Inspect, dissect, analyse it, discover the secret and then be entitled to use it

Patentability criteria

The invention must be patentable subject matter (not excluded), new, involving inventive step, capable of industrial application and sufficiently disclosed

Breach of Confidence

Violation of a duty to keep information secret.

Commercial Value

The actual or potential economic worth of confidential information or trade secrets.

Reasonable Steps

Actions taken by the owner to keep confidential information or trade secrets secret.

Unfair Competition

Dishonest practices that result in a competitive disadvantage.

Injunction

A court order prohibiting certain actions, often used in breach of confidence cases.

Account of Profit

A remedy in breach of confidence cases where the defendant must surrender profits made from the misuse of confidential information.

Damages

Monetary compensation awarded for losses suffered due to a breach of confidence.

Public Interest

A defense to breach of confidence claims where disclosure of information is justified for the benefit of society.

Fiduciary Relationships

Good faith obligations (e.g., Lac Minerals v. International Corona Resources [1990]).

Confidentiality Agreements

Secure these with employees and third parties to protect trade secrets.

Access Controls

A protection measure for digital trade secrets.

Original Taste

Coca-Cola recipe trade secret.

Limitations CI/TS

CI/TS is not an IP right but exists alongside IP.

Advantages of Trade Secrets

Trade Secrets are not limited in time and involve no registration costs.

Strategic Move

Protecting an idea as (CI) and/or (TS) is a strategic move to stay ahead of the market and competitors.

Employment

Implied confidentiality duties and reasonable restraint clauses.