Author: Tanya Aplin
Publisher: OUP Oxford
ISBN: 0191640395
Category : Law
Languages : en
Pages : 1634
Get Book Here
Book Description
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.
Author: S. M. Waddams
Publisher: Cambridge University Press
ISBN: 9780521016698
Category : Law
Languages : en
Pages : 276
Get Book Here
Book Description
This book considers the inherent complexities of private law; relevant to property, tort, contract, legal method and legal theory.
Author: Tanya Aplin
Publisher: Oxford University Press, USA
ISBN: 019964330X
Category : Law
Languages : en
Pages : 939
Get Book Here
Book Description
This book provides a full and clear exposition of the fundamentals of intellectual property law in the UK. It combines excerpts from cases and a broad range of secondary works with insightful commentary from the authors which will situate the law within a wider international context.
Author: Francis Gurry
Publisher: Oxford University Press
ISBN: 9780198253785
Category : Confidential communications
Languages : en
Pages : 487
Get Book Here
Book Description
This is a reissue of Gurry's definitive study of Breach of Confidence. Though much has changed since the book first appeared in 1984, the quality of this study is such that it remains in constant demand among practitioners and scholars. The revolution in intellectual property law and the protection of trade secrets in particular requires lawyers to approach the subject with increasing sophistication and clarity, qualities which Gurry's classic study exhibits in abundance.
Author: Magdalena Kolasa
Publisher: Cambridge University Press
ISBN: 110833749X
Category : Law
Languages : en
Pages : 412
Get Book Here
Book Description
In the increasingly knowledge- and innovation-based economy in which the mobility of the workforce is vital, employees and ex-employees are considered to be one of the biggest threats to the existence of trade secrets. The interests of the former parties to the employment relationship are contradictory: employers want to safeguard their competitive position by limiting use of information, and employees want to use that information to pursue their professional career. Magdalena Kolasa analyses existing guidelines that determine the extent to which former employees may use information learned during service. She proposes criteria for a balanced enforcement of trade secrets, discussing the statutory and implicit confidentiality duties, contractual protection, and remedies. Drawing from the laws of Germany, UK, and USA, and considering the EU Trade Secrets Directive, this book advocates an approach which recognises the value and functions of trade secrecy both within companies and in the context of public policy.
Author: Magdalena Kolasa
Publisher: Cambridge University Press
ISBN: 1108424228
Category : Business & Economics
Languages : en
Pages : 411
Get Book Here
Book Description
A comparative analysis of trade secrets enforcement against ex-employees in the EU and USA, aimed at legislators and practitioners.
Author: Sandra Booysen
Publisher: Cambridge University Press
ISBN: 1107145147
Category : Business & Economics
Languages : en
Pages : 431
Get Book Here
Book Description
An insight into bank secrecy in major jurisdictions, complemented by chapters on privacy, data protection, conflict of laws and exchange of information.
Author: Simone Degeling
Publisher: Bloomsbury Publishing
ISBN: 1509901477
Category : Law
Languages : en
Pages : 373
Get Book Here
Book Description
This collection of essays interrogates significant issues at the forefront of scholarship and legal practice in the field of money remedies in equity. Chapters address the contentious and developing field of equitable compensation, including: the nature of equitable compensation; the relevant causation inquiry for equitable compensation; whether notions of contribution apply to multiple agents; accessorial liability; the role of discretion in limiting equitable compensation; which wrongs yield equitable compensation; and the extent to which compensation in equity differs from money remedies at common law. Other chapters examine the remedy of disgorgement of profit, and specifically the theoretical basis of that remedy, its application in the context of fiduciary obligations, and third-party issues. A number of chapters also examine the interrelationship between loss- and gain-based money relief. In addressing these issues the book includes both doctrinal and theoretical perspectives, and brings together leading equity scholars and judges from across the common law world.
Author: Nils Jansen
Publisher: Oxford University Press
ISBN: 0192508016
Category : Law
Languages : en
Pages : 3650
Get Book Here
Book Description
The book provides rule-by-rule commentaries on European contract law (general contract law, consumer contract law, the law of sale and related services), dealing with its modern manifestations as well as its historical and comparative foundations. After the collapse of the European Commission's plans to codify European contract law it is timely to reflect on what has been achieved over the past three to four decades, and for an assessment of the current situation. In particular, the production of a bewildering number of reference texts has contributed to a complex picture of European contract laws rather than a European contract law. The present book adopts a broad perspective and an integrative approach. All relevant reference texts (from the CISG to the Draft Common European Sales Law) are critically examined and compared with each other. As far as the acquis commun (ie the traditional private law as laid down in the national codifications) is concerned, the Principles of European Contract Law have been chosen as a point of departure. The rules contained in that document have, however, been complemented with some chapters, sections, and individual provisions drawn from other sources, primarily in order to account for the quickly growing acquis communautaire in the field of consumer contract law. In addition, the book ties the discussion concerning the reference texts back to the pertinent historical and comparative background; and it thus investigates whether, and to what extent, these texts can be taken to be genuinely European in nature, ie to constitute a manifestation of a common core of European contract law. Where this is not the case, the question is asked whether, and for what reasons, they should be seen as points of departure for the further development of European contract law.
Author: Parker Hood
Publisher: OUP Oxford
ISBN: 0191630950
Category : Law
Languages : en
Pages : 750
Get Book Here
Book Description
This comprehensive book begins with a consideration of the nature of the general banker-customer relationship, the obligations it poses and the issues relating to the commencement of the banking relationship. It provides individuals and companies with valuable guidance when assessing the risks in their relationship with banks, and vice versa. The following chapters allow all parties to consider carefully the central issues and underlying general principles that might arise by addressing the various activities undertaken by a lender. The duty of confidentiality, lenders as fiduciaries, the lender's duty to advise borrowers on the imprudence of transactions as well as fraud, and banks as constructive trustees and damages for breach of contract by a lender are all considered. The final chapters explore the duties of security holders and mortgagees of land, the liability of lenders for receivers they appoint, environmental liability and lender liability as shadow directors concerning wrongful trading. The book outlines liability in negligence and contract, with specific reference to existing case law concerning banks in this field from an English law perspective, and also Scottish and Commonwealth law, thus providing valuable applicability to the banking context for practitioners in other fields.
