Our DATA PROTECTION team 'is fully conversant with complex technical details and displays outstanding commercial awareness of the issues'

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Confidentiality

Confidential information and trade secrets can comprise many different types of information such as: formulae; databases; processes; business plans; designs; financial or statistical information; computer source code; plans and technical drawings.

If properly protected, confidential information can remain a valuable asset indefinitely as, unlike other intellectual property rights, it is not limited by time. However, maintaining the confidential nature of a company’s sensitive information requires careful consideration and ongoing vigilance.

Our team advises on all aspects of trade secret and confidential information law. We advise clients (including those in the sensitive defence sector) on issues such as:

  • Drafting and negotiating clauses in employment contracts and stand-alone agreements to establish obligations of confidence
  • The arrangements for sharing and using confidential information with third parties, including in joint ventures and joint development agreements
  • Where valuable trade secrets may already be in jeopardy bringing actions for breach of confidence, including obtaining interim and “springboard” injunctions and search orders
  • The recovery/secure destruction of confidential information

Examples of our work include:

  • Conducting a major High Court Claim against the major Japanese electronics company Ricoh in a claim for contractual and equitable breach of confidence ([2012] EWHC 348 (Ch))
  • Representing a leading defence company in High Court proceedings against a competitor, in a case concerning the use of underwater acoustic technology
  • Ocular Sciences v Aspect Vision Care ([1997] RPC 289), one of the leading authorities on breach of confidence cases

 

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