- Published on
information that is strictly confidential
The law of confidence is not technically a form of intellectual property (IP), but it is sometimes grouped in with the mainstream rights because it is frequently connected with those rights. It is essential, for instance, to maintain a level of confidentiality prior to submitting a patent application in order to prevent the uniqueness of the idea from being compromised. The law of confidence is governed not by statute but by case law, and as you might anticipate, the vast majority of cases concern situations in which stated responsibilities of confidentiality are absent and implied duties of confidentiality need to be examined. It is essential to keep in mind, on the other hand, that express duties can (and frequently should) be imposed (for example, on critical employees or independent contractors). In situations in which the confidentiality of information cannot be secured through contractual means, for example if it has been shared with third parties, the courts may rely on trust principles to restrict how the information can be used.
Case law is the basis for the protection of confidential information in most jurisdictions. In the United States, case law and the adoption by each state of a version of a Model Law known as the "Uniform Trade Secrets Act" work together to produce a parallel legal system.
The law of confidence is not technically a form of intellectual property (IP), but it is sometimes grouped in with the mainstream rights because it is frequently connected with those rights. It is essential, for instance, to maintain a level of confidentiality prior to submitting a patent application in order to prevent the uniqueness of the idea from being compromised. The law of confidence is governed not by statute but by case law, and as you might anticipate, the vast majority of cases concern situations in which stated responsibilities of confidentiality are absent and implied duties of confidentiality need to be examined. It is essential to keep in mind, on the other hand, that express duties can (and frequently should) be imposed (for example, on critical employees or independent contractors). In situations in which the confidentiality of information cannot be secured through contractual means, for example if it has been shared with third parties, the courts may rely on trust principles to restrict how the information can be used.
Case law is the basis for the protection of confidential information in most jurisdictions. In the United States, case law and the adoption by each state of a version of a Model Law known as the "Uniform Trade Secrets Act" work together to produce a parallel legal system.
0 Comments