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Intellectual Property Law

Intellectual Property Law (6th edn)

Lionel Bently, Brad Sherman, Dev Gangjee, and Phillip Johnson
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date: 01 October 2023

p. 126245. Obligation of Confidencelocked

p. 126245. Obligation of Confidencelocked

  • L. Bently,
  • B. Sherman,
  • D. Gangjee
  •  and P. Johnson


This chapter considers one requirement in a breach of confidence action: that the defendant was under a legal (as opposed merely to a moral) obligation of confidentiality. It first looks at the basic test for a confidence arising that is ‘knowledge’ or ‘notice’. More specifically, the chapter examines the duties that arise in different situations, such as where the parties are in a direct relationship, where there is an indirect relationship, and where no relationship exists.

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