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Vol 23 No 5 May/June 2018

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Gurry on Breach of Confidence: The Protection of Confidential Information 2nd ed


ISBN13: 9780199297665
Previous Edition ISBN: 0198253788
Published: March 2012
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £272.50



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Wildy's Book of the Month: April 2012

Francis Gurry's famous 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 of breach of confidence into a systematic form.

A highly regarded book, it was first point of resort for practitioners and a key source for judges. Alpin, Bentley, Johnson and Malynicz bring us a new edition of this important work, fully updating it in light of the developments since the first edition and adding new material on the history and current relevance of the action, as well as on comparative legal protection of confidential information within Europe.

  • New edition of the famouse Breach of Confidence by Francis Gurry, the first book in its field dealing with the British law of confidence
  • Fully updated in light of the numerous legislative developments of the last two decades, which have included the TRIPS agreement Agreement, the European Data Protection Directive, 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 three authors, all highly respected in intellectual property law, combining the expertise of academics and practitioners
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

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

Subjects:
Intellectual Property Law, Confidentiality
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;