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Intellectual Property Law

Intellectual Property Law (5th edn)

Lionel Bently, Brad Sherman, Dev Gangjee, and Phillip Johnson
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date: 03 October 2023

p. 121944. Is the information capable of being protected?locked

p. 121944. Is the information capable of being protected?locked

  • L. Bently, L. BentlyHerchel Smith Professor of Intellectual Property, University of Cambridge
  • B. Sherman, B. ShermanProfessor of Law, University of Queensland
  • D. GangjeeD. GangjeeAssociate Professor of Intellectual Property Law, University of Oxford
  •  and P. JohnsonP. JohnsonProfessor of Commercial Law, Cardiff University


This chapter looks at the type of information that is capable of being protected by the action for breach of confidence. More specifically, it examines four limitations placed on the type of information that may be protected under the action: where the information is trivial, immoral, vague, or in the public domain. It also considers the notion of ‘relative secrecy’ around which the breach of confidence, along with encrypted information and the so-called ‘springboard’ doctrine.

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