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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: 09 December 2023

p. 129047. Misuse of Private Informationlocked

p. 129047. Misuse of Private Informationlocked

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


This chapter examines the tort of misuse of private information. It begins by considering the sort of information that can be considered private. It then moves on to examining the test for whether there is a reasonable expectation of privacy over such information. The chapter looks at the ‘ultimate balancing test’ that is the balancing of rights under Articles 8 and 10 of the European Convention of Human Rights and concludes by touching on reform.

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