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Gurry on Breach of Confidence: The Protection of Confidential Information (2nd Revised edition)

Our Price: £210.00 
Author(s): Aplin, Tanya; Bently, Lionel; Johnson, Phillip; Malynicz, Simon;
Classification(s): Confidential information law;
ISBN-13: 9780199297665
ISBN-10: 0199297665
Publication Date: 29 Mar 2012
Imprint: Oxford University Press
Availability: In Print
Free Stock: In Stock
Average ratings assigned : 5. Rate this product / View all ratings and comments (1) Ratings / Reviews
Publisher: Oxford University Press
Publication Country: United Kingdom
Binding: Hardback
Pages: 976
Dimensions: W: 173 mm / H: 248 mm

Francis Gurry's renowned work, Breach of Confidence, published in 1984, was groundbreaking and invaluable in the field of intellectual property as the first text to synthesise the then burgeoning case law on breach of confidence into a systematic form. A highly regarded book, it was the first point of resort for practitioners and a key source for judges. Aplin, Bently, Johnson and Malynicz bring us a new edition of this important work, which remains faithful to the original in its approach, but is fully updated in light of the developments since the first edition. The authors expand upon the original work, in particular adding new material on the history and current relevance of the action for breach of confidence, . The authors stress both the advantages and disadvantages of the action for breach of confidence and, like Gurry, they constantly distinguish the action from associated legislative regimes which regulate the access to, acquisition, use and disclosure of information. The book extensively references the many analyses of the data protection regime and considers also issues of jurisdiction and choice of applicable law. Bringing together their particular skills and interests, the three authors produce a fresh re-writing of a highly significant text which retains the academic quality and precision of the original and stakes its claim once more as the leading authority in the field.


1. The Importance of Confidence ;

2. Historical Development of the Law of Confidentiality ;

3. Justifications for Breach of Confidence and Protection of Trade Secrets ;

4. Jurisdictional Basis of Confidence ;

5. The Attributes of Confidentiality ;

6. Categories of Confidential Information ;

7. General Principles ;

8. Standing, Ownership, and Exploitation ;

9. Common Classes of Obligation ;

10. Introduction ;

11. Obligations during Employment ;

12. Post-Employment Obligations ;

13. Obligation Arising from Disclosure to the State and its Agencies ;

14. Duration ;

15. Breach ;

16. The Public Interest ;

17. The Available Remedies ;

18. Injunctions ;

19. Damages and Compensation ;

20. Accounts of Profits and Disgorgement Remedies ;

21. Delivery Up, Destruction, Publication, and Declarations ;

22. Breach of Confidence in Public International Law ;

23. Breach of Confidence in Private International Law


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. Huw Beverley-Smith, European Intellectual Property Review The authors of i Gurry on Breach of Confidencer 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. Dr Mira T. Sundara Rajan, IPKat 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. The Commonwealth Lawyer, Vol. 21, No. 2 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. Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers 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. Canadian Business Law Journal.

Author Biography

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. 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) Phillip Johnson is a Barrister in private practice 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).

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