Gurry on Breach of Confidence

Huw Beverley-Smith, European Intellectual Property Review 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.

Dr Mira T. Sundara Rajan, IPKat The authors of ^i Gurry on Breach of Confidence^r 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.

The Commonwealth Lawyer, Vol. 21, No. 2 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.

Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers 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.

Canadian Business Law Journal. 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.

<br>Dr. Tanya Aplin is a Reader in Intellectual Property Law at King's College, London. She was previously a Lecturer in Law at Robinson College, Cambridge (2000-2002), and a Research Fellow at Murdoch University (1997-1999). Dr. Aplin is a visiting lecturer on law programmes offered by the IP Academy Singapore, National University of Singapore, Pepperdine University and Loyola Law School, Los Angeles. She is also Director of the King's Postgraduate Diploma/MA in UK, EC and US Copyright Law. She has written widely in the field of intellectual property law, including privacy. <br>Professor Lionel Bently is Hershel Smith Professor of Intellectual Property Law and Director of the Centre for Intellectual Property and Information Law at the University of Cambridge. He is the author of a leading textbook on Intellectual Property, Intellectual Property Law (2nd ed. Oxford: OUP, 2004) <br>Phillip Johnson is a Barrister in private practice <br>Simon Malynicz is a barrister at Hogarth Chambers, New Square, Lincoln's Inn, specializing in intellectual property law. He has experience of litigating breach of confidence actions in the UK. He has contributed to a number of works including, Intellectual Property in Europe (Sweet & Maxwell), The Community Trade Marks Handbook (Sweet & Maxwell) and The Community Designs Handbook (Sweet & Maxwell). He is also a joint author of the second edition of The Modern Law of Trade Marks (Butterworths).<br>

PART ONE: INTRODUCTION; I. The Legal Notion of Confidence; A. The Elements of Enforceable Confidence; B. The Functions Served by the Enforcement of Confidence; C. The Historical Development of the Action; D. Confidence and Its Relation to Other Systems of Regulation of Information; E. The Impact of the Human Rights Act; F. The Enduring Importance of the Action; PART TWO: THE JURISDICTIONAL BASIS OF THE ACTION; II. Specific Jurisdictional Sources; A. Introduction; B. Contract; C. Equity; D. Property; E. The Relevance of Tort; III. Sui Generis Action; PART THREE: CONFIDENTIAL INFORMATION; IV. The Attributes of Confidentiality; A. The Requirements of Confidentiality; B. Information, Expression, Ideas and their Embodiments (formerly Mode of Expression); C. Characteristics of Confidentiality; D. Information Lacking Confidentiality (formerly Compulsory Disclosure Under Statute); V. Categories of Confidential Information; A. Trade Secrets; B. Personal Confidences; C. Artistic and Literary Confidences; D. Government Secrets; PART FOUR: THE OBLIGATION OF CONFIDENCE; VI. General Principles; A. The Limited Purpose Test; B. Subjective or Objective?; C. Obviously Confidential Documents; D. Privacy Cases; E. Surreptitious Acquisition of Confidential Information - The Problem of Espionage (formerly in Part VII); F. Third Party Recipients; VII. Common Classes of Obligation; A. Business Obligation; B. Professional Obligations; C. Fiduciaries; D. Litigation; E. Obligations Arising from Disclosure Under Statute; VIII. The Employee's Obligations During His Employment; A. The Express Obligation of Confidence; B. The Implied Obligations; C. Limits to Express and Implied Obligations; D. Enforcement: Specific Issues Relating to Employees; IX. The Post-Employment Obligations of the Employee; A. Express Obligations; B. The Restraint of Trade Doctrines; C. Implied Obligations; D. Enforcement: Specific Issues Relating to Employees; X. Obligation Arising From Disclosure of Information Held by the State or Its agencies; A. Breach of Confidence; B. Statutory Prohibitions on Disclosure of Information Held by the State; C. Access to Information Held by the State; D. The European State and its Agencies; PART FIVE: DURATION AND BREACH OF OBLIGATION; XI. The Duration of the Obligation of Confidence; A. Release by Express or Implied Consent; B. The Mental Element in Breach; C. Partial Uses; D. Transformative Uses; E. Breach by Employees and ex-employees (formerly in Chapter XIII); PART SIX: DEFENCES; XIII. The Public Interest; A. The Defence of the Just Cause or Excuse; B. The Public Interest, Confidences and Litigation; C. The Legitimate Interest and Art 10 of the ECHR; XIV. Miscellaneous Defences; A. Unclean Hands; B. Delay; C. Disclosure Under Compulsion of Law; D. Disclosures Permitted Under Statute; PART SEVEN: REMEDIES; XV. The Available Remedies; XVI. Anton Piller Orders; XVII. Interlocutory Orders; A. The Standard of Proof; B. The Balance of Convenience; C. Section 12 of the Human Rights Act; D. The effect of the Civil Procedure rules; XVIII. Final Injunction; A. The Nature of the Information; B. The Publication Which The Information has received; C. Extent of Use; D. Good Faith and Change of Position; E. Detriment; F. Certainty in the Terms of the Injunction; G. Conclusion; XIX. Orders for Delivery Up or destruction; XX. Disgorgement Remedies (formerly Account of Profits); A. Circumstances in Which an Account is available; B. Calculating the Profit; C. Constructive Trusts; XXI. Compensatory Remedies (formerly Damages); A. Circumstances in Which Damages Will be Awarded; B. The Measure of Damages; XXII. Criminal Aspects; PART EIGHT: PROCEDURAL CONSIDERATIONS; XXIII. Procedures for Preserving Secrecy During Litigation; A. The Extent of Disclosure Required; B. Procedural Safeguards for Protecting Confidentiality; PART NINE: INTERNATIONAL ASPECTS; XXIV. Breach of Confidence in Public International Law Instruments; A. Paris Convention; B. TRIPs; XXV. Breach of