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 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.
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. *
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
Number Of Pages: 976
Published: 3rd April 2012
Publisher: Oxford University Press
Country of Publication: GB
Dimensions (cm): 24.8 x 17.3
Weight (kg): 1.6
Edition Number: 2
Edition Type: Revised