Overview

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 The specification in this catalogue, including without limitation price, format, extentFrancis 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.

Full Product Details

Author:   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) ,  Simon Malynicz (Barrister, Three New Square)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Edition:   2nd Revised edition
Dimensions:   Width: 17.30cm , Height: 5.40cm , Length: 24.80cm
Weight:   1.600kg
ISBN:  

9780199297665

ISBN 10:   0199297665
Pages:   976
Publication Date:   29 March 2012
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

Table of Contents

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

Reviews

This is a long-awaited second edition of Francis Gurry's Breach of Confidence. The first edition, as the authors rightly note in their preface, was a truly elegant synthesis of the law of confidence as it stood at the time This second edition offers a near perfect fusion of the academic and the practical elements of breach of confidence which remains true to the immense scholarship of the first edition while imposing the collective stamp of authority of four leading lawyers. It demonstrates both the enduring quality of the original thesis and the current authors' commitment to the highest form of practical scholarship. * Huw Beverley-Smith, European Intellectual Property Review * The authors of i Gurry on Breach of Confidencer provide an excellent guide to understanding the complex legal issues involved. The book is systematic and well-organized, and its treatment of the subject aims to be comprehensive. The clarity of the structure is matched by generally clear writing throughout the book, which helps to convey this complex subject-matter with a minimum of confusion. The book should be useful and interesting to both academics and practitioners, with different chapters appealing to each (the chapters are largely self-contained and could stand alone). Students at all levels will find it to be a helpful resource for gaining an understanding of this area. * Dr Mira T. Sundara Rajan, IPKat * No serious practitioner specialising in this fast-moving area of law can afford to be without this book. The authors deserve to be commended not just for their erudition and industry, but also for the highly ordered manner in which they have been presented the commentary. * The Commonwealth Lawyer, Vol. 21, No. 2 * We think it's safe to say that all practitioners working in this field should give this long awaited edition of Gurry's pride of place on their desks. * Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers * This treatise is a timely and impressive contribution to the study of breach of confidence in all its varied manifestations. It should appeal to practitioners and academics alike, and surely deserves a wide readership. * Canadian Business Law Journal. *

We think it's safe to say that all practitioners working in this field should give this long awaited edition of Gurry's pride of place on their desks. Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers

The authors of i Gurry on Breach of Confidencer provide an excellent guide to understanding the complex legal issues involved. The book is systematic and well-organized, and its treatment of the subject aims to be comprehensive. The clarity of the structure is matched by generally clear writing throughout the book, which helps to convey this complex subject-matter with a minimum of confusion. The book should be useful and interesting to both academics and practitioners, with different chapters appealing to each (the chapters are largely self-contained and could stand alone). Students at all levels will find it to be a helpful resource for gaining an understanding of this area. Dr Mira T. Sundara Rajan, IPKat No serious practitioner specialising in this fast-moving area of law can afford to be without this book. The authors deserve to be commended not just for their erudition and industry, but also for the highly ordered manner in which they have been presented the commentary. The Commonwealth Lawyer, Vol. 21, No. 2 We think it's safe to say that all practitioners working in this field should give this long awaited edition of Gurry's pride of place on their desks. Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers

Author Information

"Dr Tanya Aplin is a Reader in Intellectual Property Law at King's College, London. She was previously a Lecturer in Law at Robinson College, Cambridge (2000-2002), and a Research Fellow at Murdoch University (1997-1999). Dr Aplin is a visiting lecturer on law programmes offered by the IP Academy Singapore, National University of Singapore, Pepperdine University and Loyola Law School, Los Angeles. She is also Director of the King's Postgraduate Diploma/MA in UK, EC and US Copyright Law. She has written widely in the field of intellectual property law, including privacy. Professor Lionel Bently is Hershel Smith Professor of Intellectual Property Law and Director of the Centre for Intellectual Property and Information Law at the University of Cambridge. He is the author of a leading textbook on Intellectual Property, Intellectual Property Law (2nd ed. Oxford: OUP, 2004) Simon Malynicz is a barrister at 3 New Square , specializing in intellectual property law. He has experience of litigating breach of confidence actions in the UK. He has contributed to a number of works including, Intellectual Property in Europe (Sweet & Maxwell), The Community Trade Marks Handbook (Sweet & Maxwell) and The Community Designs Handbook (Sweet & Maxwell). He is also a joint author of the second edition of The Modern Law of Trade Marks (Butterworths). Phillip Johnson is a barrister specialising in intellectual property law, media law, entertainment and sports law. Formerly, he was a legal adviser to the Patent Office from 2003 to 2007. He is also a Visiting Senior Fellow at Queen Mary, University of London and a Visiting Professor at the Jersey Law Institute. He is presently the Chair of the Expert Advisory Group on Trade Marks and Designs for the Intellectual Property Office and a Chair of the Brands and Custom Research Group at the Intellectual Property Institute."""

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