Category Archive for: ‘Confidentiality’

The ALRC conducts Inquiry into “Serious Invasions of Privacy in the Digital Era”

The average internet user will click “I agree” to countless Privacy Policies (or 1,462 in a year, if you believe this research) without a second thought. Yet, as we forge further into the ever evolving digital age, more and more personal data is being shared by an increasing number of internet users (Facebook counted 1.23 billion users last month), without …

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Secret Miners’ Business – Gold and Copper Resources Pty Ltd v Newcrest Operations Ltd

A recent case of the NSW Supreme Court, Gold and Copper Resources Pty Ltd v Newcrest Operations Ltd [2013] NSWSC 281, highlights the importance of being able to prove your own loss or the other party’s profit as a result of a breach of confidence, and how confidentiality agreements interact with the equitable duty of confidence and disclosure to Government …

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Copyright and the Digital Economy – Issues Paper released by ALRC

The Australian Law Reform Commission (ALRC) today released the Issues Paper for its current enquiry into copyright and the digital economy.  The review focuses on the suitability of the current law in the evolving digital marketplace.

The ALRC is seeking comment on a number of issues including:

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Enforcing obligations of confidence against ex-employees

There are various ways, both legal and practical, to protect yourself against the risk of an ex-employee making use of your valuable business information and poaching your customers.  One of the ways in which employers are protected is through the doctrine of confidential information.  However, understanding the limitations of that protection is important.  Read More

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TwitterLeaks – personal information not so private in Web 2.0

A US Court has recently upheld an Order requiring social networking giant Twitter to produce electronic records of three Twitter account holders to the United States Government as part of the criminal investigation into WikiLeaks, Jullian Assange and Bradley Manning.

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Review Panel prescribes greater transparency for the TGA

Last month, the Parliamentary Secretary for Health & Ageing, the Hon Catherine King MP, released a Report into ways of improving the transparency of the Therapeutic Goods Administration.  The Review Panel held public consultations and received 118 submissions from a variety of stakeholders representing consumers, healthcare practitioners and industry, following “community concern about the lack of information made available by the TGA.

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Supreme Court dismisses confidential information claim

The Victorian Supreme Court yesterday dismissed a claim for breach of confidence brought against Incitec Pivot by former leasing consultants, MMFC.  In striking out the plaintiff’s claim, which was commenced in July 2008, Justice Croft found that MMFC had failed to identify or define information capable of protection as confidential information.
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Painaway case reveals some painful IP licensing lessons

Painaway Australia v JAKL Group both confirms and undermines the value of exclusively licensing trade secrets and provides some painful lessons in drafting IP licences.

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If you want to stop your ex-employees starting up a competitor business, Blackmagic won’t get you there!

In Blackmagic Design Pty Ltd v Overliese the Full Court of the Federal Court was recently asked to consider the legal remedies available to an employer in the event that his or her employee appropriates confidential information for the purposes of establishing a competitor business. 

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