Patents Chapter 7 Flashcards
State the elements for a cause of action for breach of confidence and name the leading case which these elements are based on
Coco v. Clark
- The information has the necessary degree of confidence about it;
- The information was provided in circumstances importing an obligation of confidence; and
- (for injunction to be granted) there was an unauthorized use or disclosure of that information.
Explain the springboard doctrine
Where one party uses information that they have obtained in confidence to steal a march on competitors
Information that is trivial will not be protected, name the 2 relevant cases.
- Coco v. Clark
2. Douglas V. Hello!
Information that is vague or too general shall not be protected, name the relevant case.
Palumbo
Information that is in the public domain will not be protected, name the relevant case.
A-G v. Guardian
Identify a situation where a defence of public interest is available
Disclosure relating to criminal offence, civil wrong, non-compliance with legal obligation
Privacy versus freedom of expression, which articles are relevant?
Articles 8 & 10 ECHR
What does the law say about public interest versus public quriosity?
The law draws a line between matters that affect the moral, political or medical welfare of the public and the public’s entertainment, curiosity or amusement.
Disclosure is allowed to correct a falsely created image by a public figure, name the case
Campell
Disclosure is allowed where it protects public health or safety, name the case (faulty alcohol machines)
Lion Laboratories
Is confidential information a form of property?
There is no settled definition of confidential information, it thus depends on multiple factors, such as the nature of the information and the circumstances under which the information is received.
