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Misuse of confidential information in source code
In Australia, computer code can amount to confidential information as well as being subject to copyright protection. In some cases the two things overlap as was the case in decision of the Court in Optus Networks Pty Ltd v Telstra Corporation Ltd (2010) 265 ALR 281; [2010] FCAFC 21.
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Ex-employees and IP protection
Ex-employees can be a threat to a company’s intellectual property, but with the right contractual clauses, employers can protect their trademarks, copyright, patent, and design. Learn more about how to safeguard your company’s intellectual property.
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Use of confidential information – the springboard injunction
This article examines the UK decision of Forse & ors v Secarma Ltd & ors [2019] EWCA Civ 215, which discussed the legal concept of a springboard injunction, and its implications in Australia. The Court must consider similar principles to determine if an injunction should be granted.
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Injunction for breach of confidence
Dundas Lawyers helped a corporate client protect their confidential information and copyright material from a former employee and contractor. Read the full article to learn how they used detailed work and a chronology to secure justice for their client.
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Are fiduciary duties owed by former directors?
A former director’s duties and responsibilities to their previous company may not end with their resignation. Find out how the Advanced Fuels Technology Pty Ltd v Blythe & Ors [2018] VSC 286 case explored this concept and what the Court had to say.
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What is the springboard doctrine?
This article examines the ‘springboard’ doctrine which refers to the benefit that is derived because of misuse of confidential information by a defendant that enables them to ‘springboard’ a new product or service to market more rapidly than if they had used their own mind.
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Know-how versus confidential information
Understand the difference between “know-how” and confidential information when it comes to employer-employee relationships. Find out how to protect confidential trade secrets and use broad contractual terms to ensure protection. Click through to get the full details.
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Compilations from the public domain – confidential or not?
The Court of Appeal in Ezystay Systems Pty Ltd v Link 2 Pty Ltd [2014] NSWSC 180 had to re-examine the test for confidential information. It found that for information to be protected, it must have the necessary attributes of confidentiality and must be the product of skill and ingenuity of the human brain.
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Tort of conspiracy & confidential information
Australian Intelligence Community (AIC) and PC Falk issued decision in Uber Technologies and Uber B.V. investigation, providing guidance on Privacy Act 1988 (Cth) compliance and penalties. Uber ordered to implement plans, policies and programs and engage independent expert to ensure compliance.
Breach of confidence
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